Probable cause affidavit: |
SUBMITTED BY: STANTON, JOE 0260 (AR08105456) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WAL-MART, TO WIT: A NETGEAR WIRELESS USB ADAPTOR, CARRYING AWAY THE SAID MERCHANDISE, WITH INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE WAL-MART, 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 062208 AT APPROXIMATELY 1732 HOURS, DEPUTY BASS WAS DISPATCHED TO WAL-MART AT 2461 EAST GULF TO LAKE HIGHWAY, IN INVERNESS, IN REFERENCE TO A THEFT THAT JUST OCCURRED. UPON ARRIVAL, SHE MADE CONTACT WITH THE COMPLAINANT/LOSS PREVENTION OFFICER. the LOSS PREVENTION OFFICER STATED THAT HE HAD OBSERVED A WHITE MALE SUBJECT IDENTIFIED AS THE DEFENDANT, MR JASON CRISTELLO, ENTER WAL-MART AND RESPOND TO THE CUSTOMER SERVICE COUNTER, WHERE the DEFENDANT RETURNED A PAIR OF SHORTS. HE STATED THE DEFENDANT THEN RESPONDED TO THE ELECTRONICS DEPARTMENT, PUSHING A BUGGY WITH A WAL-MART BAG SITTING INSIDE THE BUGGY. HE STATED THAT A FEW MINUTES LATER, THE DEFENDANT WAS OBSERVED WITH A WHITE BOX IN HIS BUGGY. WHEN THE DEFENDANT RESPONDED BACK TO THE CUSTOMER SERVICE COUNTER, THE DEFENDANT ATTEMPTED TO RETURN THE WHITE BOX, WHICH WAS IDENTIFIED AS A NETGEAR WIRELESS USB ADAPTER VALUED AT $77.87. THE STORE CLERK ADVISED THE DEFENDANT THAT SHE COULD NOT REFUND THE MONEY WITHOUT A RECEIPT. THE DEFENDANT THEN PROCEEDED TO EXIT THE STORE WITH THIS ITEM. AS THE DEFENDANT EXITED THE STORE, HE TOLD THE GREETER THAT HE DID NOT HAVE A RECEIPT, AS CUSTOMER SERVICE REFUSED TO REFUND HIS MONEY. THE LOSS PREVENTION OFFICER STATED HE ATTEMPTED TO CATCH UP TO THE DEFENDANT; HOWEVER, PRIOR TO THE DEFENDANT EXITING THE STORE HE HAD TO RETURN TO THE SECURITY OFFICE TO REVIEW THE SURVEILLANCE VIDEO. HE STATED AFTER REVIEWING THE SURVEILLANCE VIDEO, HE RESPONDED TO THE PARKING LOT IN AN ATTEMPT TO CATCH UP WITH THE DEFENDANT; HOWEVER, THE DEFENDANT WAS ALREADY IN HIS VEHICLE, LEAVING THE AREA. THE LOSS PREVENTION OFFICER WAS ABLE TO ADVISE THAT THE VEHICLE APPEARED TO BE A GREEN FORD EXPLORER WHICH HAD THE WORD "FORD" IN BIG LETTERS ACROSS THE FRONT WINDSHIELD. ON 092808, WHILE CONDUCTING AN INVESTIGATION FOR A RETAIL THEFT NOT RELATED TO this INCIDENT, THE LOSS PREVENTION OFFICER IDENTIFIED the DEFENDANT AS BEING A SUSPECT IN ANOTHER THEFT THAT HE HAD PREVIOUSLY REPORTED, and PROVIDED ME WITH THIS CASE NUMBER. WHILE AT THE CITRUS COUNTY DETENTION FACILITY, WHERE I HAD THE DEFENDANT, WHO HAD BEEN ARRESTED ON ANOTHER RETAIL THEFT CHARGE, THE DEFENDANT WAS MIRANDIZED VIA PREPRINTED CARD, AT WHICH TIME HE WAIVED his RIGHTS AND AGREED TO SPEAK with ME REGARDING THIS INCIDENT. UPON REVIEWING this CASE WITH the DEFENDANT, HE STATED THAT HE DID TAKE THE ITEM; HOWEVER HE NO LONGER HAD THAT ITEM AS HE HAD SOLD IT. THE DEFENDANT ALSO INDICATED that THE VEHICLE WHICH WAS DESCRIBED IN THE REPORT WAS HIS VEHICLE. THE DEFENDANT WHO WAS ALREADY IN CUSTODY WAS CHARGED WITH ONE COUNT OF RETAIL THEFT. THE DEFENDANT'S BOND WAS SET AT $250.00, PER the BOND SCHEDULE. *NOT-EXEMPT* |