| Probable cause affidavit: |
SUBMITTED BY: AGUILERA, EMANUEL 1238 (AR15-17604) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WAL-MART, TO WIT: MISCELLANEOUS ITEMS TOTALING $416.44, 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 MORE THAN $300.00, IN VIOLATION OF FLORIDA STATE STATUTE 812.015(8). ON 121415 AT APPROXIMATELY 1640 HOURS, I WAS DISPATCHED TO WAL-MART LOCATED AT 1936 NORTH LECANTO HIGHWAY, IN LECANTO, IN REFERENCE TO A THEFT THAT HAD JUST OCCURRED WHERE THE SUSPECT LEFT IN A BLACK FORD EXPLORER, BEARING LICENSE PLATE DCWM78. UPON ARRIVAL, I MADE CONTACT WITH THE LOSS PREVENTION OFFICER/COMPLAINANT, MR PATRICK HENRY, WHO ADVISED ME THAT ON TODAY'S DATE A WHITE FEMALE WEARING A PINK SWEATER WAS IN THE STORE DISPLAYING SUSPICIOUS BEHAVIOR. THE COMPLAINANT ADVISED THAT THE FEMALE, LATER IDENTIFIED AS THE DEFENDANT, MS BRANDICE CANNON, WAS SELECTING DVDS AND HE THEN OBSERVED HER CONCEAL THE DVDS INSIDE A PURSE WHILE IN THE TOY DEPARTMENT. THE COMPLAINANT CONTINUED TO OBSERVE THE DEFENDANT, WHERE SHE APPROACHED THE JEWELRY ASSOCIATE AND REQUESTED TO HAVE TWO PAIRS OF EARRINGS TAKEN TO REGISTER TWELVE. AT THAT TIME, THE COMPLAINANT HEARD THE FEMALE STATE TO THE JEWELRY ASSOCIATE THAT HER NAME WAS BRANDI. THE DEFENDANT THEN WENT TO THE END OF THE LADY'S APPAREL AND TOOK SEVERAL ITEMS FROM THE CART THAT SHE WAS PUSHING AND PLACED THE ITEMS INTO A SECOND CART. THE DEFENDANT LEFT A BASKETBALL GOAL, A GAMING CHAIR, A MASSAGE CUSHION, AND OTHER MISCELLANEOUS ITEMS INSIDE THE ORIGINAL CART. SHE THEN WENT TO THE SELF CHECK OUT AND PAID FOR SEVERAL ITEMS, BUT SHE DID NOT PAY FOR THE DVDS THAT THE COMPLAINANT SAW HER CONCEAL INSIDE OF HER PURSE. THE DEFENDANT THEN WENT TO REGISTER TWELVE AND PAID FOR THE EARRINGS THAT SHE HAD REQUESTED TO BE TAKEN TO THE REGISTER. THE DEFENDANT STILL DID NOT PAY FOR THE DVDS THAT WERE CONCEALED INSIDE OF HER PURSE. THE DEFENDANT THEN WENT BACK TO THE ORIGINAL CART WHICH HAD THE GAMING CHAIR, THE MASSAGE CUSHION, THE BASKETBALL GOAL, AND SEVERAL OTHER MISCELLANEOUS ITEMS THAT SHE NEVER PAID FOR, AT WHICH TIME SHE PLACED THE ITEMS THAT SHE HAD JUST PAID FOR INSIDE THE ORIGINAL CART ALSO. THE DEFENDANT THEN PUSHED THE CART WITH ALL OF THE ITEMS OUT OF THE STORE, PASSING ALL POINTS OF SALE. AT THAT TIME, THE COMPLAINANT APPROACHED THE DEFENDANT AND ADVISED HER THAT HE OBSERVED HER STEALING SEVERAL ITEMS. HE THEN ASKED TO SEE THE RECEIPT FOR THE ITEMS, TO WHICH THE DEFENDANT COULD NOT PROVIDE A RECEIPT FOR SEVERAL OF THE ITEMS INSIDE THE CART, WHICH TOTALED $416.44 IN STOLEN ITEMS. THE COMPLAINANT ADVISED THE DEFENDANT THAT SHE NEEDED TO COME TO THE LOSS PREVENTION OFFICE WITH HIM, AT WHICH TIME SHE LEFT THE CART AT THE FRONT OF THE STORE WITH ALL OF THE STOLEN ITEMS, ALONG WITH HER PURSE AND THE ITEMS THAT SHE HAD PAID FOR. THE DEFENDANT THEN WALKED OUT TO THE BLACK FORD EXPLORER, BEARING LICENSE PLATE DCWM78, AND SPED OFF OUT OF THE PARKING LOT. THE COMPLAINANT FURTHER ADVISED ME THAT MINUTES PRIOR TO MY ARRIVAL, THE DEFENDANT CALLED AND STATED THAT SHE WAS SORRY SHE ATTEMPTED TO STEAL THE ITEMS, SHE WAS GOING THROUGH A ROUGH TIME, IT WOULD NEVER HAPPEN AGAIN, AND SHE WOULD NEVER COME BACK TO THE STORE. I THEN ASKED THE COMPLAINANT IF HE OBTAINED THE PHONE NUMBER THAT THE DEFENDANT CALLED FROM, WHERE HE PROVIDED ME WITH THE TELEPHONE NUMBER. PRIOR TO MY ARRIVAL, I RAN THE LICENSE PLATE INFORMATION THAT I HAD RECEIVED, WHICH CAME BACK TO MS BRANDICE CANNON (DEFENDANT). I WAS ABLE TO OBTAIN A PHOTOGRAPH OF HER PRIOR TO MY ARRIVAL. I ASKED THE COMPLAINANT TO SHOW ME THE VIDEO SURVEILLANCE OF THE FEMALE ATTEMPTING TO PASS ALL POINTS OF SALE WITHOUT ATTEMPTING TO PAY FOR THE ITEMS. WHEN THE COMPLAINANT SHOWED ME THE VIDEO, I WAS ABLE TO POSITIVELY IDENTIFY THE DEFENDANT AS MS BRANDICE CANNON. I THEN CALLED THE DEFENDANT, VIA TELEPHONE. WHILE SPEAKING WITH HER SHE WAS HYSTERICAL AND ADVISED THAT SHE WAS SORRY, SHE WAS NOT THINKING AND HAD NO INTENTIONS OF ACTUALLY STEALING THE ITEMS, AND SHE WAS GOING THROUGH A ROUGH TIME. I ASKED THE DEFENDANT TO RESPOND BACK TO WAL-MART AND SPEAK TO ME, TO WHICH SHE AGREED. UPON THE DEFENDANT'S RETURN TO WAL-MART, I READ HER MIRANDA RIGHTS, VIA AN AGENCY ISSUED PREPRINTED MIRANDA CARD, TO WHICH SHE ADVISED SHE WOULD SPEAK TO ME. I ASKED THE DEFENDANT WHAT OCCURRED AND SHE ADVISED THAT SHE WAS GOING THROUGH A ROUGH TIME, HER HUSBAND HAD JUST PASSED AWAY, SHE HAD NO MONEY FOR CHRISTMAS, AND SHE HAD THREE CHILDREN. THE DEFENDANT ADVISED ME SHE DID NOT HAVE ANY INTENTIONS OF STEALING THE ITEMS. I ASKED HER IF SHE HAD ENOUGH MONEY TO PAY FOR THE ITEMS, TO WHICH SHE ADVISED ME SHE DID NOT. AT THAT TIME, I ADVISED THE DEFENDANT THAT SHE WAS BEING PLACED UNDER ARREST FOR FELONY RETAIL THEFT. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED), SEARCHED, AND PLACED IN THE REAR OF MY PATROL VEHICLE. THE PROPERTY WAS RETURNED TO WAL-MART. PHOTOGRAPHS WERE TAKEN OF THE STOLEN ITEMS. THE COMPLAINANT PROVIDED ME A COPY OF THE RECEIPT, ALONG WITH A SWORN WRITTEN STATEMENT, WHICH WAS TURNED IN TO RECORDS. PER THE DEFENDANT'S REQUEST, THE ITEMS THAT SHE PAID FOR WERE LEFT AT WAL-MART FOR HER AUNT TO PICK UP. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING, WITH A BOND SET AT $2,000.00 PER THE BOND SCHEDULE. |
