| Probable cause affidavit: |
SUBMITTED BY: STOKES, ERIC 0736 (AR14-9935) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF THE WALMART STORE IN LECANTO, FLORIDA, TO WIT: A SAMSUNG GALAXY S3 CELLULAR TELEPHONE, CARRYING AWAY THE SAID MERCHANDISE, 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 041714, I RESPONDED TO THE LECANTO WALMART LOCATED AT 1936 NORTH LECANTO HIGHWAY, IN REFERENCE TO A THEFT THAT HAD ALREADY OCCURRED. WHEN I ARRIVED, I MADE CONTACT WITH LOSS PREVENTION OFFICER, MR BRIAN HENRY. HE ADVISED THAT ON 041214, HE WAS NOTIFIED THAT A SPIDER WIRE HAD BEEN CUT WHICH NOTIFIED AN EMPLOYEE IN THE ELECTRONICS DEPARTMENT. SPIDER WIRE IS A TOOL COMMONLY USED BY LOSS PREVENTION. IT HAS FOUR BLACK CABLES THAT SECURE THE PACKAGE CONTAINING AN ELECTRONIC DEVICE, AND NOTIFIES LOSS PREVENTION WHEN THE PACKAGE HAS BEEN TAMPERED WITH. OFFICER HENRY ADVISED THAT HE REVIEWED THE VIDEO SURVEILLANCE A SHORT TIME LATER. AT THAT TIME, HE OBSERVED A WHITE MALE SUBJECT, LATER IDENTIFIED AS THE DEFENDANT, MR. BRIAN TREACY, ENTER THE STORE. THE DEFENDANT WALKED TO THE ELECTRONICS DEPARTMENT AND SELECTED A SAMSUNG GALAXY S3 CELLULAR TELEPHONE. THE DEFENDANT THEN BEGAN WALKING TOWARDS THE DVD SECTION, AND WHILE IN THE DVD SECTION, HE CAN BE SEEN TAMPERING WITH THE PACKAGE. THIS IS THE SAME AREA WHERE THE CUT SPIDER WIRE WAS RECOVERED. AT THAT TIME, THE DEFENDANT WALKED OVER TO THE SHOE DEPARTMENT AND REMOVED THE CELLULAR TELEPHONE FROM ITS PACKAGE. THE PACKAGE WAS LATER RECOVERED IN THE SHOE DEPARTMENT. THE DEFENDANT IS THEN SEEN PASSING ALL POINTS OF SALE WITH NO ATTEMPT TO PAY FOR THE MERCHANDISE HE TOOK AND EXIT THE STORE. THE DEFENDANT IS SEEN LIFTING A CELLULAR TELEPHONE TO HIS HEAD AS THOUGH HE IS SPEAKING ON IT AS HE LEFT THE STORE. THE TELEPHONE APPEARS TO BE THE SAME ONE THAT WAS REMOVED FROM THE STORE. OFFICER HENRY THEN ADVISED THAT ON 041614, HE WENT TO THE INVERNESS WALMART STORE. WHILE THERE, HE REVIEWED THE VIDEO SURVEILLANCE OF A THEFT THAT WAS COMMITTED BY THE DEFENDANT ON 041214. THE DEFENDANT WAS SUBSEQUENTLY ARRESTED ON 041214 IN REFERENCE TO THAT THEFT. SEE CASE 2014-50548 FOR FURTHER. OFFICER HENRY FURTHER ADVISED THAT IN THE VIDEO, THE DEFENDANT IS SEEN WEARING BROWN BOOTS, BLUE JEANS, A BLUE HAT AND A TEE- SHIRT. HE ADVISED THIS MATCHED THE VIDEO IMAGES PERTAINING TO THE THEFT AT HIS STORE. OFFICER HENRY STATED THAT HE THEN MADE CONTACT WITH HIS MANAGER AT HIS STORE, WHO WAS ABLE TO SEND OVER PHOTOGRAPHS OF THE THEFT. AT THAT TIME, THE DEFENDANT WAS POSITIVELY IDENTIFIED BY LOSS PREVENTION OFFICERS BRIAN HENRY AND JOE COMPOSTELLA. IN THE THEFT AT THE LECANTO WALMART, THE DEFENDANT APPEARS TO BE WEARING A BLUE TEE-SHIRT. AT THE THEFT AT THE INVERNESS WALMART, THE DEFENDANT APPEARS TO BE WEARING A GRAY TEE-SHIRT. IT IS NOT KNOWN IF THE DEFENDANT CHANGED TEE-SHIRTS, OR IF THERE IS A DIFFERENCE IN COLOR AND LIGHTING IN THE TWO SURVEILLANCE SYSTEMS. I THEN MADE CONTACT WITH DEPUTY LABORDA (0735) AND HAD HIM RESPOND TO THE DEFENDANTâS HOME ADDRESS AT 2507 BLUEGRASS STREET IN INVERNESS. DEPUTY LABORDA WAS ABLE TO MAKE CONTACT WITH THE DEFENDANT AND READ HIM HIS MIRANDA RIGHTS. DEPUTY LABORDA ALSO HAD THE DEFENDANT COMPLETE A SWORN WRITTEN STATEMENT, WHICH WAS LATER TURNED IN TO RECORDS. THE DEFENDANT WAS THEN PLACED UNDER ARREST IN REFERENCE TO THE ABOVE LISTED CHARGES, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL, THE DEFENDANT WAS TURNED OVER TO DETENTION STAFF AND HIS BOND WAS SET AT $2,000.00. BOTH LOSS PREVENTION OFFICERS COMPLETED SWORN WRITTEN STATEMENTS WHICH WERE LATER TURNED IN TO RECORDS. THE SURVEILLANCE DVD COPY WAS TURNED IN TO EVIDENCE. |
