| Probable cause affidavit: |
SUBMITTED BY: VENTIMIGLIA, LISA 0621 (AR13-5877) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF CIRCLE K, TO WIT: THREE FOUR LOCOS BEERS AND ONE MIKEâS HARD LEMONADE, 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 STATUTES 812.015, 812.014(1), AND 812.014(3)(A). ON 060213, I RESPONDED TO CIRCLE K AT 1224 NORTH US HIGHWAY 41, INVERNESS, IN REFERENCE TO PETIT RETAIL THEFT. UPON ARRIVAL, I MADE CONTACT WITH THE STORE CLERK, MS KHIRSTA ANDERSON, WHO COMPLETED A SWORN WRITTEN STATEMENT ATTESTING THAT MR CODY JUSTIN WRIGHT AND AN UNKNOWN HISPANIC MALE WITH A TATTOO OF LA ON HIS NECK CAME INTO THE STORE AND ATTEMPTED TO BUY BEER. THEY WERE TOLD IT WAS AFTER MIDNIGHT AND THEY COULD NOT PURCHASE BEER. THE TWO STARTED TO ARGUE IN FRONT OF THE BEER COOLER. AS MS ANDERSON WAITED ON ANOTHER CUSTOMER SHE HEARD THE BEER COOLER DOOR OPEN. SHE TURNED AROUND AND IT LOOKED LIKE THE HISPANIC MALE WAS SHOVING SINGLE CANS OF BEER DOWN HIS PANTS AS HE HELD HIS SHIRT UP. THE HISPANIC MALE THEN LEFT THE STORE PASSING ALL POINTS OF PURCHASE. MR WRIGHT PURCHASED A HOT DOG BEFORE LEAVING THE STORE. MS ANDERSON ASKED MR WRIGHT IF HIS FRIEND JUST STOLE BEER, TO WHICH HE REPLIED, âI DONâT KNOW HEâS MEXICAN AND DRUNK.â MS ANDERSON CHECKED THE COOLER SHE HAD JUST FACED AND FRONTED AND IT APPEARED THREE FOUR LOCOS AND ONE MIKES HARD LEMONADE WERE MISSING FROM THE SHELVES. SHE THEN CALLED 9-1-1. SEVERAL UNITS âBOLOEDâ THE AREA AND THE TWO SUBJECTS WERE LOCATED. MR WRIGHT WAS LOCATED IN THE TACO BELL PARKING LOT BY DEPUTY CALLAHAN AND the HISPANIC MALE WAS LOCATED INSIDE CVS BY DEPUTY VICK. THE HISPANIC MALE WAS IDENTIFIED BY HIS COLORADO IDENTIFICATION CARD AS MR ANTHONY MICHAEL FOSTER, AND DID HAVE AN LA TATTOO ON HIS NECK. I READ MR WRIGHT HIS MIRANDA RIGHTS FROM A PREPRINTED AGENCY CARD. HE STATED HE UNDERSTOOD HIS RIGHTS AND AGREED TO SPEAK WITH ME. HE STATED HE AND MR FOSTER WERE AT THE CIRCLE K AND THAT MR FOSTER DID TAKE BEER AND LATER DITCHED THEM BEHIND THE STORE ON THEIR WAY TO TACO BELL. I ASKED MR FOSTER IF HE WISHED TO TELL ME WHAT HAPPENED, AND HE ONLY REPEATED THE question BACK TO ME. I OBSERVED MR FOSTERâS EYES TO BE RED AND GLASSY. I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HIS BREATH AS HE SPOKE. MR FOSTER WAS PLACED UNDER ARREST FOR PETIT THEFT, HANDCUFFED (DOUBLE LOCKED) AND TRANSPORTED TO CITRUS COUNTY DETENTION FACILITY WITHOUT INCIDENT, WHERE HE WAS TURNED OVER TO STAFF FOR BOOKING AND PROCESSING. HE WAS CHARGED WITH ONE COUNT OF RETAIL PETIT THEFT WITH A BOND AMOUNT OF $150.00. AT THIS TIME, THE ALCOHOL HAS NOT BEEN RECOVERED. |
