Probable cause affidavit: |
SUBMITTED BY: RODRIGUEZ, MARCIAL 0301 (13-63662) (AR13-5609) \t\t\tWILLIAMS, JUSTIN 0730 DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WALMART, TO WIT: POULAN GAS POWERED CHAINSAW, CARRYING AWAY THE SAID MERCHANDISE, WITH INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE, A MERCHANT, OF THE POSSESSION, USE, BENEFIT, OR FULL RETAIL VALUE OF SAID PROPERTY, SAID PROPERTY BEING OF A VALUE OF LESS THAN $300.00, IN VIOLATION OF FLORIDA STATE STATUTE 812.015. ON 051413, AT APPROXIMATELY 1445 HOURS, I RESPONDED TO WALMART SUPERCENTER AT 2461 EAST GULF TO LAKE HIGHWAY, INVERNESS, IN REFERENCE TO A SHOPLIFTER IN CUSTODY. UPON ARRIVAL, I MADE CONTACT WITH COMPLAINANTS/LOSS PREVENTION OFFICERS, MR JOSEPH COMPOSTELLA AND MR COURTNEY HENRY, WHO ADVISED THAT THEY OBSERVED THE DEFENDANT, MR MICHAEL MATKEY, PURCHASE A CHAINSAW. IMMEDIATELY AFTER MAKING THE PURCHASE, THE DEFENDANT PLACED THE CHAINSAW IN A SHOPPING CART AND PLACED THE SHOPPING CART IN A SELECT SPOT INSIDE THE STORE. THE COMPLAINANTS THEN ADVISED THAT THEY OBSERVED THE DEFENDANT RETURN TO THE SECTION WHERE THE CHAINSAWS WERE AND PLACE A SECOND CHAINSAW INTO A SEPARATE CART AND PROCEEDED TO LEAVE THE STORE WITH THE MERCHANDISE. THE COMPLAINANTS ADVISED THAT THE DEFENDANT THEN RETURNED TO THE STORE, COLLECTED THE ORIGINALLY PURCHASED CHAINSAW ALONG WITH SEVERAL OTHER ITEMS AND PROCEED BACK THROUGH THE CHECKOUT SECTION. THE DEFENDANT PAID FOR THE OTHER ITEMS BUT PRODUCED A RECEIPT TO THE CASHIER SHOWING THAT HE HAD ALREADY PURCHASED THE CHAINSAW IN THE CART. THE DEFENDANT PROCEEDED OUT OF THE STORE WITH THE CHAINSAW. THE COMPLAINANTS ADVISED BOTH CHAINSAWS WERE LOADED IN THE DEFENDANTâS VEHICLE. THE COMPLAINANTS THEN DETAINED THE DEFENDANT AND RETURNED HIM AND THE STOLEN MERCHANDISE TO THE LOSS PREVENTION OFFICE. I MADE CONTACT WITH THE DEFENDANT WHO WAS READ MIRANDA FROM A PREPRINTED CARD. THE DEFENDANT ADVISED HE HAD PURCHASED THE CHAINSAW VALUED AT $137.00. UPON PURCHASING THE CHAINSAW, HE EXITED THE STORE AND PLACED THE PURCHASED CHAINSAW INTO HIS VEHICLE. THE DEFENDANT ADVISED THAT AS HE WAS PLACING IT IN HIS VEHICLE, HE HEARD SOME RATTLING IN THE BOX. HE THEN PROCEEDED BACK INTO THE STORE, GRABBED A SECOND CHAINSAW AND SEVERAL OTHER ITEMS. THE DEFENDANT ADVISED THAT HE PAID FOR THE OTHER ITEMS AND ATTEMPTED TO EXIT THE STORE WITH THE PURCHASED ITEMS ALONG WITH THE CHAINSAW, WHICH WAS NOT PAID FOR, WITH THE INTENT TO EXCHANGE THE TWO CHAINSAWS DUE TO THE RATTLING THAT HE HEARD AS HE LOADED THE ORIGINAL CHAINSAW INTO HIS VEHICLE. THE DEFENDANT ADVISED HIS REASON FOR DOING THIS WAS DUE TOT HE4 LINE BEING TOO LONG AT CUSTOMER SERVICE. I ADVISED THE DEFENDANT THAT BY REMOVING THE CHAINSAW FROM THE STORE, THAT HE HAD TEMPORARILY DEPRIVED THE MERCHANT OF THE PROPERTY. THE DEFENDANT ADVISED THAT HE UNDERSTOOD WHERE HE WENT WRONG. I WAS ABLE TO VIEW WALMARTâS SURVEILLANCE VIDEO, WHICH CONFIRMED THE STATEMENT GIVEN TO ME BY THE COMPLAINANTS. THE DEFENDANT WAS PLACED UNDER ARREST FOR RETAIL PETIT THEFT, HANDCUFFED, IN FRONT (DUE TO SHOULDER PROBLEMS), (DOUBLE LOCKED), SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT $250.00, PER THE BOND SCHEDULE. |