| Probable cause affidavit: |
SUBMITTED BY: LAMBERT, BOBBY 0480 (AR11122147) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: MERCHANDISE, OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN TWENTY THOUSAND DOLLARS ($20,000.00), TO WIT: $3,904.49, 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; AND DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: MERCHANDISE, OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN TWENTY THOUSAND DOLLARS ($20,000.00), TO WIT: $2,910.57, 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; AND DID UNLAWFULLY AND KNOWINGLY REMOVE A SHOPPING CART OR LAUNDRY CART, WITHOUT WRITTEN AUTHORIZATION, FROM ITS OWNER OR FROM THE PREMISES OR PARKING AREA OF ANY RETAIL ESTABLISHMENT, IN VIOLATION OF FLORIDA STATE STATUTE 506.513(2). ON 080911, I WAS DISPATCHED TO WAL-MART LOCATED AT 2461 EAST GULF TO LAKE HIGHWAY, IN REFERENCE TO A RETAIL THEFT ALREADY occurred. UPON ARRIVAL, CONTACT WAS MADE WITH THE COMPLAINANT, MS LIZZY BARROS. MS BARROS INFORMED ME THAT SHE WAS APPROACHED BY ONE OF HER EMPLOYEES (WITNESS) WHO INFORMED HER THAT A WHITE MALE HAD JUST WALKED OUT THE EAST ENTRANCE with a SHOPPING CART FULL OF MERCHANDISE. MS BARROS ADVISED THAT THIS SUBJECT DID NOT ATTEMPT TO PAY FOR THE MERCHANDISE. SHE ALSO INFORMED ME THAT THE WITNESS ADVISED THAT HE KNEW WHO THE SUBJECT WAS THROUGH PAST ACQUAINTANCE. MS BARROS ALSO STATED THAT SHE BELIEVES that THE SAME SUBJECT HAD ATTEMPTED THE SAME METHOD OF THEFT APPROXIMATELY A WEEK PRIOR. CONTACT WAS MADE WITH WITNESS DOUG DELLINGER WHO ADVISED THAT HE WAS CLEANING THE AREA OF THE EASTERN ENTRANCE WHEN HE NOTICED THE SUBJECT WALK PAST HIM WITH A SHOPPING CART FULL OF MERCHANDISE. HE ADVISED THE SUBJECT HAD MENTIONED TO HIM THAT HE WAS GOING TO THE ENTRANCE AREA TO LOOK AT THE MOVIES IN THE RED BOX. WITNESS DELLINGER FOLLOWED HIM OUT THE FRONT ENTRANCE AND NOTICED THAT THE SUSPECT UNLOCKED THE EASTERN DOOR AND WALKED OUT WITH THE SHOPPING CART FULL OF ITEMS. WITNESS DELLINGER ADVISED HE CONTACTED COMPLAINANT BARROS TO REPORT THE THEFT. WITNESS DELLINGER INFORMED ME THAT HE WAS FAMILIAR WITH THE SUSPECT AND THAT HE KNEW HIS FIRST NAME WAS DAVE AND THAT HE LIVED in the NEIGHBORHOOD LOCATED TO THE NORTH OF WAL-MART. MS BARROS WAS ABLE TO RETRIEVE THE SURVEILLANCE VIDEO WHERE I OBSERVED THE SUSPECT, LATER IDENTIFIED AS DEFENDANT DAVID ACERRA, WALK PAST ALL POINTS OF SALE WITHOUT making ANY PAYMENTS WITH A SHOPPING CART WITH NUMEROUS MERCHANDISE. HE THEN CONTINUED TO EXIT THE EAST ENTRANCE, WHICH IS NORMALLY CLOSED OFF DURING EVENING HOURS. WHILE I WAS GATHERING SUSPECT INFORMATION AT WAL-MART, DEPUTY BERRIOS ALONG WITH DEPUTY POLLARD HAD RESPONDED TO 2691 EAST DAWSON DRIVE, IN REFERENCE TO MAKING CONTACT WITH DEFENDANT ACERRA. UPON ARRIVAL, THEY DID DISCOVER THAT THERE WERE TRACK MARKS WHICH COULD BE MADE BY A SHOPPING CART LEADING FROM THE AREA OF WAL-MART TO THAT ADDRESS. DEPUTY POLLARD ADVISED THAT HE WAS KNOCKING ON THE RESIDENCE DOOR IN AN ATTEMPT TO MAKE CONTACT AND NOTICED THAT THERE WERE SEVERAL SUBJECTS INSIDE THE HOME THAT WERE REFUSING TO OPEN THE DOOR. AFTER APPROXIMATELY 40 MINUTES, DEPUTY BERRIOS WAS ABLE TO MAKE CONTACT WITH THE HOMEOWNER, MR PETER ACERRA. DEPUTY BERRIOS INFORMED PETER ACERRA THE REASON WE WERE THERE WAS BECAUSE WE WERE LOOKING FOR HIS SON, DAVID ACERRA. PETER ACERRA GAVE DEPUTY BERRIOS PERMISSION TO ENTER THE HOME TO SEARCH FOR DEFENDANT DAVID ACERRA. WHILE ATTEMPTING TO SEARCH THE RESIDENCE FOR DEFENDANT ACERRA, DEPUTY BERRIOS DISCOVERED A WII FIT CONSOLE ALONG WITH A WII MARIO CART CONSOLE AND AN XBOX 360 LOCATED BEHIND A WATER HEATER IN THE HOME. THESE ITEMS WERE NEW AND STILL IN THEIR ORIGINAL PACKAGE AND WERE ALSO ITEMS DESCRIBED AS BEING STOLEN FROM WAL-MART BY THE COMPLAINANT. WHILE CONTINUING TO SEARCH THE RESIDENCE FOR DEFENDANT ACERRA, DEPUTY BERRIOS ALSO NOTICED A LARGE AMOUNT OF UNDERGARMENTS AND T-SHIRTS IN THE DEFENDANT'S BEDROOM CLOSET. THESE ITEMS WERE ALSO IN THEIR ORIGINAL PACKAGING AND WERE STUFFED INTO A BLACK CLOTHING BAG. DEPUTY BERRIOS ALSO NOTICED APPROXIMATELY 72 BLUE-RAY MOVIE DISKS LOCATED IN THE DEFENDANT'S BEDROOM CLOSET. THESE ITEMS WERE ALSO UNOPENED AND IN THE ORIGINAL PACKAGE. WHILE CONTINUING TO SEARCH FOR THE SUBJECT DEPUTY POLLARD NOTICED THE RETURN AIR VENT LOCATED IN THE FLOOR WAS DISTURBED AND HE COULD SEE THE GROUND UNDERNEATH THE MOBILE HOME. AFTER NOTICING THIS, DEPUTY POLLARD NOTIFIED K-9 DEPUTY RITLI, WHO HAD ARRIVED ON SCENE ALONG WITH DEPUTY PATTERSON AND SERGEANT FISCHER, THAT DEFENDANT ACERRA MIGHT BE HIDING UNDERNEATH THE TRAILER. DEPUTY RITLI AND I MOVED TO THE WEST SIDE OF THE MOBILE HOME WHERE I NOTICED THAT THE TRAILER SKIRT HAD BEEN RECENTLY MOVED. DEPUTY RITLI STARTING GIVING VERBAL WARNINGS TO COME OUT FROM UNDERNEATH THE TRAILER OR HE WOULD RELEASE CANINE AJAX. MOMENTS LATER DEFENDANT ACERRA WAS SPOTTED CRAWLING OUT FROM UNDERNEATH THE SOUTH SIDE OF THE TRAILER AND ATTEMPTED TO RUN SOUTH ACROSS THE ROADWAY INTO THE WOODS. THE DEFENDANT WAS THEN STOPPED BY SERGEANT FISCHER WHERE HE WAS ORDERED TO THE GROUND AND SECURED IN HANDCUFFS. THE DEFENDANT WAS THEN READ MIRANDA WARNING FROM A PREPRINTED CARD WHERE HE ADVISED ME THAT HE UNDERSTOOD HIS RIGHTS AND WOULD CONTINUE TO SPEAK WITH ME. I ASKED the DEFENDANT IF HE KNEW WHY LAW ENFORCEMENT WAS THERE WHERE HE STATED, BECAUSE HE HAD STOLEN SOME STUFF FROM WAL-MART. I ASKED THE DEFENDANT WHERE THE STOLEN ITEMS WERE LOCATED, WHERE HE ADVISED THEY WERE IN SEVERAL LOCATIONS IN HIS HOME AND HE WOULD SHOW ME. PRIOR TO SEARCHING THE HOME, CONTACT WAS MADE WITH THE HOMEOWNER, MR PETER ACERRA. MR PETER ACERRA WAS READ A PERMISSION TO SEARCH FORM WHERE I EXPLAINED IT TO HIM IN DETAIL WHERE HE ALSO READ IT HIMSELF AND SIGNED THE FORM ALLOWING ME TO SEARCH THE HOME. DEFENDANT ACERRA FIRST TOOK ME TO THE LAUNDRY ROOM AREA WHERE HE POINTED OUT A BOTTLE OF CLOROX BLEACH ALONG WITH TWO BOTTLES OF GAIN DETERGENT. THE DEFENDANT STATED THAT THEY WERE STOLEN. IN THE WAL-MART SURVEILLANCE VIDEO I NOTICED THE DEFENDANT HAD ON A BEIGE LONG SLEEVED SHIRT AND BLUE JEAN PANTS, WHERE I NOTICED that NOW THE DEFENDANT WAS WEARING A BLACK SHIRT AND GREY SHORTS. I ASKED THE DEFENDANT WHAT HE DID WITH THE CLOTHING THAT HE WAS WEARING WHEN HE STOLE THE ITEMS, WHERE THE DEFENDANT STATED THAT HE HAD REMOVED THEM AND PLACED THEM in the WASHING MACHINE. UPON OPENING THE WASHING MACHINE I DISCOVERED THESE ITEMS. NEXT WE WALKED TO THE AREA OF the WATER HEATER WHERE THE DEFENDANT POINTED OUT AN XBOX 360, AND WII FIT PLUS AND WII MARIO CART GAMING CONSOLES STATING THAT HE HAD STOLEN THESE ITEMS. NEXT THE DEFENDANT LED ME TO HIS BEDROOM AREA WHERE HE ADVISED THAT ALL OF THE BLUE-RAY DISKS WERE STOLEN FROM WAL-MART, HOWEVER, HE WAS UNSURE IF THESE ITEMS WERE STOLEN ON THIS ATTEMPT OR A PREVIOUS NIGHT. NEXT I QUESTIONED HIM ABOUT THE PACKAGED UNDERGARMENTS WHERE HE STATED, YES THEY WERE STOLEN TOO. HE ALSO STATED that THE BLUE-RAY PLAYER WAS STOLEN. THE DEFENDANT ADVISED ME THAT HE HAD USED THE SHOPPING CART TO TRANSPORT THE ITEMS TO HIS RESIDENCE WHERE HE THEN DISCARDED THE SHOPPING CART AT THE WOODED AREA TO THE WEST OF HIS RESIDENCE. PRIOR TO MAKING CONTACT WITH THE DEFENDANT, I HAD RESEARCHED OUR PREVIOUS CALLS FOR SERVICE AND LOCATED A GRAND THEFT THAT DID TAKE PLACE ON 080111 AT APPROXIMATELY 0540 HOURS, REFERENCE CASE NUMBER 11080021. DURING THIS CASE DEFENDANT ACERRA ENTERED WAL-MART AND COLLECTED 188 ITEMS TO THE VALUE OF $3,904.49, AND PLACED THEM IN A SHOPPING CART. THE DEFENDANT THEN WALKED PAST ALL POINTS OF SALE AND EXITED A SIDE EMERGENCY DOOR, LEAVING THE BUILDING WHERE A STORE EMPLOYEE APPROACHED HIM IN THE PARKING LOT. THE DEFENDANT THEN FLED ON FOOT RUNNING NORTH TOWARDS HIS RESIDENCE ON DAWSON. I QUESTIONED DEFENDANT ACERRA ABOUT THIS INCIDENT WHERE HE PROVIDED ME WITH THE DETAILS INVOLVING THIS CASE STATING THAT IT WAS HIM AND THAT HE DID ATTEMPT TO STEAL THOSE ITEMS, BUT WAS SCARED AWAY WHEN HE WAS APPROACHED BY THE STORE EMPLOYEE. DEFENDANT ACERRA STATED HE HAD BEEN STEALING NUMEROUS ITEMS FROM WAL-MART OVER AN APPROXIMATE TWO WEEK PERIOD AND THAT HE HAD BEEN DOING THIS BECAUSE HE RELAPSED ON HIS DRUG HABIT AND HE HAD BEEN SELLING THE STOLEN ITEMS FOR MONEY. DEFENDANT ACERRA WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY CUTLIP. I REMAINED ON SCENE TO GATHER FURTHER INFORMATION REFERENCE THE CASE. I ATTEMPTED TO IDENTIFY WHAT ITEMS WERE STOLEN WHERE THE PREVIOUSLY MENTIONED ITEMS WERE GATHERED AND TAKEN TO WAL-MART TO BE IDENTIFIED BY THE VICTIM. WAL-MART WAS ABLE TO SCAN 122 ITEMS AS BEING IDENTIFIED AS STOLEN VALUED IN THE AMOUNT OF $2,910.57. THESE ITEMS WERE PHOTOGRAPHED AT THE ORIGINAL LOCATION IN THE RESIDENCE WHERE A PROPERTY RECEIPT WAS COMPLETED AND THE ITEMS WERE RETURNED TO THE VICTIM. I THEN RESPONDED TO THE COUNTY DETENTION FACILITY FOR FURTHER BOOKING AND PROCESSING WHERE THE DEFENDANT WAS CHARGED WITH TWO COUNTS OF GRAND THEFT AND ONE COUNT OF ILLEGAL USE OF A SHOPPING CART. BOND SET AT $4,500.00. "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* |
