| Probable cause affidavit: |
SUBMITTED BY: CLARK, CORRY 0711 (AR13-7297) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: THE BEALLS DEPARTMENT STORE IN INVERNESS, FLORIDA, OF THE VALUE OF LESS THAN $300.00, 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 THE PROPERTY WAS TAKEN FROM A DWELLING OR FROM THE UNENCLOSED CURTILAGE OF A DWELLING, AND THIS BEING A SECOND OFFENSE WITH A PRIOR CONVICTION, IN VIOLATION OF FLORIDA STATUTE, 812.014(3)(B). ON 091513, AT APPROXIMATELY 1434 HOURS, I RESPONDED TO THE BEALLS DEPARTMENT STORE AT 2851 EAST GULF TO LAKE HIGHWAY IN INVERNESS, IN REFERENCE TO A SHOPLIFTER IN CUSTODY. UPON ARRIVAL, I MADE CONTACT WITH THE BEALLS DEPARTMENT STORE LOSS PREVENTION OFFICER, MR CHAD WHITLER/WITNESS. HE ADVISED THAT APPROXIMATELY ONE WEEK AGO, HE OBSERVED THE DEFENDANT, MS ELIZABETH MUTO, INSIDE THE STORE. HE STATED THAT IT APPEARED THE DEFENDANT MAY HAVE CONCEALED ITEMS INSIDE HER PURSE, AND THAT SHE LEFT IN A HURRY. HE ADVISED THAT HE WAS NOT CERTAIN AT THAT TIME IF SHE HAD CONCEALED ANY ITEMS, SO HE DID NOT CONTACT THIS AGENCY. ON TODAYâS DATE AT APPROXIMATELY 1347 HOURS, MR WHITLER AGAIN OBSERVED DEFENDANT MUTO INSIDE THE STORE AND HIS SUSPICIONS WERE RAISED. AT THAT TIME, HE BEGAN VIDEO SURVEILLANCE AND OBSERVED THE DEFENDANT SELECT MULTIPLE CLOTHING ITEMS, TO INCLUDE FOUR DRESSES AND ONE PAIR OF SANDALS. HE THEN OBSERVED THE DEFENDANT CONCEAL SAID ITEMS INSIDE HER PURSE. MR WHITLER ADVISED THAT HE ALSO OBSERVED THE DEFENDANT PLACE OTHER ITEMS INSIDE A SHOPPING CART AND THEN PROCEED TO THE CASH REGISTER. SHE THEN PLACED THE SHOPPING CART CONTAINING THE ITEMS OFF TO THE SIDE AND TOLD THE CLERK THAT SHE WAS GOING TO HER VEHICLE TO GET HER CREDIT CARD. THE DEFENDANT, WHILE STILL CONCEALING THE AFOREMENTIONED ITEMS IN HER PURSE, PASSED ALL POINTS OF FINAL SALE AND EXITED THE STORE WITHOUT PAYING FOR THE ITEMS. AT THAT TIME, MR WHITLER DETAINED THE DEFENDANT AND IDENTIFIED HIMSELF TO HER. WHILE SPEAKING WITH THE DEFENDANT, SHE ADVISED MR WHITLER THAT SHE WAS PREVIOUSLY ARRESTED AT A BEALLS DEPARTMENT STORE IN ST PETERSBURG, FLORIDA, IN MARCH OF 2013 FOR RETAIL THEFT. MR WHITLER THEN ADVISED ME THAT, DUE TO THE MANNER IN WHICH THE DEFENDANT CONCEALED THE ITEMS, HE SUSPECTED THE DEFENDANT TO POSSIBLY BE INVOLVED IN ORGANIZED CRIME. AT THAT TIME I MADE CONTACT WITH THE DEFENDANT AND IMMEDIATELY READ HER MIRANDA RIGHTS VIA PRE-PRINTED AGENCY CARD. THE DEFENDANT THEN ADVISED THAT SHE UNDERSTOOD HER RIGHTS AND AGREED TO SPEAK WITH ME. THE DEFENDANT INITIALLY ADVISED THAT SHE HAD A LAPSE IN JUDGMENT, AND WHILE IN THE STORE, SHE DECIDED TO STEAL THE ITEMS IN AN ATTEMPT TO KEEP CHARGES OFF OF HER CREDIT CARD. LATER, DURING MY INVESTIGATION, THE DEFENDANT REVEALED THAT SHE IS ADDICTED TO OPIATES. I THEN ASKED IF HER ADDICTION COULD HAVE CONTRIBUTED TO HER STEALING THE ITEMS, WHERE THE DEFENDANT STATED YES. MR WHITLER ADVISED THAT HE WAS GOING TO PLACE A BOLO TO OTHER BEALLS STORES DISPLAYING A PICTURE OF THE DEFENDANT AND HER VEHICLE. HE ADVISED THAT WHILE TAKING PHOTOGRAPHS OF THE DEFENDANTâS VEHICLE, HE OBSERVED MULTIPLE CLOTHING ITEMS IN THE PASSENGER SIDE SEAT WHICH STILL HAD ATTACHED TAGS. AT THAT TIME MR WHITLER ASKED THE DEFENDANT IF HE HAD HER PERMISSION TO ENTER THE VEHICLE AND INSPECT THE CLOTHING. THIS DEPUTY, ALONG WITH THE DEFENDANT AND MR WHITLER, THEN PROCEEDED TO THE DEFENDANTâS VEHICLE IN THE PARKING LOT, WHERE THE DEFENDANT UNLOCKED THE VEHICLE FOR MR WHITLER. UPON MR WHITLER INSPECTING THE CLOTHING, HE DISCOVERED 12 ITEMS OF WOMANâS CLOTHING INSIDE A BAG THAT HAD ATTACHED BEALLS OUTLET TAGS. HE ASKED THE DEFENDANT IF SHE WAS ABLE TO PROVIDE A RECEIPT FOR THE ITEMS WHERE SHE STATED NO. SHE THEN ADMITTED THAT SHE HAD STOLEN THOSE ITEMS FROM THE BEALLS OUTLET STORE IN INVERNESS. MR WHITLER DETERMINED THE TOTAL VALUE OF THE ITEMS TO BE $94.88. HE THEN CONTACTED THE BEALLS OUTLET STORE IN INVERNESS, AND ADVISED THE DEFENDANT THAT, DUE TO HER COOPERATION, HE WOULD NOT BE CHARGING HER WITH TAKING THOSE ITEMS. MR WHITLER PROVIDED ME WITH A TOTAL VALUE OF $253.00 FOR THE ITEMS THE DEFENDANT HAD TAKEN FROM HIS STORE. HE WAS UNABLE TO PROVIDE ME WITH A RECEIPT FOR THE ITEMS AT THAT TIME, BUT ADVISED HE WOULD PROVIDE ONE FOR ME AT A LATER TIME. MR WHITLER PROVIDED ME WITH SWORN WRITTEN STATEMENT WHICH I LATER PLACED IN TO RECORDS. MR WHITLER ALSO PROVIDED ME WITH DVD SURVEILLANCE WHICH I LATER SUBMITTED TO EVIDENCE. THE DEFENDANT WAS THEN PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK AND SEATED IN MY PATROL VEHICLE. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL, THE DEFENDANT WAS TURNED OVER TO DETENTION STAFF. DUE TO THE DEFENDANT BEING PREVIOUSLY ARRESTED FOR PETIT RETAIL THEFT IN MARCH OF 2013, SHE WAS CHARGED WITH PETIT THEFT (WITH A PREVIOUS CONVICTION OF ANY THEFT) WHERE HER BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. MR WHITLER REQUESTED THAT THE DEFENDANT BE TRESPASSED FROM HIS STORE, AT WHICH TIME TRESPASS PAPERWORK WAS COMPLETED. NO FURTHER ACTION. |
