| Probable cause affidavit: |
SUBMITTED BY: CIANCIA, TERRY 0575 (AR09107439) DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, WEST MARINE, TO WIT: FOUR INCH STAINLESS STEEL SHROUD CLEAT, SAID PROPERTY BEING OF A VALUE OF $17.99, 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 HIS OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, IN VIOLATION OF FLORIDA STATE STATUTES 812.014(1) and 812.014(3)(a). ON 013009 AT APPROXIMATELY 1545, I WAS DISPATCHED TO 160 SOUTHWEST U S HIGHWAY 19 (WEST MARINE) IN REFERENCE TO A SHOP LIFTER. UPON ARRIVAL, I made CONTACT WITH THE COMPLAINANT/WITNESS, WHO ADVISED THAT AT APPROXIMATELY 1515 HOURS, HE OBSERVED THE DEFENDANT, MR GERALD GOTTS, ENTER THE BUSINESS OF WEST MARINE. THE DEFENDANT WAS OBSERVED GOING BACK to the CLEAT AREA OF THE STORE WHERE THEY SELL VARIOUS TYPES OF CLEATS FOR MARINE USAGE. the DEFENDANT WAS OBSERVED PICKING UP A SHROUD CLEAT AND THEN WALKING AROUND THE STORE WITH IT. BEING THAT the DEFENDANT APPEARED TO BE SUSPICIOUS, HE WAS FOLLOWED AT A DISTANCE. THE DEFENDANT PLACED the CLEAT BACK ON A DIFFERENT SHELF AND TOOK SEVERAL OTHER ITEMS HE HAD PICKED UP TO THE REGISTER. the DEFENDANT PAID FOR THE MERCHANDISE AT THE REGISTER and THEN ASKED TO USE THE RESTROOM. THE DEFENDANT WENT BACK TO THE RESTROOM, WHICH IS THROUGH THE CLEAT AREA OF THE STORE AND RETURNED A SHORT TIME LATER. AS the DEFENDANT RETRIEVED HIS PAID FOR BAG OF MERCHANDISE AND WAS EXITING THE STORE, ANOTHER WITNESS FOUND THE SHROUD CLEAT PACKAGE OPEN AND THE MERCHANDISE MISSING OUT OF IT. THE COMPLAINANT/WITNESS, FOLLOWED THE DEFENDANT OUT OF THE STORE TO HIS VEHICLE. HE EXPLAINED TO the DEFENDANT WHY HE WAS STOPPING HIM and ASKED HIM TO RETURN INSIDE THE STORE. THE DEFENDANT THEN RETURNED INSIDE THE STORE AND WAITED FOR MY ARRIVAL. UPON MY ARRIVAL, THE DEFENDANT WAS LEANING AGAINST A CHEST FREEZER, WHILE I WAS SPEAKING WITH THE COMPLAINANT/WITNESS. AS THE COMPLAINANT/WITNESS WAS RELAYING THE EVENTS THAT HAD TAKEN PLACE TO ME, A THIRD WITNESS OBSERVED the DEFENDANT REACH BEHIND his BACK, REMOVE THE CLEAT FROM HIS TROUSERS, LIFT UP THE FREEZER DOOR AND SLIDE IT DOWN IN TO THE FREEZER. AS I WAS WALKING THE DEFENDANT OUT OF THE STORE TO INTERVIEW HIM, I WAS STOPPED BY THE THIRD WITNESS, WHO ADVISED ME HE OBSERVED THE DEFENDANT SLIP THE MERCHANDISE INTO THE FREEZER. UPON OPENING THE FREEZER I OBSERVED THE SHROUD CLEAT RESTING ON THE FROZEN SHRIMP. THE DEFENDANT WAS SUBSEQUENTLY PLACED UNDER ARREST HANDCUFFED (DOUBLE LOCKED) AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE DEPUTY L CANFIELD WAS CALLED TO THE SCENE REFERENCE PHOTOGRAPHING THE EMPTY PACKAGE AND THE CLEAT INSIDE THE FREEZER. WHILE SEARCHING THE DEFENDANT PRIOR TO PLACING HIM IN MY VEHICLE I LOCATED ONE U BOLT, TWO ACORN NUTS AND NINE WASHERS, IN THE DEFENDANT'S LEFT FRONT POCKET, ALL OF WHICH BELONGED IN THE PACKAGE WITH the SHROUD CLEAT. THE SHROUD FOUND INSIDE THE FREEZER, WAS TURNED BACK OVER TO the COMPLAINANT/WITNESS AND THE ARTICLES FOUND ON THE DEFENDANT WERE PLACED IN EVIDENCE. the DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, BOOKED AND PROCESSED WHERE HIS BOND WAS SET AT $250.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
