| Probable cause affidavit: |
SUBMITTED BY: REYNOLDS, CONNARY 1267 (AR13-6363) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WAL-MART, TO WIT: A ELECTRIC NUTRI BULLET JUICER VALUED AT APPROXIMATELY $99.00, AND FIVE AIR FRESHENERS VALUED AT A TOTAL OF $15.26, BY 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, 812.014(1), AND 812.014(3)(A). ON 070713, I WAS DISPATCHED TO THE WAL-MART AT 1936 NORTH LECANTO HIGHWAY IN LECANTO, FLORIDA, IN REFERENCE TO A SHOPLIFTER IN CUSTODY. UPON ARRIVAL I MADE CONTACT WITH THE LOSS PREVENTION OFFICER, MR BRIAN ELAM, WHO ADVISED THAT HE HAD OBSERVED A HISPANIC MALE, LATER IDENTIFIED AS THE DEFENDANT, MR EDGARDO MORALES, PLACE A NUTRI BULLET JUICER VALUED AT APPROXIMATELY $99.00, AND FIVE AIR FRESHENERS VALUED AT A TOTAL OF $15.26, INTO A WAL-MART SHOPPING CART WHERE HE THEN MET UP WITH HIS WIFE, LATER IDENTIFIED AS MS CARMEN VASQUEZ, IN FRONT OF AN EMPTY CHECKOUT LINE. HE THEN PASSED OFF THE SHOPPING CART TO HIS WIFE AND TOLD HER THE ITEMS WERE PAID FOR. LOSS PREVENTION OFFICER ELAM ALSO STATED THE DEFENDANT HANDED HIS WIFE A RECEIPT FOR A NUTRI BULLET JUICER PURCHASED EARLIER ON THIS DATE AT APPROXIMATELY 1026 HOURS. THE LOSS PREVENTION OFFICER ADVISED THE TOTAL VALUE OF THE ITEMS WAS $121.12. HE ALSO ADVISED THAT THE DEFENDANT ONLY SPOKE SPANISH AND DID NOT SPEAK ANY ENGLISH. LOSS PREVENTION OFFICER ELAM STATED HIS CO-WORKER, MS MARTHA MENA, WITNESSED THE INCIDENT AND COULD ALSO TRANSLATE IF NEEDED. I WAS THEN SHOWN FOOTAGE OF THE INCIDENT AND WHILE OBSERVING THE FOOTAGE, I COULD SEE THE DEFENDANT SPEAKING WITH HIS WIFE NEAR AN EMPTY CHECKOUT LINE, WHERE HE THEN HANDED THE WAL-MART SHOPPING CART OFF TO HER, WHERE SHE CONTINUED PAST ALL OPEN REGISTERS AND OUTSIDE THE DOOR, PAST ALL POINTS OF PURCHASE. IT WAS AT THIS TIME THAT THE LOSS PREVENTION OFFICER STATED HE MADE CONTACT WITH THE DEFENDANT AND ANNOUNCED WHO HE WAS. WHEN THE LOSS PREVENTION OFFICER ASKED FOR THE MERCHANDISES BACK, THE DEFENDANTâS WIFE, MS CARMEN VASQUEZ, PROVIDED A RECEIPT FOR A NUTRI BULLET JUICER WHICH WAS PURCHASED ON TODAYâS DATE AT 1026 HOURS, AND STATED THAT SHE BELIEVED THE ITEMS WERE PAID FOR. SHE THEN PUT THE ITEMS IN THE VEHICLE AND LOCKED THE DOOR. I THEN MADE CONTACT WITH THE WITNESS AND CO-WORKER OF THE LOSS PREVENTION OFFICER, MS MARTHA MENA, WHO ADVISED SHE ALSO WENT OUTSIDE AND OBSERVED THE DEFENDANTâS WIFE PUT THE ITEMS IN THE VEHICLE AND LOCK THE DOOR. I THEN ASKED MS MENA IF SHE COULD TRANSLATE WHILE I SPOKE TO THE WIFE OF THE DEFENDANT, TO WHICH SHE ADVISED SHE WOULD. I ASKED MS MENA TO TELL MS VASQUEZ THAT SHE WAS NOT UNDER ARREST AND WAS FREE TO GO AT ANY TIME, WHICH MS MENA THEN TRANSLATED TO HER. I THEN ASKED MS MENA IF SHE COULD ASK MS VASQUEZ IF SHE KNEW THE ITEMS WERE NOT PAID FOR, TO WHICH SHE ADVISED SHE THOUGH THE ITEMS WERE PAID FOR BECAUSE THE DEFENDANT HAD HANDED HER A RECEIPT. WAL-MART PROVIDED ME A CD CONTAINING THE FOOTAGE OF THE INCIDENT, WHICH WAS LATER TURNED OVER TO EVIDENCE AND A RECEIPT SHOWING THE ITEMS TAKEN AND THEIR VALUE, AND ALSO A RECEIPT SHOWING THE NUTRI BULLET JUICER PURCHASED EARLIER IN THE DAY. BOTH RECEIPTS WERE TURNED OVER TO EVIDENCE. A PROPERTY RECEIPT WAS COMPLETED AND SIGNED BY THE LOSS PREVENTION OFFICER FOR THE ITEMS TAKEN INTO EVIDENCE AND A COPY WAS LEFT WITH THEM. THE LOSS PREVENTION OFFICER, MR BRIAN ELAM AND HIS CO-WORKER MS MARTHA MENA BOTH COMPLETED SWORN STATEMENTS WHICH WERE TURNED OVER TO RECORDS. I THEN MADE CONTACT WITH THE DEFENDANT, WHERE HE WAS THEN PLACED UNDER ARREST FOR RETAIL PETIT THEFT. HE WAS PLACED IN HANDCUFFS BEHIND HIS BACK, DOUBLE LOCKED, AND SEARCHED AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. HE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY AND CHARGED WITH RETAIL PETIT THEFT. THE DEFENDANTâS BOND WAS SET AT $250.00 PER THE BOND SCHEDULE. |
