| Probable cause affidavit: |
SUBMITTED BY: RAMOS, ROBALDO 0515 (AR16-20802) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WAL-MART, TO WIT: THE DEFENDANT STOLE TWO ITEMS, 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 $88.92, IN VIOLATION OF FLORIDA STATE STATUTE 812.014(3)(A). ON 083116, I received A TELEPHONE CALL FROM LOSS PREVENTION OFFICER/COMPLAINANT, MR JOSEPH COMPOSTELLA. THE COMPLAINANT ADVISED HE HAD ONE SUBJECT DOING A FRAUDULENT RETURN AND ANOTHER SUBJECT STEALING ITEMS. AT THAT TIME, I MADE CONTACT WITH DEPUTY WATTS (1299), VIA TELEPHONE, AND ADVISED HIM OF THE INCIDENT. I THEN REQUESTED THAT HE RESPOND TO WAL-MART BECAUSE HE WAS CLOSER TO WAL-MART THAN I WAS AT THAT TIME. UPON ARRIVAL, I MADE CONTACT WITH THE COMPLAINANT AT THE LOSS PREVENTION OFFICE. THE COMPLAINANT ADVISED THAT HE WITNESSED MR ERIANGEL DIAZ WALK OUT OF THE STORE WITH TWO ELECTRONIC ITEMS IN HIS HAND, WITHOUT MAKING ANY ATTEMPT TO PAY FOR THE ITEMS. WHEN THE COMPLAINANT WENT OUTSIDE, HE STARTED TO SMOKE A CIGARETTE, AT WHICH TIME MR ERIANGEL DIAZ REQUESTED A CIGARETTE FROM THE COMPLAINANT AFTER PLACING THE STOLEN ITEMS NEXT TO HIM ON A BENCH. A SHORT TIME LATER, LOSS PREVENTION OFFICER, MS JESSICA CARLSON, WALKED OUT OF THE STORE ALSO. THE COMPLAINANT THEN ASKED MS CARLSON IF SHE FOUND THE ITEMS THAT SHE WAS LOOKING FOR. AT THAT TIME, MR ERIANGEL DIAZ ASKED THE COMPLAINANT WHY HE DID NOT JUST TAKE THE ITEMS BECAUSE IT WAS EASY TO DO. MR ERIANGEL DIAZ TOLD THE COMPLAINANT THAT ALL HE HAD TO DO WAS TAKE HIGH DOLLAR SMALL ITEMS AND RETURN THEM TO GET THE MONEY. MR ERIANGEL DIAZ ADVISED THAT THEY LIKE TO TAKE ALLERGY MEDICATION BECAUSE IT COST A LOT AND THE ITEMS ARE SMALL. HE CONTINUED TO ADVISE THAT HIS BROTHER WAS CURRENTLY INSIDE WAL-MART DOING THAT. THE COMPLAINANT THEN TOLD MR ERIANGEL DIAZ THAT HE WAS GOING INSIDE WAL-MART TO TRY THAT, WHILE MS CARLSON REMAINED WITH MR ERIANGEL DIAZ. THE COMPLAINANT THEN WENT TO THE RETURN DESK AND ASKED IF SOMEONE HAD JUST RETURNED ALLERGY MEDICATION, TO WHICH THE SERVICE DESK EMPLOYEE POINTED TO MR MANUEL DIAZ, WHO HAD JUST COMPLETED A RETURN. AS MR MANUEL DIAZ WALKED OFF, THE COMPLAINANT BEGAN TO CONDUCT FLOOR SURVEILLANCE. THE COMPLAINANT WATCHED MR MANUEL DIAZ SELECT SEVERAL ITEMS THROUGHOUT THE STORE AND PLACE THEM IN HIS SHOPPING CART. MR MANUEL DIAZ THEN WENT TO THE SELF CHECKOUT, WHERE HE PAID FOR SOME OF THE ITEMS USING THE GIFT CARD THAT HE JUST received FROM THE SERVICE DESK DEPARTMENT AND LEFT SOME ITEMS IN THE CHILD SEAT SECTION OF THE SHOPPING CART. WHEN MR MANUEL DIAZ WAS DONE PAYING FOR THE ITEMS, HE PLACED THE BAGS ON TOP OF THE ITEMS THAT HE HAD NOT PAID FOR, WHICH WERE STILL IN THE CHILD SEAT SECTION, AND THEN EXITED THE STORE WITHOUT ATTEMPTING TO PAY FOR THE ITEMS. AT THAT TIME, THE COMPLAINANT STOPPED MR MANUEL DIAZ, IDENTIFIED HIMSELF AS THE LOSS PREVENTION OFFICER, AND ESCORTED HIM TO THE LOSS PREVENTION OFFICE. DEPUTY WATTS THEN ESCORTED MR ERIANGEL DIAZ TO THE LOSS PREVENTION OFFICE. ONCE INSIDE THE OFFICE, THE COMPLAINANT BEGAN TO REVIEW THE SECURITY FOOTAGE. WHILE REVIEWING THE FOOTAGE HE WAS ABLE TO OBSERVE MR ERIANGEL DIAZ SELECT THE TWO ELECTRONIC ITEMS AND EXIT THE STORE WITHOUT MAKING ANY ATTEMPT TO PAY FOR THE ITEMS. THE COMPLAINANT WAS ALSO ABLE TO OBSERVE MR MANUEL DIAZ SELECT ITEMS, TAKE THE ITEMS TO THE RETURN DESK WITHOUT PAYING FOR THEM, AND THEN receive A FULL REFUND FOR THE ITEMS. MR MANUEL DIAZ THEN TOOK THE GIFT CARD THAT HE received FOR THE ITEMS AND WENT SHOPPING. THE COMPLAINANT ASKED THEM WHEN THEY HAD LAST BEEN IN THE STORE STEALING ITEMS, TO WHICH THEY ADVISED A FEW DAYS PRIOR. THE COMPLAINANT WAS ABLE TO FIND SECURITY FOOTAGE ON 082316 OF MR MANUEL DIAZ TAKING ITEMS FROM THE SHELF AND TAKING THEM STRAIGHT TO THE RETURN DESK TO GET A REFUND. I THEN READ MR ERIANGEL DIAZ AND MR MANUEL DIAZ THEIR MIRANDA RIGHTS VIA AN AGENCY ISSUED PREPRINTED MIRANDA CARD, TO WHICH THEY ADVISED THEY UNDERSTOOD THEIR RIGHTS AND would SPEAK TO ME. MR MANUEL DIAZ ADVISED THAT HE TOOK THE ITEMS AND RETURNED THEM FOR A GIFT CARD SO HE COULD PURCHASE SOME FOOD ITEMS DUE TO HIM BEING HUNGRY. HE ALSO ADMITTED THAT HE DID THE SAME THING ON 082316 FOR THE SAME REASON. I THEN SPOKE TO MR ERIANGEL DIAZ WHO ADVISED THAT HE WAS HUNGRY AND STOLE THE TWO ELECTRONIC ITEMS SO HE COULD PAWN THEM FOR MONEY TO BUY FOOD. AT THAT TIME, MR MANUEL DIAZ AND MR ERIANGEL DIAZ WERE PLACED UNDER ARREST. THEY WERE PLACED IN HANDCUFFS (DOUBLE LOCKED) AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. MR ERIANGEL DIAZ WAS PLACED UNDER ARREST FOR RETAIL PETIT THEFT, WITH A BOND SET AT $500.00 PER THE BOND SCHEDULE. |
