| Probable cause affidavit: |
\tSUBMITTED BY: MARSHALL, EVAN 1336 (AR16-18788) (16-39715) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WAL-MART, TO WIT: MISCELLANEOUS EASTER ITEMS, FOOD ITEMS, FISHING EQUIPMENT AND TOYS, BY 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 LESS THAN $300.00, IN VIOLATION OF FLORIDA STATE STATUTES 812.015, 812.014(1), AND 812.014(3)(A). \tON 032416, I RESPONDED TO 2461 EAST GULF TO LAKE IN INVERNESS, THE WAL-MART SUPERCENTER, IN REFERENCE TO A RETAIL THEFT. \t \tUPON ARRIVAL, I SPOKE with THE COMPLAINANT, MR JOSEPH COMPOSTELLA, WHO STATED THAT HE HAD OBSERVED THE DEFENDANTS, MS BRITTANY BURKS AND MR ELI BURKS, TO BE ACTING SUSPICIOUS IN the STORE. THE COMPLAINANT STATED HE OBSERVED BOTH PARTIES TO SELECT MULTIPLE ITEMS AND PLACE THEM IN THE SHOPPING BASKET. the COMPLAINANT INFORMED ME that HE HAD OBSERVED BOTH DEFENDANTS PROCEED TO THE SELF CHECKOUT AND BOTH DEFENDANTS BEGAN SCANNING ITEMS; HOWEVER, DID NOT SCAN HALF OF THE ITEMS, AND PLACED THEM IN BAGS AND THEN BACK IN the SHOPPING BASKET. the COMPLAINANT ADVISED THAT THE DEFENDANTS PAID FOR $240.17 WORTH OF GROCERIES; HOWEVER, DID NOT SCAN OR PAY FOR $187.20 OF EASTER ITEMS, FOOD ITEMS, FISHING EQUIPMENT, AND TOYS. the COMPLAINANT THEN STATED THE DEFENDANTS BAGGED UP THE ITEMS AND PLACED THEM IN THE SHOPPING BASKET AND PROCEEDED TO PASS ALL POINTS OF SELL ATTEMPTING TO EXIT THE STORE. \t \tAT that TIME, THE COMPLAINANT ADVISED ME HE MADE CONTACT WITH THE DEFENDANTS AND ASKED THEM TO STOP AND THAT they WERE BEING DETAINED DUE TO STEALING ITEMS. the COMPLAINANT ADVISED ME AT THAT TIME, HE CALLED THE CITRUS COUNTY SHERIFF'S OFFICE. \t \tDEPUTY HUNTER AND I ARRIVED ON SCENE. DEPUTY HUNTER READ the DEFENDANTS MIRANDA AT 1835 HOURS AND BOTH SAID THEY UNDERSTOOD THEIR RIGHTS and WISHED TO SPEAK WITH DEPUTY HUNTER AND I. \t \tWHILE WE WERE MAKING CONTACT WITH BOTH DEFENDANTS THEY BOTH STATED THEY DID NOT MEAN TO STEAL THE ITEMS AND IT WAS AN ACCIDENT. I PATTED DOWN MR ELI BURKS AND INFORMED HIM HE WAS UNDER ARREST, AT WHICH TIME I LOCATED A SILVER FIREARM WITH WHITE HANDLES AND IT APPEARED TO HAVE AN ALTERED SERIAL NUMBER. LATER WHEN THE GUN WAS RAN THROUGH TELETYPE IT WAS FOUND TO BE STOLEN (CASE NUMBER 12-304971). \t \tBOTH DEFENDANTS WERE HANDCUFFED AND PLACED IN THE REAR OF MY PATROL VEHICLE. \t \tI THEN WENT BACK INSIDE WAL-MART AND VIEWED THE VIDEO WHERE IT WAS VERY CLEAR THAT BOTH DEFENDANTS HAD NOT ATTEMPTED TO SCAN THE ITEMS. \t \tI COLLECTED A WRITTEN STATEMENT FROM the COMPLAINANT, AS WELL AS TWO RECEIPTS; ONE FOR THE ITEMS PAID FOR AND ONE FOR THE ITEMS NOT PAID FOR, AS WELL AS A VIDEO SURVEILLANCE DVD. ALL PAPER WORK WAS TURNED INTO RECORDS AND THE DVD AND the FIREARM WERE TURNED INTO EVIDENCE. \t \tBOTH DEFENDANTS WERE THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. \t \tDEFENDANT BRITTANY BURKS WAS CHARGED WITH ONE COUNT OF RETAIL PETIT THEFT WHERE HER BOND WAS SET AT $1,000.00 PER THE BOND SCHEDULE. |
