Probable cause affidavit: |
SUBMITTED BY: VICK, BRYAN 0684 (12-311845) (AR12-3672) \t\t\tMORAN, GREGORY 1246 DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF BEALLâS DEPARTMENT STORE, TO WIT: NIKE SHOES, 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. ON 120212, I WAS DISPATCH TO BEALLâS DEPARTMENT STORE LOCATED AT 2851 EAST GULF TO LAKE HIGHWAY, INVERNESS, FLORIDA, IN REFERENCE TO TWO SUBJECTS IN CUSTODY FOR SHOPLIFTING. UPON ARRIVAL, I MADE CONTACT WITH THE COMPLAINANT/LOSS PREVENTION OFFICER, MR CHAD WHITLER, WHO ADVISED ME THAT HE HAD A PAIR OF SHOPLIFTERS IN CUSTODY WHO WERE LATER IDENTIFIED AS MS APRIL BROWN AND MR THOMAS SCHNEE. MR WHITLER ADVISED ME THAT HE HAD OBSERVED A MALE AND FEMALE IN THE SHOE DEPARTMENT AND NOTICED THE MALE REMOVE A PAIR OF NIKE SHOES FROM THE BOX AND PLACE THEM ON HIS FEET. HE THEN OBSERVED THE FEMALE REPLACE THE MALEâS OLD BOAT SHOES INTO THE NIKE BOX AND HAND THE BOX BACK TO THE MALE. THE MALE THEN PLACED THE BOX ON THE FLOOR AND BOTH SUBJECTS PASSED THE FINAL POINT OF SALE AND EXITED THE STORE WITH NO ATTEMPT TO PAY. MR WHITLER FOLLOWED THE SUBJECTS OUTSIDE THE DOOR, THEY BEGAN TO RUN, AND HE RAN OUT THE DOOR AFTER THEM AND ACROSS THE PARKING LOT TO CATCH UP TO THEM. MR WHITLER ADVISED THAT AS SOON AS HE IDENTIFIED HIMSELF, BOTH SUBJECTS STOPPED RUNNING AND RETURNED TO THE STORE WITHOUT INCIDENT. ONCE INSIDE THE LOSS PREVENTION OFFICE, BOTH SUBJECTS ADMITTED TO BEING ACTIVE PARTICIPANTS IN THE THEFT AND APOLOGIZED STATING THEY HAD MONEY TO PAY FOR THE SHOES, BUT DECIDED TO SAVE IT FOR FOOD. MR WHITLER PROVIDED ME WITH A SALES RECEIPT FOR THE SHOES WHICH WERE VALUED AT $85.00. MR WHITLER ALSO PROVIDED ME WITH A SWORN WRITTEN STATEMENT. I THEN MADE CONTACT WITH BOTH DEFENDANTS WHERE I READ THE DEFENDANTS THEIR MIRANDA WARNINGS VIA AGENCY PREPRINTED CARD. THE DEFENDANTS ADVISED THAT THEY UNDERSTOOD THEIR RIGHTS AND STATED THAT THEY WOULD SPEAK WITH ME AT THIS TIME. MS BROWN STATED THAT THEY WENT OUT TO GET MILK AND COFFEE FOR HER MOTHER, BUT MR SCHNEE NEEDED A NEW PAIR OF SHOES AND SHE STATED WHILE IN THE STORE, THEY MADE THEIR WAY TO THE SHOE DEPARTMENT WHERE SHE DID IN FACT HELP MR SCHNEE WITH THE SHOES. MS BROWN STATED THEY DID INTEND ON PAYING FOR THE SHOES, BUT WANTED TO SAVE THE MONEY FOR FOOD FOR HER MOTHER. MS BROWN DID ACKNOWLEDGE THAT SHE WAS A PARTICIPANT IN HELPING MR SCHNEE STEALING THE SHOES KNOWING HE WAS NOT GOING TO PAY FOR THEM. MS BROWN PROVIDED ME WITH A SWORN WRITTEN STATEMENT. I THEN MADE CONTACT WITH DEFENDANT SCHNEE WHO ADVISED ME THAT HE AND HIS GIRLFRIEND, MS BROWN, WENT OUT TODAY FOR MILK AND COFFEE FOR MS BROWNâS MOTHER. HE ADVISED THAT THEY DECIDED TO STOP AT BEALLâS TO LOOK AT SHOES BECAUSE HIS OLD BOAT SHOES ARE WORN OUT. WHILE IN THE SHOE DEPARTMENT, HE DID TAKE OFF HIS BOAT SHOES, PLACED THEM IN THE NIKE BOX, PUT THE NIKES ON AND ATTEMPTED TO LEAVE THE STORE. MR SCHNEE DID PROVIDE A SWORN WRITTEN STATEMENT. ALL PAPERWORK WAS COLLECTED AND TURNED IN TO RECORDS. THE DEFENDANTS WERE PLACED UNDER ARREST, HANDCUFFED, BEHIND THEIR BACK, (DOUBLE LOCKED), SEARCHED, 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 EACH, PER THE BOND SCHEDULE. |