| Probable cause affidavit: |
SUBMITTED BY: SCHAFFER, HEATH 0652 (AR15-16722) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO WIT: CLOTHING, OF THE VALUE OF ONE HUNDRED DOLLARS ($100.00) OR MORE, BUT LESS THAN THREE HUNDRED DOLLARS ($300.00), TO WIT: $128.05, 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 STATUTES 812.014(2)(D); AND did unlawfully traffic in or endeavor to traffic in property that HE knew or should have known was stolen, to wit: MISCELLANEOUS CLOTHING, the property of VICTIM, in violation of Florida Statute 812.019(1). ON 100615 AT APPROXIMATELY 2126 HOURS, CONTACT WAS MADE WITH DEFENDANT ONE, MR DAKOTA POSEY, AND DEFENDANT TWO, MS SHEENA POWELL, DURING A TRAFFIC STOP NEAR THE INTERSECTION OF GOBBLER DRIVE AND SOUTH FLORIDA AVENUE, WHEN DEFENDANT POSEY FAILED TO DIM HIS HIGH BEAM HEAD LIGHTS WHILE STOPPED AT THE STOP SIGN AT THAT INTERSECTION. DURING THE STOP, CONTACT WAS MADE WITH DEPUTY E MARSHALL (1336) WHO ADVISED THAT HE WAS WORKING A CASE WHERE BOTH OF THE DEFENDANTS WERE SUSPECTS IN A THEFT CASE INVOLVING CLOTHES THAT WERE STOLEN. DEPUTY E MARSHALL ADVISED THAT HE HAD TAKEN A REPORT FROM THE VICTIM, MS KENDELL DRAKE, WHO ADVISED THAT DEFENDANT POWELL HAD STOLEN CLOTHES THAT WERE JUST BOUGHT FOR HER, WHICH STILL HAD THE TAGS ON THEM AND WERE PURCHASED FROM BEALL'S DEPARTMENT STORE. DEPUTY E MARSHALL ADVISED THAT HE RESPONDED TO BEALL'S AND SPOKE WITH THE LOSS PREVENTION OFFICE AND REVIEWED SURVEILLANCE FOOTAGE AND WITNESSED BOTH DEFENDANTS RETURNING CLOTHES AT TWO DIFFERENT TIMES. SEE DEPUTY E MARSHALLS REPORT. WHILE ON SCENE OF THE TRAFFIC STOP, BOTH DEFENDANTS WERE ASKED ABOUT THE CLOTHES AND DEFENDANT POWELL STATED THAT SHE WAS GIVEN THE CLOTHES BY MS DRAKE BECAUSE MS DRAKE SAID THAT THEY DID NOT FIT HER. DEFENDANT POWELL ADVISED THAT SHE DID NOT LIKE THE CLOTHES SO SHE DECIDED TO RETURN THEM. SHE ADVISED THAT IT WAS A BIG MISUNDERSTANDING BETWEEN HER AND MS DRAKE. BASED ON DEPUTY E MARSHALL HAVING PROBABLE CAUSE FOR THE ARREST OF BOTH DEFENDANTS, THEY WERE HANDCUFFED BEHIND THE BACK AND SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. WHILE AT THE DETENTION FACILITY, DEFENDANT POSEY WAS TAKEN IN TO THE INTERVIEW ROOM AND READ HIS MIRANDA WARNINGS VIA A PREPRINTED CARD. HE ADVISED THAT HE DID UNDERSTAND AND DID WISH TO CONTINUE SPEAKING WITH ME. I BEGAN THE INTERVIEW WITH ASKING HIM IF HE WAS THERE WHEN THE CLOTHES WERE GIVEN TO DEFENDANT POWELL AND HE STATED YES. HE ADVISED THAT DEFENDANT POWELL WAS GIVEN THE CLOTHES BY MS DRAKE BECAUSE THEY DID NOT FIT HER. I THEN BEGAN ASKING HIM WHY HE WOULD BE RETURNING CLOTHES THAT WERE NOT GIVEN TO HIM AND EXPLAINED TO HIM THAT IT ALL DID NOT MAKE SINCE. I THEN BEGAN TO ASK HIM TO EXPLAIN TO ME THE REST OF THE STORY AND HE THEN ADVISED THAT HE WANTED TO TALK TO HIS LAWYER AND WOULD NOT ANSWER ANYMORE OF MY QUESTIONS. HE WAS THEN TAKEN BACK TO THE DETENTION FACILITY. I THEN BROUGHT DEFENDANT POWELL OVER TO THE INTERVIEW ROOM AND READ HER HER MIRANDA WARNINGS VIA A PREPRINTED CARD. SHE ADVISED THAT SHE UNDERSTOOD HER RIGHTS AND WOULD CONTINUE SPEAKING WITH ME. SHE WAS ASKED ABOUT THE SITUATION AND BEGAN TO STAY WITH HER AFOREMENTIONED STATEMENT ABOUT MS DRAKE GIVING HER THE CLOTHES. AFTER FURTHER QUESTIONING, SHE ADVISED THAT SHE WAS NOT THE ONE WHO TOOK THE CLOTHING AND THAT IT WAS DEFENDANT POSEY WHO TOOK THE ITEMS FROM MS DRAKE'S RESIDENCE. DEFENDANT POWELL ADVISED THAT SHE FOUGHT WITH HIM FOR ABOUT 15 MINUTES ABOUT NOT TAKING THE CLOTHES. SHE ADVISED THAT HE ENDED UP TAKING THE CLOTHES AND THEY WENT TO BEALL'S TO RETURN THEM. SHE ADVISED THAT DEFENDANT POSEY DID NOT HAVE HIS IDENTIFICATION WITH HIM AND THAT HE HAD HER RETURN THE CLOTHES. SHE ADVISED THAT SHE WAS SENT TO JAIL ON ANOTHER CHARGE A SHORT TIME AFTER THAT AND WHEN SHE GOT OUT DEFENDANT POSEY HAD MORE CLOTHES OF THE VICTIM'S TO TAKE BACK TO BEALL'S TO RETURN THEM. SHE ADVISED THAT ON THAT DAY DEFENDANT POSEY WAS THE ONE WHO RETURNED THE ITEMS. DEFENDANT POWELL COMPLETED A SWORN WRITTEN STATEMENT, WHICH WAS SIGNED AND TURNED IN TO RECORDS. DURING THE INTERVIEW, A DIGITAL RECORDING WAS TAKEN OF THE SECOND HALF OF THE INTERVIEW, WHICH A COPY WILL BE PLACED INTO EVIDENCE. DEPUTY E MARSHALL ADVISED THAT THE TOTAL LOSS OF THE VICTIM WAS $128.05. DEFENDANT POSEY WAS CHARGED WITH ONE COUNT OF GRAND THEFT ONE HUNDRED DOLLARS OR MORE BUT LESS THAN THREE HUNDRED, WHERE BOND WAS SET AT $2,000.00. HE WAS ALSO CHARGED WITH ONE COUNT OF DEALING IN STOLEN PROPERTY, WHERE HIS BOND WAS SET AT $5,000.00 FOR A TOTAL OF $7,000.00 PER THE BOND SCHEDULE. DEFENDANT POWELL WAS CHARGED WITH ONE COUNT OF DEALING IN STOLEN PROPERTY, WHERE HE BOND WAS SET AT $5,000.00. |
