| Probable cause affidavit: |
SUBMITTED BY: BONURA, MATT 0334 (AR08104732) did, knowing HIS driver's license or driving privilege had been cancelled, suspended or revoked HABITUALLY, drive a motor vehicle upon the highways of this state while such license or privilege was cancelled, in violation of Florida Statute 322.34(5); AND DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF DOLLAR GENERAL, LOWES, AND BEALLS DEPARTMENT STORE, TO WIT: NUMEROUS MISCELLANEOUS MERCHANDISE ITEMS, CARRYING AWAY SAID MERCHANDISE, WITH INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE THESE MERCHANTS 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 081608 AT APPROXIMATELY 1900 HOURS, WHILE TRAVELING SOUTHBOUND ON US HIGHWAY 19 IN THE AREA OF CRYSTAL RIVER, I OBSERVED A WHITE CADILLAC FOUR-DOOR TRAVELING SOUTHBOUND AS WELL WITH AN EXPIRED TAG. AT THAT TIME, I RAN THE TAG THROUGH FCIC/NCIC, WHICH REVEALED IT TO BE EXPIRED AS OF OCTOBER, 2007. THE VEHICLE PULLED INTO THE PARKING LOT OF 49 NORTHWEST HIGHWAY 19, the BINGO HALL IN CRYSTAL RIVER. BOTH DRIVER AND PASSENGER EXITED THE VEHICLE and BEGAN TO WALK AWAY FROM IT. AT THAT TIME, I EXITED MY PATROL VEHICLE and INFORMED THE DRIVER THAT I WAS CONDUCTING A TRAFFIC STOP AND ASKED HIM TO STEP OVER TO ME. AT THAT TIME, THE DRIVER, IDENTIFIED AS BILLY WILLIAMS, INFORMED ME THAT HIS DRIVER'S LICENSE WAS SUSPENDED FOR HABITUAL AND THAT HE HAD JUST BEEN ARRESTED IN TALLAHASSEE FOR DRIVING ON A HABITUALLY SUSPENDED DRIVER' S LICENSE. AT THAT TIME I ASKED THE DEFENDANT IF HE HAD ANY FORM OF IDENTIFICATION ON HIM, TO WHICH HE STATED HE DID NOT. AT THAT TIME I INFORMED THE DEFENDANT I would BE DETAINING HIM. I HAD THE DEFENDANT PLACE BOTH HANDS BEHIND HIS BACK, WHERE HE WAS HANDCUFFED, DOUBLE-LOCKED. AS I WAS WALKING HIM OVER TO MY PATROL VEHICLE, THE DEFENDANT HAD YELLED TO HIS PASSENGER, IDENTIFIED AS MICHELLE HICKEY. AS MS HICKEY WALKED OVER TO ME, I ASKED HER IF SHE HAD ANY FORM OF IDENTIFICATION ON HER, TO WHICH SHE STATED THAT SHE DID HAVE A GEORGIA IDENTIFICATION CARD. AT THAT TIME I HAD HER OBTAIN THAT IDENTIFICATION FOR MYSELF WHILE SECURED THE DEFENDANT IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT THEN INFORMED ME THAT HE WAS A REGISTERED SEX OFFENDER OUT OF GEORGIA. I ASKED HIM IF HE HAD REGISTERED IN FLORIDA. HE HAD STATED THAT HE HAD, IN TALLAHASSEE. THE DEFENDANT ALSO INFORMED ME THAT HE HAD A WARRANT OUT OF GEORGIA WHICH WAS NON-EXTRADITABLE. AT THAT TIME I ran A CHECK THROUGH FCIC/NCIC ON THE DEFENDANT WHICH REVEALED HIM TO HAVE NUMEROUS SUSPENSIONs FOR DRIVING UNDER THE INFLUENCE, DRIVING WHILE LICENSE SUSPENDED, and FAILURE TO PAY TRAFFIC FINES. I THEN INFORMED THE DEFENDANT THAT HE WOULD BE PLACED UNDER ARREST FOR DRIVING ON A HABITUALly SUSPENDED DRIVER'S LICENSE. I ASKED THE DEFENDANT IF HE HAD SEXUAL OFFENDER PAPERWORK TO SHOW PROOF THAT HE HAD REGISTERED IN THE STATE OF FLORIDA. HE ADVISED me THAT the papers WERE IN THE TRUNK OF HIS VEHICLE. I THEN ASKED THE DEFENDANT IF I COULD GO RETRIEVE THEM, TO WHICH HE STATED I COULD. WHILE IN THE TRUNK OF the VEHICLE, I HAD NOTICED THAT THERE WERE NUMEROUS ITEMS OF MERCHANDISE UNOPENED AND IN PACKAGES. THE WITNESS, ms HICKEY, WHO WAS STANDING ON THE STORE'S SIDEWALK IN FRONT OF the VEHICLE, WAS ASKED ABOUT THE MERCHANDISE INSIDE THE TRUNK. SHE ADVISED THAT IT WAS STOLEN FROM SEVERAL STORES. SOME, SHE STATED, WAs STOLEN FROM the DOLLAR GENERAL, from BEALL'S DEPARTMENT STORE, from A CONVENIENCE STORE, AND from LOWE'S. AT THAT TIME, THE WITNESS INFORMED ME THAT THEy BOTH HAD NO JOB and NO MEANS of INCOME, SO THEY WOULD STEAL FROM THESE STORES TO HUSTLE MONEY FROM PEOPLE OR TO RETURN THE STOLEN MERCHANDISE TO DIFFERENT STORES FOR CASH. AT THAT TIME, I CONDUCTED A SEARCH TO THE INTERIOR OF THE DEFENDANT'S VEHICLE, WHICH RESULTED IN DISCOVERING MORE MERCHANDISE, for example, SUNGLASSES, THAT THE WITNESS STATED WERE TAKEN FROM A CONVENIENCE STORE. AT THAT TIME, SERGEANT GLAZE AND DEPUTY RITLI ARRIVED ON SCENE. DEPUTY RITLI WAS ABLE TO MAKE CONTACT WITH THE DOLLAR GENERAL STORE IN PERRY, WHERE THE WITNESS ADVISED THAT MERCHANDISE had been STOLEN FROM. DEPUTY RITLI SPOKE WITH A PAT CREASON, WHO ADVISED THAT THEY would WISH TO PURSUE CHARGES IN REGARD TO BOTH PARTIES BEING IN POSSESSION OF THEIR MERCHANDISE. AT THAT TIME I HAD READ THE WITNESS, MS HICKEY, HER MIRANDA WARNING VIA A PREPRINTED CARD AND HAD ASKED HER IF SHE WISHED TO FILL OUT A WRITTEN STATEMENT for me. SHE ADVISED THAT SHE WOULD. MS HICKEY'S STATEMENT WILL BE TURNED IN TO RECORDS LATER ON THIS DATE. ALL STOLEN MERCHANDISE WAS COLLECTED AND WILL BE TURNED IN TO EVIDENCE LATER ON THIS DATE. SERGEANT GLAZE MADE CONTACT WITH THE STATE ATTORNEY'S OFFICE AND INFORMED STATE ATTORNEY JUILA METZ OF THE CIRCUMSTANCES. SHE ADVISED TO CHARGE BOTH PARTIES with RETAIL THEFT. I THEN ASKED MS HICKEY IF SHE HAD EVER BEEN ARRESTED FOR RETAIL THEFT. SHE STATED THAT sHE HAD, MANY TIMES, AND THAT SHE CURRENTLY HAS A COURT DATE IN TALLAHASSEE FOR RETAIL THEFT ON THE 24TH OF THIS MONTH. I ASKED HER IF SHE is EVER GOING TO STOP STEALING. SHE ADVISED THAT THIS IS HOW SHE AND THE DEFENDANT SURVIVE. SHE ADVISED THAT SHE STEALS THE STUFF AND HE RETURNS IT TO RECEIVE THE CASH. I INFORMED MS HICKEY THAT SHE WOULD BE PLACED UNDER ARREST FOR RETAIL THEFT. AT that TIME I HAD MS HICKEY STAY IN DEPUTY LABELLE'S CUSTODY WHILE I TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY. WHILE EN ROUTE, I HAD READ THE DEFENDANT HIS MIRANDA WARNINGS VIA A PREPRINTED CARD. HE STATED THAT HE WOULD SPEAK TO ME IN REGARDS TO THIS INCIDENT. HE ADVISED THAT HE WAS AWARE OF THE STOLEN ITEMS INSIDE THE VEHICLE AND HAD TAKEN PArT IN THE THEFT OF THEM. HE FURTHER ADVISED ME that HE HAS A CRACK PROBLEM AND THAT IS HOW THEY OBTAIN THEIR NARCOTICS. DEPUTY LABELLE REMAINED ON SCENE UNTIL THE DEFENDANT'S VEHICLE WAS TOWED BY ALL PRESTIGE towing. deputy LABELLE THEN TRANSPORTED MS HICKEY TO THE CITRUS COUNTY DETENTION FACILITY, WHERE UPON ARRIVAL DEFENDANT ONE WAS CHARGED WITH DRIVING ON A SUSPENDED DRIVER'S LICENSE, HABITUALLY, AND RETAIL THEFT and he WAS GIVEN A BOND OF $10,250.00. DEFENDANT TWO WAS CHARGED WITH ONE COUNT OF RETAIL THEFT SECOND OR MORE OFFENSE, WITH A $500.00 BOND. *NOT-EXEMPT* |
