Probable cause affidavit: |
SUBMITTED BY: CUTLIP, JOSHUA 0721 (12-313350) (AR12-3712) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WALMART, TO WIT: JEWELRY, HYGIENE PRODUCTS, CLOTHING ITEMS, PERFUME GIFT SET, ETC, 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. ON 120512, AT APPROXIMATELY 1510 HOURS, I RESPONDED TO WALMART LOCATED AT 2461 EAST GULF TO LAKE HIGHWAY, INVERNESS IN REFERENCE TO A THEFT THAT HAD JUST OCCURRED. UPON ARRIVAL, I MADE CONTACT INSIDE THE STORE WITH THE COMPLAINANT, MR LARRY GAMBLE, AND LOSS PREVENTION OFFICER, MR JOE COMPOSTELLA. INSIDE THE LOSS PREVENTION OFFICE WAS AN ADULT MALE IDENTIFIED AS MR CHRISTOPHER SCHULER AND AN ADULT FEMALE IDENTIFIED AS MS BEVERLY WHITLOCK. THE IDENTITY OF BOTH DEFENDANTS WAS VERIFIED VIA THEIR FLORIDA IDENTIFICATION CARD AND VERIFIED VIA TELETYPE. I WAS ADVISED BY TELETYPE THAT BOTH SUBJECTS ARE CURRENTLY ON FLORIDA INMATE RELEASE STATUS FOR THE ORIGINAL CHARGE OF SALE, POSSESSION OR MANUFACTURING OF METHAMPHETAMINE. I ASKED BOTH DEFENDANTâS IF THEY HAD ANYTHING FURTHER IN THEIR POCKETS THAT BELONGED TO WALMART, TO WHICH THEY BOTH ADVISED THAT ALL ITEMS WHICH THEY HAD ATTEMPTED TO STEAL HAD BEEN RECOVERED BY THE LOSS PREVENTION OFFICER. THE DEFENDANTS WERE PLACED IN HANDCUFFS, BEHIND THEIR BACKS, (DOUBLE LOCKED) AND INFORMED BY THIS DEPUTY THAT THEY WERE BEING PLACED UNDER ARREST FOR RETAIL PETIT THEFT. I READ THE DEFENDANTS THEIR MIRANDA WARNING VIA AGENCY PREPRINTED CARD. THE DEFENDANTS ADVISED THAT THEY UNDERSTOOD THEIR RIGHTS AND STATED THAT THEY WOULD SPEAK WITH ME AT THIS TIME PERTAINING TO THE THEFT OF MERCHANDISE. BOTH DEFENDANTS WILLINGLY ADMITTED POST MIRANDA TO HAVE STOLEN SEVERAL ITEMS FROM WALMART INCLUDING PERSONAL HYGIENE ITEMS, JEWELRY, CLOTHING AND A PERFUME GIFT SET. THESE ITEMS HAD AN ACCUMULATED VALUE OF APPROXIMATELY $79.67. THE DEFENDANTS STATED THEY WERE IN THE STORE FOR APPROXIMATELY 35-40 MINUTES AND WAS OBSERVED BY LOSS PREVENTION VIA IN-STORE SURVEILLANCE FROM APPROXIMATELY 1420 HOURS TO 1453 HOURS. THE DEFENDANTS STATED THEY REMOVED MERCHANDISE FROM THE SHELVES AND CONCEALED THEM IN DEFENDANT WHITLOCKâS PURSE. SEVERAL OF THE HYGIENE ITEMS WERE CONCEALED BY DEFENDANT SCHULER IN HIS POCKETS. BOTH DEFENDANTS STATED THAT ONCE OBTAINING THE ITEMS, THEY WOULD TRAVEL DOWN THE TOY AISLE, WHERE THEY KNEW THE CAMERAS COULD NOT SEE THEM AND REMOVED THE ITEMS FROM THEIR ORIGINAL PACKAGING AS TO NOT BE BULKY. AT THAT TIME, AFTER SPENDING APPROXIMATELY 40 MINUTES IN WALMART, BOTH DEFENDANTS PROCEEDED TO EXIT WALMART VIA THE FRONT GENERAL MERCHANDISE EXIT AFTER PASSING ALL POINTS OF FINAL SALE WITHOUT ATTEMPTING TO PAY FOR ANY MERCHANDISE. LOSS PREVENTION OFFICER JOE COMPOSTELLA MADE CONTACT WITH THE DEFENDANTS IN THE WALMART PARKING LOT WHERE HE IDENTIFIED HIMSELF AS BEING WITH WALMARTâS LOSS PREVENTION PROGRAM AND REQUESTED BOTH DEFENDANTS TO RETURN TO THE STORE FOR FURTHER QUESTIONING. BOTH DEFENDANTS WERE COOPERATIVE AND DID NOT RESIST AND REMAINED IN THE LOSS PREVENTION OFFICE UNTIL THIS DEPUTY ARRIVED. A COPY OF THE SALES RECEIPT PERTAINING TO THE ITEMS THAT WERE CONCEALED IN DEFENDANT WHITLOCKâS PURSE TOTALED $47.04. A COPY OF THE SALES RECEIPT PERTAINING TO THE ITEMS THAT WERE CONCEALED IN DEFENDANT SCHULERâS PERSON TOTALED $32.63. THE COMBINED TOTAL VALUE OF ALL ITEMS WAS $79.67. A SWORN WRITTEN STATEMENT WAS COMPLETED BY LOSS PREVENTION OFFICER COMPOSTELLA AND A COPY OF THE IN-STORE VIDEO SURVEILLANCE WAS REQUESTED FOR EVIDENCE PURPOSES. THAT DVD WILL BE COLLECTED AT A LATER DATE ONCE COMPLETED BY WALMART. THE DEFENDANTS WERE SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. IT SHOULD BE NOTED THAT DEFENDANT WHITLOCK IS CLASSIFIED AS A CAREER CRIMINAL AS OF 050112. THE DEFENDANTâS BOND WAS SET AT $250.00 EACH, PER THE BOND SCHEDULE. NO FURTHER ACTION TAKEN AT THIS TIME. |