| Probable cause affidavit: |
SUBMITTED BY: FERGUSON, ADAM 0505 (AR11121677) DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, BEALLS DEPARTMENT STORE, TO WIT: A PAIR OF SKECHERS TENNIS SHOES, VALUED AT $75.00 AND A COLUMBIA BASEBALL HAT VALUED AT $20.00, WITH THE INTENT TO EITHER TEMPORARILY OR PERMANENTLY DEPRIVE THE VICTIM OF A RIGHT TO THE PROPERTY OR A BENEFIT THEREOF, OR DID APPROPRIATE THE SAID PROPERTY TO HIS OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, IN VIOLATION OF FLORIDA STATE STATUTES 812.014(1) and 812.014(3)(a). ON 071111 I RESPONDED TO THE BEALLS DEPARTMENT STORE IN REFERENCE TO A SHOPLIFTER ALREADY IN CUSTODY. UPON ARRIVAL I MADE CONTACT WITH LOSS PREVENTION OFFICER CHAD WHIRER, WHO ADVISED THAT AT APPROXIMATELY 1417 HOURS HE OBSERVED THE DEFENDANT, LATER IDENTIFIED AS CALVIN BARTON; ENTER THE STORE THROUGH HIS CLOSE CIRCUIT TELEVISION SURVEILLANCE SYSTEM. HE ADVISED HE OBSERVED THE DEFENDANT SELECT A TAN PERFORMANCE FISHING GEAR HAT, WALK TO THE SHOE DEPARTMENT WHERE HE REMOVED THE PRICE TAG, PLACED THE HAT ON HIS HEAD AND DISCARDED THE HAT HE WORE INTO THE STORE. HE THEN SELECTED A PAIR OF SKECHERS SHOES, REMOVED THE TAGS, PLACED THE TAGS ON the SHOES HE WORE INTO THE STORE AND THEN LEAVE THE STORE, PASSING ALL POINTS OF PURCHASE WITH BOTH THE HAT AND THE SHOES THAT HE REMOVED, WITHOUT PAYING FOR THE MERCHANDISE. HE ADVISED THAT HE THEN STOPPED THE DEFENDANT AND REQUESTED HIM RETURN TO HIS OFFICE and NOTIFIED THIS AGENCY. I THEN SPOKE WITH THE DEFENDANT, READ HIM HIS MIRANDA WARNING VIA PRE PRINTED CARD, AT which TIME HE ADVISED HE UNDERSTOOD HIS RIGHTS AND THAT HE WOULD SPEAK WITH ME. INITIALLY HE DENIED ANY WRONG DOING, HOWEVER AFTER REVIEWING the SURVEILLANCE VIDEO, THE DEFENDANT APOLOGIZED FOR STEALING THE HAT and STATED that HE WOULD PAY FOR THE ITEMS THAT HE TOOK. HE WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND THE BACK and SECURED IN the REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. WHILE EN ROUTE THE DEFENDANT ADVISED THAT HE DID IN FACT ENTER THE STORE WITH THE INTENTIONS OF SWAPPING HIS USED SHOES FOR NEW ONES. UPON ARRIVAL AT THE DETENTION FACILITY HE WAS CHARGED WITH ONE COUNT OF PETIT THEFT AND HIS BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. PRIOR TO LEAVING BEALLS DEPARTMENT STORE MR WHIRER ADVISED THAT HE RECOGNIZED THE DEFENDANT FROM A PREVIOUS INCIDENT, WHERE THE DEFENDANT SWAPPED A PAIR OF OLD SHOES FOR A PAIR OF NEW ONES, HOWEVER HE WAS UNABLE TO MAKE AN APPREHENSION BECAUSE AT THE TIME OF THE INCIDENT, WHICH OCCURRED APPROXIMATELY TWO MONTHS PRIOR, HIS POLICY DID NOT ALLOW HIM TO MAKE AN APPREHENSION. A PHOTO OF ALL ITEMS WAS TAKEN and WILL BE TURNED IN TO RECORDS. A COPY OF THE SURVEILLANCE VIDEO WAS BURNED AND TAKEN INTO CUSTODY. MR WHIRER WAS PROVIDED WITH A COPY OF THE PROPERTY RECEIPT and A CASE CARD BEARING THIS CASE NUMBER. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
