| Probable cause affidavit: |
SUBMITTED BY: MARSHALL, EVAN 1336 (AR 15-15579) (15-86133) DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, PUBLIX, TO WIT: TWO WHOLE BEEF TENDERLOIN FILET MIGNON , SAID PROPERTY BEING OF A VALUE OF 193.80, WITH THE INTENT TO EITHER TEMPORARILY OR PERMANENTLY DEPRIVE THE VICTIM OF A RIGHT TO THE PROPERTY OR A BENEFIT THEREOF, OR DID APPROPRIATE THE SAID PROPERTY TO HIS OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, IN VIOLATION OF FLORIDA STATE STATUTES 812.014(1) and 812.014(3)(a). ON 070115, I RECEIVED A CALL FROM DISPATCH STATING A THEFT HAD JUST occurred AT PUBLIX LOCATED AT 1012 WEST MAIN STREET, INVERNESS. DISPATCH ADVISED that THE COMPLAINANT AND PUBLIX MANAGER, MR JOSEPH CANOVA, HAD SEEN TWO SUBJECTS, ONE MALE AND ONE FEMALE, LEAVE THE STORE WITH TWO FILET MIGNONS. HE ADVISED HE OBSERVED THEM LEAVE THE PARKING LOT IN A BLACK JEEP BEARING FLORIDA LICENSE PLATE 503WJL, WITH TWO PIECES OF WOOD ON the TOP OF THE VEHICLE. HE ADVISED HE OBSERVED THE VEHICLE WAS HEADING EASTBOUND ON MAIN STREET. I ''BOLO'ED'' THE AREA IN AN ATTEMPT TO LOCATE THE VEHICLE which YIELDED NEGATIVE RESULTS. I RESPONDED TO PUBLIX WHERE I SPOKE TO THE COMPLAINANT AND ASKED WHAT HAD HAPPENED. THE COMPLAINANT ADVISED that A MALE AND FEMALE ENTERED THE STORE WITH SEVERAL SMALL CHILDREN AND SELECTED TWO SHOPPING CARTS, ONE EACH. THE COMPLAINANT ADVISED THEY THEN WALKED TO THE MEAT DEPARTMENT WHERE THEY ASKED A MEAT ASSOCIATE FOR TWO WHOLE BEEF TENDERLOIN FILET MIGNONS, UNSLICED. THE COMPLAINANT ADVISED THE MEAT ASSOCIATE GAVE THE MALE SUBJECT THE TWO FILET MIGNONS TOTALING $193.80. THE COMPLAINANT ADVISED THE SUBJECTS WALKED AROUND THE STORE AND THEN THE MALE SUBJECT PLACED THE TWO FILET MIGNONS IN A ZIPPERED DIAPER BAG IN the SHOPPING CART AND ZIPPED IT UP. THE COMPLAINANT ADVISED HE DID NOT OBSERVE HIM PLACE IT IN THE BAG HIMSELF, BUT DID OBSERVE IT ON THE STORE SURVEILLANCE CAMERA. THE COMPLAINANT ADVISED the TWO THEN MADE THEIR WAY to the FRONT OF the STORE WITH NOTHING ELSE INSIDE THEIR SHOPPING CARTS. THE MALE SUBJECT HAD AN EMPTY SHOPPING CART AND THE FEMALE HAD THE SHOPPING CART WITH the DIAPER BAG. THE COMPLAINANT ADVISED that HE WAS STANDING BY THE FRONT DOOR OF THE STORE AND SAW THE TWO SUBJECTS APPROACHING HIM. HE ADVISED THAT WHEN the PAIR SAW HIM, THEY IMMEDIATELY TURNED AROUND AND WALKED TO AISLE FOUR WHICH IS THE BABY AISLE. THE COMPLAINANT ADVISED THE SUBJECTS SELECTED TWO CANS OF ENFAMIL FORMULA TOTALING $33.38 AND PROCEEDED TO THE REGISTER TO CHECK OUT. HE STATED THE SUBJECTS USED THEIR ââWICââ CARD WITH ACCOUNT NUMBER 6102960001684884 TO PURCHASE THE FORMULA, THEN PROCEEDED TOWARD THE FRONT OF THE STORE PASSING ALL POINTS OF SALE AND EXITED THE STORE. THE COMPLAINANT ADVISED THAT HE NOTICED THE DIAPER BAG TO BE ZIPPED UP AND TO HAVE A VERY LARGE BULGE IN IT. HE ADVISED HE WALKED OUT OF THE STORE AND OBSERVED the MALE AND FEMALE SUBJECT GET IN A BLACK JEEP WITH WOOD ON THE ROOF, AND HEAD EASTBOUND ON MAIN STREET. I VIEWED THE VIDEO SURVEILLANCE FOOTAGE AND VERIFIED THE ABOVE INFORMATION WAS TRUE. I COLLECTED TWO VIDEO SURVEILLANCE DVDâS FROM THE COMPLAINANT, WHICH WAS LATER TURNED IN TO EVIDENCE. THE COMPLAINANT COMPLETED A SWORN WRITTEN STATEMENT AND PROVIDED A PRINTOUT OF THE ââWICââ RECEIPT, WHICH WAS TURNED INTO RECORDS. I TOOK TWO PICTURES, ONE OF THE MALE SUBJECT AND ONE OF THE FEMALE SUBJECT, WHICH WERE TURNED IN RECORDS. A LICENSE PLATE CHECK WAS CONDUCTED WITH THE INFORMATION PROVIDED BY THE COMPLAINANT, THROUGH ââDAVIDââ AND FOUND the JEEP WAS REGISTERED TO THE DEFENDANT MR TROY LOVETT. WHILE IN ââDAVIDââ I OBSERVED TROY LOVETTâS PICTURE AND CONFIRMED THAT WAS INDEED THE MALE SUBJECT WHO HAD COMMITTED THE THEFT. I RESEARCHED DEFENDANT LOVETT IN AEGIS AND FOUND A DOMESTIC BATTERY THAT occurred IN APRIL 2015 WITH THE VICTIM IDENTIFIED AS MS AUTUMN CHISHOLM WITH AN ADDRESS OFF EAST GOBBLER COURT, FLORAL CITY. I THEN RAN DEFENDANT CHISHOLM THROUGH ââDAVIDââ AND VIEWED HER PICTURE AND CONFIRMED THAT WAS INDEED HER that WAS IN PUBLIX WITH DEFENDANT LOVETT AND COMMITTED THE THEFT AS WELL. I TRAVELED TO THE ADDRESS OFF EAST GOBBLER COURT IN FLORAL CITY WHERE NO ONE WAS HOME. I SPOKE WITH A FEMALE SUBJECT WHO PULLED UP IN A TRUCK AND I ASKED HER IF SHE KNEW EITHER ONE OF the DEFENDANTS. THE FEMALE ADVISED THEY WERE STAYING WITH MR CHRIS BEEMAN ON ââTHE ISLANDââ. ââTHE ISLANDââ IS A SLANG TERM USED FOR IDENTIFYING THE WITHALAPOPKA TRAILS END AREA OF FLORAL CITY. I RESEARCHED MR BEEMAN IN AEGIS AND FOUND AN ADDRESS OF 5723 SOUTH LIVE OAK DRIVE, FLORAL CITY, WHICH IS OFF WITHALAPOPKA. I RESPONDED TO THAT ADDRESS AND AS I WAS PULLING UP TO THE RESIDENCE, I OBSERVED DEFENDANT LOVETT STANDING IN the YARD TAKING WOOD OFF THE TOP OF HIS BLACK JEEP. CONTACT WAS MADE WITH DEFENDANT LOVETT. I ASKED HIM TO PLACE HIS HANDS BEHIND HIS BACK BECAUSE HE WAS BEING DETAINED AT THIS POINT. DEFENDANT LOVETT WAS READ MIRANDA AT APPROXIMATELY 1529 HOURS, VIA PREPRINTED AGENCY CARD and ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE DID. I THEN ASKED HIM IF HE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH HE ADVISED THAT HE WOULD. I ASKED HIM ABOUT THE THEFT AT PUBLIX. DEFENDANT LOVETT STATED HE DID NOT UNDERSTAND WHAT I WAS TALKING ABOUT AND THAT HE HAD THROWN THE MEAT ON A SHELF PRIOR TO EXITING THE STORE. I THEN OBSERVED DEFENDANT CHISHOLM WALK OUTSIDE OF THE RESIDENCE AND ASK WHY DEFENDANT LOVETT WAS IN HANDCUFFS. I ASKED DEFENDANT CHISHOLM IF SHE MINDED IF I COME INSIDE AND LOOK IN HER REFRIGERATOR. AFTER THINKING FOR A FEW MOMENTS DEFENDANT CHISHOLM ASKED THAT I COME IN. INSIDE THE REFRIGERATOR I LOCATED SOUP AND SEALED PACKAGES OF WHOLE BEEF TENDERLOIN FILET MIGNON MATCHING THE DESCRIPTION OF THOSE TAKEN FROM PUBLIX. AT that TIME I DETAINED DEFENDANT CHISHOLM, PLACED HER IN HANDCUFFS, AND SECURED HER IN THE REAR OF MY PATROL VEHICLE. I ASKED DEFENDANT LOVETT WHY HE HAD TAKEN THE MEAT FROM PUBLIX. DEFENDANT LOVETT STATED ââBECAUSE I AM A DUMBASS, THAT IS WHY. I HAD A GUY LINED UP TO BUY THEM FOR $100.00.ââ I THEN TOLD DEFENDANT LOVETT HE WAS BEING PLACED UNDER ARREST FOR RETAIL THEFT AND HE WAS SECURED IN THE REAR OF DETECTIVE LAUGHLINâS (0617) PATROL VEHICLE. I SPOKE WITH DEFENDANT CHISHOLM AND READ HER MIRANDA RIGHTS AT 1551 HOURS VIA PREPRINTED AGENCY CARD and ASKED IF SHE UNDERSTOOD HER RIGHTS, TO WHICH SHE REPLIED THAT SHE DID. I THEN ASKED HER IF SHE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH SHE ADVISED THAT SHE WOULD. I ASKED DEFENDANT CHISHOLM TO TELL ME WHY THEY HAD TAKEN THE MEAT FROM PUBLIX. DEFENDANT CHISHOLM STATED that IT WAS NOT HER IDEA TO STEAL THE MEAT, IT WAS DEFENDANT LOVETTâS AND THAT HE MADE HER PUSH THE CART WITH THE MEAT IN the DIAPER BAG. DEFENDANT CHISHOLM STATED SHE TOLD DEFENDANT LOVETT, WHILE WALKING AROUND THE STORE, THAT STEALING THE MEAT WAS NOT A GOOD IDEA; HOWEVER, THEY DID IT ANYWAY. I ADVISED DEFENDANT CHISHOLM AT THAT SHE WAS PLACED UNDER ARREST FOR RETAIL THEFT. SHE STATED SHE UNDERSTOOD. I TRANSPORTED DEFENDANT CHISHOLM TO CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. DETECTIVE LAUGHLIN TRANSPORTED DEFENDANT LOVETT TO CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. ON THE WAY TO CITRUS COUNTY DETENTION FACILITY, DETECTIVE LAUGHLIN STOPPED AT PUBLIX TO RETURN THE MEAT. DEPUTY LAUGHLIN ALSO COMPLETED A PROPERTY RECEIPT, WHICH WAS TURNED IN TO RECORDS. THE DEFENDANTâS BOND WAS SET AT $1,000.00 PER THE BOND SCHEDULE. |
