| Probable cause affidavit: |
SUBMITTED BY: ENTREKIN, GREGORY 1245 (AR14-10570) (CASE 14-73335) THE DEFENDANT DID KNOWINGLY COMMIT A SCHEME TO DEFRAUD, IN WHICH HE CONDUCTED A SYSTEMATIC, ONGOING COURSE OF CONDUCT WITH INTENT TO DEFRAUD ONE OR MORE BUSINESSES, OR WITH INTENT TO OBTAIN PROPERTY FROM ONE OR MORE BUSINESSES BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS OR PROMISES OR WILLFUL MISREPRESENTATIONS OF A FUTURE ACT, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 817.034(4)(A)(3). ON 053014, I RESPONDED TO 8545 WEST PERIWINKLE LANE IN HOMOSASSA TO THE BUSINESS OF ADVANCED AUTO PARTS IN REFERENCE TO A THEFT. UPON MY ARRIVAL I MADE CONTACT WITH THE COMPLAINANT, MR PAUL MENZER iii, WHO IDENTIFIED HIMSELF AS A PART OF THE ASSET PROTECTION TEAM FOR ADVANCED AUTO PARTS. MR MENZER III ADVISED HE TRAVELED TO THE STORE IN HOMOSASSA TO FOLLOW UP ON SUSPICIOUS REFUND ACTIVITY AT THE STORE. HE CONTINUED TO STATE THAT THE GENERAL MANAGER, MR CALVIN FIGUEROA HAD CONTACTED HIM ABOUT SUSPICIOUS REFUND ACTIVITY AND LOSS OF CASH. MR MENZER III STATED THEY DID A PHYSICAL INSPECTION OF RETURNED PRODUCTS AND DISCOVERED SOME OF THE REFUNDED ITEMS WERE MISSING. MR MENZER III STATED THAT AT APPROXIMATELY 1405 HOURS ON THIS DATE HE HAD A CONVERSATION WITH SALES PERSON, MR AUSTIN KIMBALL AND DURING THE COURSE OF THIS CONVERSATION MR KIMBALL ADMITTED TO PROCESSING APPROXIMATELY 10 TO 15 FRAUDULENT REFUNDS, AND STEALING THE CASH. MR MENZER III ALSO INFORMED ME MR KIMBALL ADMITTED TO TAKING A RADAR DETECTOR, SET OF SYLVANIA 2XE HEADLIGHTS, AND A BOTTLE OF WAX. MR KIMBALL ESTIMATED THAT HE HAD CAUSED A LOSS OF APPROXIMATELY $1,500.00 TO $1,600.00 IN CASH AND PROVIDED MR MENZER III WITH A WRITTEN STATEMENT ADMITTING TO HIS ACTIONS. I THEN SPOKE WITH THE MANAGER, MR CALVIN FIGUEROA, WHO IS THE GENERAL MANAGER OF ADVANCED AUTO PARTS OF HOMOSASSA. MR FIGUEROA ADVISED HE HAD CONTACTED HIS LOSS PREVENTION TO WHAT HE BELIEVED WAS FRAUDULENT REFUNDS THAT WERE BEING CONDUCTED. MR FIGUEROA THEN STATED HE WAS NOT A PART OF THE CONVERSATION WHICH OCCURRED BETWEEN MR MENZER III AND MR KIMBALL, BUT MR KIMBALLâS CONFESSION WAS BROUGHT TO HIS ATTENTION THEREAFTER. AT THIS TIME I MADE CONTACT with THE SUSPECT, MR AUSTIN KIMBALL. BEFORE SPEAKING WITH MR KIMBALL I READ HIM HIS MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD. AFTER EXPLAINING MR KIMBALL HIS RIGHTS, I ASKED HIM IF HE UNDERSTOOD, AND HE STATED, YES, AND THAT HE WISHED TO CONTINUE SPEAKING WITH ME IN REFERENCE TO THIS INCIDENT. UPON INITIALLY SPEAKING TO MR KIMBALL, I ASKED HIM TO EXPLAIN TO ME EXACTLY WHAT HAD HAPPENED, AND MR KIMBALL STATED HE WAS HIRED ON APPROXIMATELY 020914, AFTER BEING TERMINATED FROM J C PENNEYâS FOR CONDUCTING FRAUDULENT REFUNDS. MR KIMBALL THEN STATED AFTER WORKING FOR ADVANCED AUTO PARTS FOR APPROXIMATELY ONE MONTH, HE BEGAN TO USE OTHER TEAM MEMBERS USER NAMES AND PASS WORDS TO COLLECT REFUNDS FROM OLD RECEIPTS, TO THE APPROXIMATE VALUE OF $1,500.00 TO $1,600.00, AND THAT HE HAD ALSO TAKEN A RADAR DETECTOR, A SET OF HEADLIGHTS, A BOTTLE OF WAX, AND SOME STROBE LIGHTS, AND GAVE THEM TO HIS EX-GIRLFRIEND, MS BRITTANY CLARK. MR KIMBALL THEN ADVISED ME THE REasON HE WAS CONDUCTING THE FRAUDULENT REFUNDS WAS TO HELP SUPPORT HIS FAMILY, ALONG WITH PAYING HIS PROBATION. MR KIMBALL STATED THAT HE WAS TOLD BY MR MENZER III, THAT HE WAS CAUGHT ON VIDEO SURVEILLANCE COMMITTING THESE ACTS, BUT IT WAS ALSO BROUGHT TO HIS ATTENTION THAT THE STORE DOES NOT HAVE ANY VIDEO SURVEILLANCE. AT THIS TIME I COLLECTED SWORN WRITTEN STATEMENTS FROM ALL PARTIES, ALONG WITH ISSUING MR MENZER III A CASE CARD. MR KIMBALL WAS INFORMED HE WAS BEING PLACED UNDER ARREST FOR SCHEMING TO DEFRAUD, AND HE WAS HANDCUFFED BEHIND HIS BACK, DOUBLE LOCKED, PLACED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT $2,000.00 PER THE BOND SCHEDULE. ALL SWORN WRITTEN STATEMENTS AND TWO KNOWN COPIES OF RECEIPTS OF FRAUDULENT RETURNS WERE TURNED OVER TO RECORDS. |
