Homeless man arrested for trying to break into occupied apartment after charge was dropped in similar February incident

Staff report

Updated on April 16 with pre-trial detention information.

GAINESVILLE, Fla. – Moise Beltschatsar Delva Jr., 30, was arrested early this morning for allegedly trying to break into an occupied apartment in Creeks Edge; he was recently released from the Alachua County Jail after the same charge from a February incident was dropped.

At about 3:35 a.m. on April 7, a Gainesville Police Department officer responded to an apartment in Creeks Edge (1810 NW 23rd Boulevard), where the victim said she was awakened by someone trying to open her front door; she said she could see Delva through the peephole of her front door as he continued to try to open the door.

The victim said Delva briefly left the area before returning to her front door and again trying to open it; Delva then allegedly approached the victim’s bedroom window, but he was ultimately unsuccessful in entering her apartment.

An officer found Delva in the parking lot in front of the victim’s apartment building. He matched the description provided by the victim, and the victim positively identified him as the man who had tried to break into her apartment.

Post Miranda, Delva reportedly admitted that he did not live in the victim’s apartment complex, and he could provide no explanation for being there.

Delva, who is described as homeless in the arrest report, has been charged with attempted burglary of an occupied dwelling. He has two felony convictions (non-violent) and three misdemeanor convictions (two violent); he has served one state prison sentence out of Miami-Dade County and was released in 2019. He has arrests in Miami-Dade County for battery, indecent exposure, selling drugs, child abuse, trespassing, contributing to the delinquency of a minor, and strongarm robbery and at least one arrest in Georgia.

Delva was arrested in February for trying to force open the door of an occupied apartment at 39th Avenue Apartments and then trying to pry open the window. On March 10, Judge James Colaw granted a motion from the State Attorney’s office to hold him without bail until trial, but on March 30, the charge was dropped, and Delva was released from jail.

Judge Susan Miller-Jones ordered him held without bail pending a hearing on a motion from the State Attorney’s Office to hold him without bail until trial. On April 16, Judge Susanne Wilson Bullard granted the motion and ordered him held without bail until trial.

Articles about arrests are based on reports from law enforcement agencies. The charges listed are taken from the arrest report and/or court records and are only accusations. All suspects are innocent until proven guilty in a court of law.