| Probable cause affidavit: |
SUBMITTED BY: TULLY, JAMES 1342\t\t(AR16-20398) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO WIT: HP LAPTOP COMPUTER VALUED AT $315.00, 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 MORE THAN $300.00, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 812.015(8). ON 072816, AT APPROXIMATELY 1052 HOURS, I WAS DISPATCHED TO 2461 EAST GULF TO LAKE HIGHWAY IN INVERNESS, FLORIDA, WHICH IS WAL-MART, IN REFERENCE TO A SHOPLIFTER IN CUSTODY. UPON ARRIVAL, I MADE CONTACT WITH THE COMPLAINANT, MR JOE COMPOSTELLA, WHO STATED THAT ON TODAY'S DATE WHILE REVIEWING SOME VIDEO FROM the PAST FEW DAYS HE HAD OBSERVED A WHITE MALE LATER IDENTIFIED AS the DEFENDANT, MR GENE ANTHONY, TAKE A LAPTOP FROM the SHELF AT WAL-MART WITHOUT PAYING FOR THE ITEM. THE COMPLAINANT THEN SHOWED ME the VIDEO SURVEILLANCE FROM the CLOSED CIRCUIT SURVEILLANCE INSIDE WAL-MART. ON 072616, I OBSERVED the DEFENDANT REMOVE A LAPTOP AND PLACE IT INTO A BLACK, SOFT CASE and EXIT THE STORE PASSING ALL POINTS OF SALE WITHOUT PAYING FOR THE LAPTOP. the COMPLAINANT STATED THAT ON TODAY'S DATE HE HAD OBSERVED the DEFENDANT ATTEMPT TO REMOVE A LAPTOP CHARGER FROM A BOX WHERE HE WAS CONFRONTED BY THE COMPLAINANT AND ESCORTED BACK TO THE LOSS PREVENTION OFFICE. THE COMPLAINANT THEN PROVIDED THIS DEPUTY with THE RECEIPT FOR the LAPTOP, WHICH WAS VALUED AT $315.00, ALONG WITH A SWORN WRITTEN STATEMENT. the COMPLAINANT FURTHER STATED THAT HE WOULD BE RETRIEVING THE VIDEO SURVEILLANCE FROM THIS INCIDENT TO BE TURNED IN TO EVIDENCE. I ISSUED THE COMPLAINANT AN AGENCY CASE CARD BEARING THIS CASE NUMBER AND ADVISED HIM TO CONTACT THIS AGENCY WITH ANY ADDITIONAL INFORMATION OR QUESTIONS. I NEXT MADE CONTACT WITH THE DEFENDANT WHERE HE WAS READ HIS MIRANDA RIGHTS FROM A PRE PRINTED AGENCY ISSUED CARD. THE DEFENDANT STATED THAT HE UNDERSTOOD HIS RIGHTS and WISHED TO SPEAK WITH THIS DEPUTY. THE DEFENDANT ADMITTED TO TAKING THE LAPTOP and STATED THAT IT WAS AT HIS RESIDENCE AND HE WOULD BE WILLING TO TAKE THIS DEPUTY TO HIS RESIDENCE TO RETRIEVE THE LAPTOP. THE DEFENDANT THEN FILLED OUT A SWORN, WRITTEN STATEMENT THAT STATED HE HAD HIT A ROUGH TIME SO HE TOOK the NOTE BOX TO SELL IT TO GET SOME MONEY. HE STATED HE KNEW IT WAS WRONG, BUT HE DID IT ANYWAY. I THEN ADVISED THE DEFENDANT THAT HE WAS GOING TO BE PLACED UNDER ARREST FOR RETAIL FELONY THEFT. the DEFENDANT STATED HE UNDERSTOOD, AND HE STATED HE WOULD LET this DEPUTY ESCORT HIM TO HIS RESIDENCE TO RETRIEVE the LAPTOP. the DEFENDANT WAS THEN TRANSPORTED TO HIS RESIDENCE, ALONG WITH THIS DEPUTY. UPON ARRIVAL, I ESCORTED THE DEFENDANT INSIDE HIS HOME WHERE HE RETRIEVED A RED HP LAPTOP IN A BLACK SOFT CASE THAT WAS LYING ON the COFFEE TABLE IN THE LIVING ROOM. THE LAPTOP WAS COLLECTED and WILL BE TURNED OVER TO WAL-MART BY THIS DEPUTY. the DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED) AND SECURED in the REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL, the DEFENDANT WAS TURNED OVER TO JAIL STAFF. HE WAS CHARGED with ONE COUNT RETAIL FELONY THEFT WITH HIS BOND SET AT $2,000.00, PER THE BOND SCHEDULE. NO FURTHER ACTION WAS TAKEN BY THIS DEPUTY AT THIS TIME. |
