| Probable cause affidavit: |
SUBMITTED BY: PERUCHE, THOMAS 0638 (AR11120644) UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: BEALLS DEPARTMENT STORE, OF THE VALUE OF LESS THAN THREE HUNDRED DOLLARS ($300.00) TO WIT: CLOTHING VALUED AT ONE HUNDRED FIFTY DOLLARS ($150.00,) 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 HER OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, AND HAVING TWO OR MORE PREVIOUS CONVICTIONS FOR THEFT, IN VIOLATION OF FLORIDA STATUTE 812.014(3)c ANd UNLAWFULLY AND KNOWINGLY, while committing or after committing theft of property, resist the reasonable effort of a merchant OR merchant's employee to recover the property WHICH THE merchant OR merchant's employee had probable cause to believe the individual had concealed or removed from its place of display or elsewhere, IN VIOLATION OF FLORIDA STATE STATUTE 812.015(6) AND UNLAWFULLY COMMIT BATTERY UPON THE VICTIM BY ACTUALLY AND INTENTIONALLY TOUCHING OR STRIKING SAID PERSON AGAINST SAID PERSON'S WILL, OR BY INTENTIONALLY CAUSING BODILY HARM, TO WIT: BIT THE LOSS PREVENTION OFFICER ON THE WRIST, BREAKING THE SKIN AND CAUSING THE WOUND TO BLEED, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 050611 AT 2028 HOURS, I WAS DISPATCHED TO BEALLS DEPARTMENT STORE LOCATED AT 346 NORTH SUNCOAST BOULEVARD IN CRYSTAL RIVER IN REFERENCE TO A RETAIL THEFT THAT HAD JUST OCCURRED As well as a resisting a merchant call in progress. upon arrival, i made contact with the complainant/loss prevention officer, mr chad whitler, who advised that he had observed the defendant, LATER IDENTIFIED AS MS DYESTANEY KEEN, take multiple clothing items into the fitting room, carrying a large purse that appeared to be empty as it was flat. when the defendant exited the fitting room, the complainant observed the defendant carrying her purse which now appeared to be packed full. the complainant stated he checked the fitting room and found no clothing left behind, at which time he observed that the defendant had just exited the front doors of the store, heading into the parking lot. the complainant made contact with the defendant in the parking lot as she approached a vehicle. the complainant stated he identified himself as a loss prevention officer and showed her his identification badge. the complainant stated the defendant attempted to leave by continuing to get in to a vehicle, at which time the complainant grabbed her by her wrist in an attempt to detain her. the complainant stated the defendant 's boyfriend approached him from behind which drew his attention from the defendant, however, he continued to hold on to her wrist as he identified himself to the defendant's boyfriend. the complainant stated the defendant bit him on his right wrist, breaking the skin and causing the injury to bleed. THE COMPLAINANT THEN USED AN ARM-BAR TO TAKE THE DEFENDANT TO THE GROUND WHERE HE WAS EVENTUALLY ABLE TO GET HER TO CALM DOWN, AT WHICH TIME HE ESCORTED HER INTO THE LOSS PREVENTION OFFICE. THE THEFT WAS CAPTURED ON VIDEO SURVEILLANCE. IT WAS LATER DETERMINED THAT THE DEFENDANT HAD REMOVED TWO 'SALT-LIFE' TEE SHIRTS, VALUED AT TWENTY DOLLARS EACH; TWO 'BLUE SOL' SHORTS, VALUED AT THIRTY-SIX DOLLARS EACH; AND ONE PAIR OF 'ANGELS' CAPRI'S, VALUED AT THIRTY-EIGHT DOLLARS. THESE ITEMS WERE REMOVED FROM THE DEFENDANT'S PURSE AFTER SHE WAS BROUGHT BACK INTO THE STORE. AT THAT TIME, I PLACED THE DEFENDANT UNDER ARREST. SHE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK AND LATER TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. UPON ARRIVAL AT THE DETENTION FACILITY, A CRIMINAL HISTORY WAS RUN ON THE DEFENDANT. DUE TO THE DEFENDANT HAVING TWO OR MORE PREVIOUS THEFT CONVICTIONS, THE DEFENDANT WAS CHARGED WITH FELONY RETAIL THEFT, RESISTING A MERCHANT AND SIMPLE BATTERY. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $3,000.00, IN ACCORDANCE WITH THE BOND SCHEDULE. "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* |
