On June 7, 2024, PCSO pulled over a man in Winter Haven for his suspended driver’s license. After being identified as Jose Samuel Marcano-Cubilette (DOB 07/22/1998), it was learned that he had an active felony Polk County warrant for burglary with assault/battery, domestic violence battery by strangulation, criminal mischief $1,000 or more, tampering with a witness, 1st degree felony, domestic violence false imprisonment, and robbery by sudden snatching.
It should be noted that these are unedited reports of facts by PCSO. These facts are up for question and everyone is entitled to question the validity of facts by law enforcement in a court of law. Winter Haven Daily does not rewrite these facts as some meanings or interpretations could be in error and change context. We hope readers appreciate being able to read the information and come to your own conclusion.
“On June 7, 2024, at approximately 2050 hours, I observed a blue sedan traveling east on Eloise Loop Road. I conducted a query on the tag and learned the registered owner has a suspended driver’s license. I conducted a traffic stop at Helena Rd. and Eloise Cove Dr.
Upon making contact with the driver, I asked for his driver’s license, and he stated he did not have it. I was able to identify the driver by his name and date of birth through DAVID as Jose Cubilette. I also learned Jose’s license has been suspended since 01/24/2023 for failure to pay a traffic fine.
I conducted an FCIC/NCIC check, which confirmed it was suspended. I also learned Jose has an active felony Polk County warrant for burglary with assault/battery, domestic violence battery by strangulation, criminal mischief $1,000 or more, tampering with a witness, 1st degree felony, domestic violence false imprisonment, and robbery by sudden snatching.
Post Miranda I asked Jose if he knew his license was suspended, and he replied yes.
Through my investigation, I determined Jose was operating a motor vehicle on a public roadway with a suspended license.
Jose was arrested and transported to the Polk County Sheriff’s Office processing center without incident.”
Below is the original unedited affidavit from March regarding the other charges:
“INCIDENT LOCATION
The single-family residence located REDACTED, Auburndale, FL 33823.
INVESTIGATION
On 3/10/24, I was requested by supervision to respond to the above residence in reference to a past-occurred domestic disturbance. Contact was made with REDACTED (victim) who provided a sworn recorded interview. The following was learned:
According to REDACTED, Jose Samuel Marcano-Cubilette (suspect) whom is the father of her child came over to the above residence on 3/9/24 and was greeted by REDACTED (witness/mother of REDACTED). Jose asked REDACTED if he could borrow the U-Haul truck they rented and was told no by REDACTED due to them using it. REDACTED was standing in the kitchen while REDACTED was speaking with Jose. Jose observed REDACTED and became irate calling her a “bitch” in Spanish then entered the residence uninvited by neither REDACTED or REDACTED. REDACTED confirmed Jose has never lived or pay rent at the residence.
Jose immediately went into the kitchen and intentionally grabbed REDACTED by her neck with his right hand then proceeded to forcibly push her to the nearby couch in the living room holding her down against her will. REDACTED‘s breathing was impeded by this action and was attempting to get away from Jose.
REDACTED intervened by attempting to pull Jose off REDACTED and began to feel sick due to her preexisting medical condition and fell to the ground. Jose released his grasp from REDACTED ‘s neck and REDACTED grabbed her IPhone 13 pro max (value: $1,100) advising she calling Law-Enforcement. Jose yelled “I’m not going to jail” then interfered by grabbing the phone from REDACTED depriving her of her property and threw it on the ground destroying it. REDACTED pleaded with Jose she was only calling medical services to help REDACTED. Jose walked to the stairs and advised if she tells medical services or law-enforcement what happened he was going to kill himself (unknown method).
Medical services left the scene and shortly after Jose came down from the second floor of the residence then immediately fled the scene without saying anything.
CIC confirmed Jose has no prior history for domestic battery and no outstanding warrants.
Probable cause exists to charge Jose with the following: Burglary with assault/battery (810.02(2)(A), DV by strangulation (784.041(2)*), DV false imprisonment (787.02(2)(A)..), Robbery by sudden snatching w/o firearm (812.131(2)(B), Criminal mischief $1000 or more (806.13(1)(B)3.) and tampering with witness 1st degree felony (914.22 (1)**)
No further action taken.”
