| Probable cause affidavit: |
SUBMITTED BY: MCINTYRE, JERICHO 1435 (17-44706) (AR17-23202) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WAL-MART, TO WIT: THE DEFENDANT DID WALK PAST ALL POINTS OF SALE WITH A SHOPPING CART AND INSIDE THE CART WAS A WHISPER .22 CALIBER PELLET GUN, A SECURITY SYSTEM AND TWO SETS OF VEHICLE SPEAKERS TOTALING $821.34, 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 MORE THAN $300.00, IN VIOLATION OF FLORIDA STATE STATUTES 812.015(8). DID, KNOWING HIS DRIVERâS LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(B). DID KNOWINGLY ATTACH TO ANY MOTOR VEHICLE OR MOBILE HOME ANY REGISTRATION LICENSE PLATE, OR WHO KNOWINGLY ATTACHES ANY VALIDATION STICKER OR MOBILE HOME STICKER TO A REGISTRATION LICENSE PLATE, WHICH PLATE OR STICKER WAS NOT ISSUED AND ASSIGNED OR LAWFULLY TRANSFERRED TO SUCH VEHICLE, IS IN VIOLATION OF FLORIDA STATE STATUTE 320.261. ON 032917 I RESPONDED TO THE WAL-MART LOCATED AT 2461 EAST GULF TO LAKE HIGHWAY, IN INVERNESS, IN REFERENCE TO THE DEFENDANT LATER IDENTIFIED AS MR JEREMY BODTMAN, ACTIVELY STEALING FROM WAL-MART. BEFORE MY ARRIVAL, COMPLAINANT/WITNESS, MR JOSEPH COMPOSTELLA, WHO WAS THE LOSS PREVENTION OFFICER AT WAL-MART, ADVISED ME VIA CELLULAR TELEPHONE THAT THE DEFENDANT WAS LEAVING WAL-MART PUSHING A SHOPPING CART. HE ADVISED THE DEFENDANT WAS WEARING A BLACK AND GRAY HAT, DARK GRAY SHIRT AND PLAID SHORTS. THE COMPLAINANT STATED THAT THE DEFENDANT GOT RID OF THE SHOPPING CART AS I WAS PULLING INTO THE PARKING LOT AND PROCEEDED TO HIS VEHICLE IN A QUICK MANNER. UPON MY ARRIVAL, I OBSERVED THE DEFENDANT GETTING INTO THE DRIVER'S SEAT OF A GRAY CHRYSLER FOUR DOOR VEHICLE AND ATTEMPTED TO DRIVE AWAY. I THEN ATTEMPTED TO CONDUCT A TRAFFIC STOP ON THE SAID VEHICLE, TO WHICH I WAS ABLE TO STOP THE SAID VEHICLE ON THE FAR WEST SIDE OF THE PARKING LOT. I THEN MADE CONTACT WITH THE DRIVER/ DEFENDANT, MR BODTMAN, WHO ADVISED THAT HE DID NOT HAVE A DRIVER'S LICENSE AND IT WAS SUSPENDED. I THEN CONFIRMED THROUGH TELETYPE THAT THE DEFENDANT DID NOT HAVE A VALID DRIVER'S LICENSE. DURING A POST MIRANDA RECORDED INTERVIEW WITH THE DEFENDANT I BEGAN TO QUESTION HIM ABOUT WAL-MART AND WHY HE WAS INSIDE THE STORE. HE ADVISED THAT HE WAS IN WAL-MART BECAUSE HE NEEDED TO GET A FEW THINGS BUT DECIDED THAT HE DID NOT NEED THEM AND EXITED THE STORE. I ASKED THE DEFENDANT IF AT ANY POINT IN TIME HE PUT ITEMS IN A SHOPPING CART AND EXITED THE STORE WITH THEM, TO WHICH HE ADVISED NO. HE THEN STATED THAT HE OBSERVED ME SEE HIM IN THE PARKING LOT AND AT THAT TIME, HE DID NOT HAVE ANYTHING IN HIS POSSESSION. I NEXT MADE CONTACT WITH CO-DEFENDANT, MS MARIA MILLER. DURING A POST MIRANDA RECORDED INTERVIEW, MS MILLER ADVISED THAT HER BOYFRIEND/DEFENDANT, MR BODTMAN, ASKED HER IF SHE WANTED TO GO FOR A RIDE. THEY THEN LEFT THEIR RESIDENCE IN HERNANDO COUNTY AND CAME TO CITRUS COUNTY. SHE ADVISED THAT HER BOYFRIEND/DEFENDANT THEN WENT TO LOWES WHERE HE ADVISED HE WAS GOING INSIDE AND CAME BACK WITH A GENERATOR, DURING WHICH TIME, MS MILLER REMAINED INSIDE THE VEHICLE AND SHE BELIEVED THE GENERATOR TO BE STOLEN. MS MILLER THEN ADVISED THAT HE EMPTIED THE GENERATOR INTO THE TRUNK COMPARTMENT OF THE VEHICLE AND THEY THEN PROCEEDED TO GO TO WAL-MART WHERE HE TOOK THE EMPTY BOX OF THE GENERATOR INTO WAL-MART. MS MILLER ADVISED THAT SHE REMAINED IN THE VEHICLE AGAIN AS THE DEFENDANT ENTERED WAL-MART. I THEN ASKED MS MILLER IF SHE KNEW WHAT THE DEFENDANT WAS DOING IN WAL-MART AND AT LOWES, TO WHICH AT FIRST SHE STATED NO, SHE DID NOT KNOW WHAT HE WAS DOING AND THEN SHE CHANGED HER STATEMENT LATER, DURING THE INTERVIEW, AND ADVISED THAT YES, SHE WAS AWARE THAT HE WAS STEALING ITEMS FROM INSIDE WAL-MART AND SHE BELIEVED THE GENERATOR TO BE STOLEN FROM LOWES AND SHE MADE NO ATTEMPT TO STOP HIM. MS MILLER ADVISED THAT WHEN THE DEFENDANT GOT INTO THE VEHICLE, HE STATED THAT HE HAD GOTTEN CAUGHT, THEN PULLED OUT OF THE PARKING SPOT. SHE ADVISED THAT WAS WHEN THIS DEPUTY GOT BEHIND THEM AND ATTEMPTED TO CONDUCT A TRAFFIC STOP ON THEM IN THE PARKING LOT. SHE ADVISED THE DEFENDANT THAT HE COULD NOT RUN AND THAT HE NEEDED TO PULL OVER. I THEN ATTEMPTED TO MAKE CONTACT WITH THE DEFENDANT AGAIN, WHO DID NOT CHANGE HIS STATEMENT FROM THE FIRST TIME, BUT WHEN ASKED ABOUT A GENERATOR FROM LOWES, HE ADVISED THAT HE ALREADY HAD THAT GENERATOR AND HE HAD TAKEN IT INTO LOWES TO SEE IF THEY HAD ONE SIMILAR TO IT. THE DEFENDANT WAS UNABLE TO EXPLAIN WHY THE GENERATOR BOX WAS FOUND IN A WAL-MART SHOPPING CART, NOT TOO FAR FROM HIS VEHICLE, FILLED WITH STOLEN MERCHANDISE. I THEN MADE CONTACT WITH COMPLAINANT/WITNESS, MR COMPOSTELLA, WHO PROVIDED ME WITH A WRITTEN STATEMENT. MR COMPOSTELLA ADVISED HE OBSERVED A MALE LATER IDENTIFIED AS THE DEFENDANT, MR JEREMY BODTMAN, DISPLAY SUSPICIOUS BEHAVIOR IN THE STORE. MR COMPOSTELLA ADVISED HE CONTINUED TO DO FLOOR SURVEILLANCE AND OBSERVED THE DEFENDANT SELECT MULTIPLE ITEMS AND CONCEAL THEM IN A GENERATOR BOX. THE DEFENDANT THEN PROCEEDED TO THE FRONT OF THE STORE AND EXITED THE STORE PASSING ALL POINTS OF SALE WITHOUT MAKING ANY ATTEMPTS TO PAY FOR ANY OF THE ITEMS IN THE SHOPPING CART. MR COMPOSTELLA ADVISED THE DEFENDANT THEN MADE IT TO HIS VEHICLE WITH THE MERCHANDISE AND AT THAT TIME, HE NOTICED THIS DEPUTY PULLING INTO THE PARKING LOT AND ATTEMPTED TO FLEE THE PARKING LOT AT THAT TIME IN HIS VEHICLE. THE COMPLAINANT/WITNESS PROVIDED ME WITH SURVEILLANCE FOOTAGE OF THE DEFENDANT TAKING ITEMS AND PLACING THEM INTO THE CART. IT SHOULD BE NOTED THAT THE GENERATOR BOX THAT WAS USED TO CONCEAL THE ITEMS WAS THE SAME BRAND OF GENERATOR THAT WAS LOCATED IN THE TRUNK COMPARTMENT OF THE DEFENDANT'S VEHICLE. DURING MY INVESTIGATION, I OBSERVED THAT THE DEFENDANT HAD A NEW YORK TAG GUB8458 WHICH WAS PLACED ON HIS 2002 GRAY CHRYSLER. AFTER RUNNING THE TAG, IT WAS FOUND THAT THE TAG BELONGED TO A 2005 GRAY CHEVROLET FOUR DOOR VEHICLE. WHEN I QUESTIONED THE DEFENDANT ABOUT THE TAG, HE ADVISED THAT HE GOT THAT TAG OFF OF HIS FATHER'S VEHICLE AND THOUGHT HE HAD SWITCHED IT OVER TO HIS VEHICLE. HE STATED HE WAS UNAWARE THAT THE TAG WAS INCORRECT FOR THAT VEHICLE. THE DEFENDANT WAS THEN PLACED IN HANDCUFFS, DOUBLE-LOCKED, BEHIND THE BACK, SEATED AND SECURED IN THE REAR OF DEPUTY EICHHORN'S (1365) PATROL VEHICLE. THE DEFENDANT WAS ADVISED HE WAS BEING PLACED UNDER ARREST FOR RETAIL GRAND THEFT, DRIVING WHILE LICENSE SUSPENDED, KNOWINGLY AND ATTACHED TAG TO VEHICLE NOT ASSIGNED. THE DEFENDANT WAS NOT CHARGED FOR THE THEFT OF THE GENERATOR FROM LOWES BECAUSE DURING OUR INVESTIGATION, LOWES ADVISED THAT THEY DID NOT SELL THAT BRAND OF GENERATOR, BUT HE MAY HAVE STOLEN IT FROM ANOTHER LOCATION. THE DEFENDANT ALSO ADVISED THIS DEPUTY THAT HE HAD FOUR WARRANTS OUT OF HERNANDO COUNTY. AT THAT TIME, THE DEFENDANT WAS TRANSPORTED TO CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT $2,000.00 FOR THE FELONY RETAIL THEFT, PER THE BOND SCHEDULE, $1,000.00 FOR DRIVING WHILE LICENSE SUSPENDED, KNOWINGLY, PER THE BOND SCHEDULE AND $500.00 FOR THE ATTACHED TAG NOT ASSIGNED, PER THE BOND SCHEDULE, FOR A TOTAL BOND AMOUNT OF $3,500.00 PER THE BOND SCHEDULE. |
