| Probable cause affidavit: |
SUBMITTED BY: DOWLING, THOMAS 0709 AR(13-4088) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF BEALLâSâ , TO WIT: SEVEN PIECES OF CLOTHING, TO $166.50, 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 011013, AT APPROXIMATELY 1831 HOURS, I RESPONDED TO THE BEALLâS DEPARTMENT STORE, WHICH IS LOCATED AT 2851 EAST GULF TO LAKE HIGHWAY, IN REFERENCE TO AN INCIDENT OF RETAIL PETIT THEFT. UPON MY ARRIVAL, I MADE CONTACT WITH THE COMPLAINANT, MR CHAD WHITLER, AND THE DEFENDANT, MS ASHLEY SMITH. THE COMPLAINANT ADVISED THAT AT APPROXIMATELY 1730 HOURS, HE HAD OBSERVED THE DEFENDANT TO ENTER THE STORE WITH A BEALLâS SHOPPING BAG AND A BACKPACK. THE DEFENDANT THEN SELECTED SEVEN SHIRTS FROM THE DISPLAY FIXTURES, AND ENTERED A FITTING ROOM STALL. WHEN THE DEFENDANT EXITED THE STALL, THE SEVEN SHIRTS WERE THEN MISSING. THE COMPLAINANT ADVISED THAT HE HAD THEN CHECKED THE STALL, FINDING THE DISCARDED HANGERS. THE COMPLAINANT THEN OBSERVED THE DEFENDANT AS SHE EXITED THE STORE, PASSING ALL FINAL POINTS OF SALE, AND MAKING NO ATTEMPT TO PAY FOR THE MERCHANDISE. THE COMPLAINANT ADVISED THAT AT THAT TIME, HE HAD STOPPED THE DEFENDANT OUTSIDE OF THE STORE, AND ESCORTED HER BACK THE LOSS PREVENTION OFFICER, INSIDE OF THE STORE. ONCE INSIDE OF THE OFFICE, THE COMPLAINANT THEN RECOVERED THE STOLEN MERCHANDISE FROM THE DEFENDANTâS BACKPACK. I WAS PROVIDED BY THE COMPLAINANT WITH A SWORN WRITTEN STATEMENT, WHICH WAS COLLECTED AND LATER TURNED IN TO CITRUS COUNTY SHERIFF'S OFFICE RECORDS, AS WELL AS A BEALLâS RECEIPT OF THE STOLEN ITEMS TOTALING THEIR VALUE AT $166.50, A COPY OF THE SURVEILLANCE VIDEO, AND A PICTURE OF THE STOLEN MERCHANDISE WHICH WILL ALL LATER BE TURNED IN TO CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE. I THEN MADE CONTACT WITH THE DEFENDANT, WHO WAS READ HER MIRANDA RIGHTS VIA A PRE PRINTED, AGENCY ISSUED CARD, WHO ADVISED THAT SHE DID UNDERSTAND HER RIGHTS, AND WISED TO CONTINUE SPEAKING WITH ME AT THIS TIME. THE DEFENDANT ADVISED THAT SHE HAD ENTERED THE STORE WITH THE CLOTHING IN HER SHOPPING BAG TO RETURN, AND AFTER VIEWING CLOTHING, SHE HAD DECIDED TO STEAL THEM. SHE DID COMPLETE A SWORN WRITTEN STATEMENT OF THIS ACCOUNT, WHICH READ: âI CAME INTO BEALLâS TOOK SOME SHORTS INTO THE SITTING ROOM, PUT THEM IN MY BAG.â THIS WAS SIGNED AND LATER TURNED IN TO CITRUS COUNTY SHERIFF'S OFFICE RECORDS. THE DEFENDANT WAS THEN ISSUED A NOTICE TO APPEAR CITATION, BEARING NUMBER 20326, FOR RETAIL PETIT THEFT, WITH A MANDATORY COURT DATE OF 013113, AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT SIGNED THIS, AND WAS PROVIDED A COPY. THE CITATION WAS LATER TURNED IN TO CITRUS COUNTY SHERIFF'S OFFICE RECORDS. THE DEFENDANT WAS THEN RELEASED ON SCENE. |
