Probable cause affidavit: |
SUBMITTED BY: MARSHALL, AIDAN 0453 (AR09108918) UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN, USE OR ENDEAVOR TO TAKE OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO WIT: TWO CARTONS OF CIGARETTES, WITH THE INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE THE VICTIM, A MERCHANT, OF THE POSSESSION, USE, BENEFIT OR FULL RETAIL VALUE OF SAID PROPERTY, SAID PROPERTY BEING OF A VALUE OF LESS THAN $100.00, IN VIOLATION OF FLORIDA STATE STATUTE 812.014(3)(A) AND UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF THE VICTIM, TO-WIT: THE GLASS IN THE FRONT DOOR OF THE BUSINESS, SAID DAMAGE BEING OF A VALUE OF $200.00 OR MORE BUT LESS THAN $1,000.00, IN VIOLATION OF FLORIDA STATUTE AND 806.13(1)(B)(2) ON 050509 AT APPROXIMATELY 2241 HOURS, I WAS DISPATCHED TO THE ISLAND FOOD StORE LOCATED AT 5511 West HOMOSASSA TRAIL IN HOMOSASSA IN REFERENCE TO A POSSIBLE ROBBERY IN PROGRESS. UPON ARRIVAL, I OBSERVED THE FRONT DOOR OF THE BUSINESS TO BE SHATTERED AND SEVERAL PEOPLE OUTSIDE POINTING AT A VEHICLE WHICH WAS PARKED ON THE SOUTH SIDE OF THE BUILDING. THE VEHICLE WAS A GREEN IN COLOR PONTIAC WITH ITS HEADLIGHTS OFF AND MATCHED THE DESCRIPTION PROVIDED TO ME BY DISPATCH AS THE SUSPECT VEHICLE. I COULD SEE THE SILHOUETTE OF THREE PEOPLE OCCUPYING THE VEHICLE. AT THIS TIME, I UnHOLSTERED MY AGENCY ISSUED FIREARM, POINTED IT IN THE DIRECTION OF THE VEHICLE AND VERBALLY ANNOUNCED FOR ALL OCCUPANTS TO SHOW ME THEIR HANDS, EXIT THE VEHICLE, AND GET DOWN ON THE GROUND. ALL OCCUPANTS OF THE VEHICLE COMPLIED WITH MY REQUEST, AT which TIME I WAS INFORMED BY A WITNESS THAT THEY BELIEVED THE SUSPECT WAS STILL INSIDE THE STORE. I RESPONDED INSIDE THE STORE, WHERE I OBSERVED A WHITE MALE, LATER IDENTIFIED AS THE DEFENDANT, mr BRENT MICHAEL COPE, STANDING AT THE COUNTER. DUE TO BOTH OF THE DEFENDANT'S HANDS BEING VISIBLE I HOLSTERED MY FIREARM WITHOUT EVER POINTING IT AT HIM. i ADVISED the defendant TO PLACE HIS HANDS BEHIND HIS BACK, TO WHICH HE COMPLIED. thE defendant WAS HANDCUFFED (DOUBLE LOCKED) behind his back AND ESCORTED TO MY PATROL VEHICLE WERE HE WAS PLACED IN THE REAR SEAT. SEVERAL OTHER UNITS WHO HAD ARRIVED ON SCENE WERE MAKING CONTACT WITH THE OCCUPANTS OF THE VEHICLE AND I RESPONDED BACK INSIDE THE STORE. UPON MAKING CONTACT WITH THE CLERK, SHE ADVISED THAT THE DEFENDANT HAD ENTERED THE STORE AND ASKED HER TO RETRIEVE TWO CARTONS OF CIGARETTES. AFTER THE CLERK SET THE CARTONS OF CIGARETTES ON THE COUNTER, the defendant GRABBED THE TWO CARTONS AND ATTEMPTED TO RUN OUT THE DOOR. WHEN THE CLERK YELLED FOR HIM TO STOP, AN UNKNOWN MALE HELD THE DOOR CLOSED WITH A BROOM, CAUSING THE DEFENDANT TO HIT THE DOOR, SHATTERING THE GLASS. THE DEFENDANT DROPPED THE CARTONS OF CIGARETTES AT THE DOOR AND HEADED TOWARD THE BACK OF THE STORE, ATTEMPTING TO FIND ANOTHER EXIT. THE DEFENDANT WAS ATTEMPTING TO FIND ANOTHER EXIT UNTIL MY ARRIVAL WHEN I MADE CONTACT WITH HIM INSIDE THE STORE. THE CLERK ALSO ADVISED THAT THE DEFENDANT NEVER TOUCHED HER NOR DID HE COMMIT ANY ACT OTHER THAN THE THEFT AND THE DAMAGE TO THE DOOR. I AGAIN MADE CONTACT WITH THE DEFENDANT, WHO WAS SEATED IN THE REAR SEAT OF MY PATROL CAR. THE DEFENDANT WAS READ MIRANDA FROM A PRE-PRINTED CARD, TO WHICH HE ADVISED HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK TO ME. WHEN ASKED WHAT HAD HAPPENED, THE DEFENDANT STATED HE ENTERED THE STORE WITH THE INTENTION OF STEALING CIGARETTES AND WHEN HE ATTEMPTED THE THEFT, HE BECAME LOCKED INSIDE THE STORE UNTIL MY ARRIVAL. THE TWO CARTONS OF CIGARETTES WERE VALUED AT $79.08 AND THE GLASS IN THE FRONT DOOR WAS VALUED AT APPROXIMATELY $900. THE SCENE WAS PHOTOGRAPHED AND ALL WITNESSES PROVIDED SWORN WRITTEN STATEMENTS WHICH WERE LATER TURNED IN TO CITRUS COUNTY SHERIFF'S OFFICE RECORDS DIVISION. ALL OCCUPANTS OF THE VEHICLE WERE TRESPASSED FROM THE PROPERTY AND THE DEFENDANT'S VEHICLE WAS TOWED BY DAVE'S BODY SHOP. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. HIS BOND WAS SET AT $1,000.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |