| Probable cause affidavit: |
SUBMITTED BY: HAY, IAN 0641 (AR09112249) UNLAWFULLY MAINTAINED OR ASSISTED THE PRINCIPAL OFFENDER WHO HAD COMMITTED THE CRIME, TO WIT: DROVE A VEHICLE OCCUPIED BY DEFENDANT ONE WITH THE STOLEN MERCHANDISE, IN VIOLATION OF FLORIDA STATE STATUTE 777.03. ON 120609 AT 0319 HOURS, I WAS DISPATCHED TO THE CIRCLE K CONVENIENCE STORE, LOCATED AT 3275 WEST GULF TO LAKE HIGHWAY IN LECANTO, IN REFERENCE TO A RETAIL THEFT THAT HAD JUST OCCURRED. INFORMATION WAS PROVIDED THAT A WHITE MALE APPROXIMATELY 6'02" AND 250 POUNDS, HAD LEFT THE STORE WITH A TWELVE (12) PACK OF BUD LIGHT BEER WITHOUT PAYING. THE WHITE MALE ENTERED THE PASSENGER SIDE OF A SMALL OLDER MODEL BLUE FOREIGN VEHICLE WHICH WAS OPERATED BY A SECOND WHITE MALE SUBJECT WHICH THEN SPED OFF NORTH ON COUNTY ROAD 491, TOWARD BEVERLY HILLS. WHEN I RECEIVED THE DISPATCH, I WAS ON COUNTY ROAD 490, NEAR THE INTERSECTION OF WEST GULF TO LAKE HIGHWAY AND I WENT DIRECTLY TO COUNTY ROAD 491, TRAVELING NORTH LOOKING FOR THE VEHICLE. AS I TRAVELED NORTH, I DID NOT OBSERVE ANY VEHICLES TRAVELING NORTHBOUND. I CONTINUED ALL THE WAY TO COUNTY ROAD 486 AND SAW NO VEHICLES EITHER NORTHBOUND OR SOUTHBOUND ON COUNTY ROAD 491. I PROCEEDED BACK TO THE CIRCLE K AND WAS ADVISED BY DISPATCH THAT DEPUTY HUNTER WAS IN THE AREA OF BEVERLY HILLS AND WAS BOLO'ING FOR THE VEHICLE. UPON ARRIVAL AT THE STORE, I SPOKE WITH THE TWO CLERKS WHO CONFIRMED THAT THE WHITE MALE HAD ENTERED THE STORE, HAD TAKEN A TWELVE PACK OF BUD LIGHT BEER AND EXITED THE STORE. THE FEMALE CLERK TOLD ME SHE OBSERVED AN FSU TATTOO ON THE BACK LEFT CALF ON THE WHITE MALE AS HE LEFT THE STORE. SHE EXITED THE STORE, FOLLOWING THE WHITE MALE, AND TOLD HIM WHAT HE WAS DOING WAS NOT RIGHT. THE WHITE MALE THEN GOT INTO THE PASSENGER SEAT OF THE SMALL BLUE VEHICLE, YELLING AT THE DRIVER TO "DRIVE, DRIVE, DRIVE." THE CLERK SAID THE VEHICLE SPED BACKWARD OUT OF THE PARKING LOT ON TO COUNTY ROAD 491 AND AS IT DID, SPARKS FULL UP FROM THE UNDERCARRIAGE AS THE VEHICLE WENT OUT THE INCLINE ON TO COUNTY ROAD 491. THE VEHICLE THEN SPED OFF NORTH. AT 0326 HOURS, I WAS NOTIFIED THAT DEPUTY HUNTER HAD A VEHICLE MATCHING THAT DESCRIPTION STOPPED AT THE INTERSECTION OF BEVERLY HILLS BOULEVARD AND WASHINGTON STREET. THE MALE CLERK FROM CIRCLE K ACCOMPANIED ME TO DEPUTY HUNTER'S LOCATION. WHILE EN ROUTE, I EXPLAINED TO HIM THAT WHEN WE GOT ON SCENE, I WOULD ASK THE PASSENGER TO STEP OUT OF THE VEHICLE AND THEN ASK HIM IF HE COULD IDENTIFY THE WHITE MALE AS THE SUBJECT WHO HAD TAKEN THE BEER. I WOULD ALSO ASK THE MALE CLERK IF THE VEHICLE MATCHED THE DESCRIPTION OF THE ONE WHICH HAD SPED OUT OF THE PARKING LOT. UPON ARRIVAL AT THE TRAFFIC STOP, I SPOKE WITH DEPUTY HUNTER WHO TOLD ME HE HAD STOPPED THE VEHICLE BASED ON THE DESCRIPTION PROVIDED, OBSERVED AN UN-OPENED TWELVE PACK OF BUD LIGHT BEER ON THE BACK FLOORBOARDS AND OBSERVED AN FSU TATTOO ON THE BACK CALF OF THE WHITE MALE PASSENGER. I APPROACHED THE PASSENGER SIDE OF THE VEHICLE AND ASKED THE PASSENGER WHAT WAS GOING ON. HE TOLD ME "I DID SOMETHING STUPID, I STOLE THE BEER." I ASKED HIM TO EXIT THE VEHICLE AND HE COMPLIED, AT WHICH TIME THE CLERK POSITIVELY IDENTIFIED HIM AS THE PERSON WHO HAD STOLEN THE BEER. I ALSO OBSERVED THE TATTOO ON THE BACK OF HIS LEFT CALF. AT THAT POINT, DEFENDANT ONE, MR TIMOTHY OREN HUGHES, WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED IN THE REAR SEAT OF DEPUTY HUNTER'S PATROL VEHICLE. CONTACT WAS THEN made WITH THE DRIVER/DEFENDANT TWO, MR CLIFFORD ZIMMERMAN. BASED ON THE IDENTIFICATION FROM THE MALE CLERK AND THE ACTIONS OF THE DRIVER, ACCORDING TO THE FEMALE CLERK, THE DRIVER WAS PLACED UNDER ARREST FOR ACCESSORY AFTER THE FACT TO THE RETAIL THEFT. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND ALSO PLACED IN THE REAR SEAT OF DEPUTY HUNTER'S PATROL VEHICLE. DEPUTY HUNTER TRANSPORTED BOTH DEFENDANTS TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. I REMAINED ON SCENE AND PHOTOGRAPHED THE TWELVE PACK OF BUD LIGHT BEER. I ALSO CONTACTED SCALLY'S LUBE AND GO TO REMOVE THE VEHICLE. ABOUT THAT TIME, DEPUTY SKINNER ARRIVED ON SCENE. DEPUTY SKINNER COMPLETED THE IMPOUND SHEET FOR THE VEHICLE AND LATER TURNED THE VEHICLE STORAGE RECEIPT IN TO RECORDS. I TRANSPORTED THE CLERK BACK TO THE CIRCLE K. SWORN WRITTEN STATEMENTS WERE OBTAINED FROM BOTH THE MALE CLERK AND THE FEMALE CLERK. A PROPERTY RECEIPT WAS COMPLETED FOR THE STOLEN- RECOVERED BUD LIGHT BEER AND THE BEER WAS RETURNED TO THE STORE. ARRANGEMENTS WERE MADE FOR CIRCLE K TO CONTACT THE SHERIFF'S OFFICE WHEN THEY WERE ABLE TO OBTAIN A COPY OF THE VIDEO SURVEILLANCE TAPE. I THEN PROCEEDED TO THE DETENTION FACILITY AND COMPLETED THE ARREST PAPERWORK. UPON ARRIVAL, BOND WAS SET FOR BOTH DEFENDANTS AT $250.00 EACH, PER THE BOND SCHEDULE. *NOT-EXEMPT* |
