| Probable cause affidavit: |
SUBMITTED BY: FERGUSON, ADAM 0505 (12-146696) (AR12-2393) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF BEALLS DEPARTMENT STORE, TO WIT: TWO PAIR OF FLIP-FLOPS AND THREE SHIRTS, 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 LESS THAN $300.00, IN VIOLATION OF FLORIDA STATE STATUTE 812.015. ON 081612 I RESPONDED TO 346 NORTH SUNCOAST BOULEVARD IN CRYSTAL RIVER, THE BEALLS DEPARTMENT STORE, IN REFERENCE TO RETAIL PETIT THEFT. UPON ARRIVAL, I MADE CONTACT WITH THE COMPLAINANT/LOSS PREVENTION OFFICER, MR CHAD WHITLER, WHO ADVISED THAT DEFENDANT ONE, MS SANDI BOYINGTON, AND DEFENDANT TWO, MR JOHN DELMAIN, ENTERED THE STORE. WHILE INSIDE THE STORE, DEFENDANT ONE, MS BOYINGTON, SELECTED A PAIR OF RED FLIP-FLOPS, CONCEALED THEM IN HER PURSE. DEFENDANT TWO, MR DELMAIN, SELECTED A PAIR OF BLUE FLIP-FLOPS, HANDED THEM TO DEFENDANT ONE, MS BOYINGTON, WHO THEN CONCEALED THEM IN HER PURSE ALSO. THEY CONTINUED SHOPPING. DEFENDANT TWO, MR DELMAIN, SELECTED THREE MORE SHIRTS. AFTER TRYING THEM ON, HE HANDED THEM TO DEFENDANT ONE, MS BOYINGTON, WHO REMOVED THE TAGS AND CONCEALED THEM IN HER PURSE. BOTH DEFENDANTS THEN EXITED THE STORE PASSING ALL POINTS OF PURCHASE WITHOUT ATTEMPTING TO PAY FOR THE ITEMS. AS THEY LEFT THE STORE, MR WHITLER STOPPED THEM AND NOTIFIED THIS AGENCY. I SPOKE WITH THE DEFENDANTS INDEPENDENTLY, READ THEM EACH THEIR MIRANDA WARNINGS. BOTH DEFENDANTS ADVISED THEY UNDERSTOOD THEIR RIGHTS AND WOULD SPEAK WITH ME AT THIS TIME. DEFENDANT TWO, MR DELMAIN, INITIALLY STATED THAT HE DID NOT KNOW THAT DEFENDANT ONE, MS BOYINGTON, WAS GOING TO TAKE THE ITEMS; HOWEVER, AFTER SPEAKING WITH HIM FOR SEVERAL MINUTES, HE ACKNOWLEDGED THAT HE KNEW SHE WAS GOING TO STEAL THEM AND AT ONE POINT SHE EVEN TOLD HIM NOT TO WORRY ABOUT PAYING FOR THEM. HE ADVISED THAT HE WAS AWARE OF THE FLIP-FLOPS AND TWO SHIRTS; HOWEVER, HE THOUGHT SHE HAD PUT ONE OF THE SHIRTS BACK. I THEN SPOKE WITH DEFENDANT ONE, MS BOYINGTON, WHO CORROBORATED DEFENDANT TWO’S, MR DELMAIN, STATEMENT AND ADVISED THAT SHE DID IN FACT TELL HIM WHEN HE QUESTIONED THE PRICE NOT TO WORRY ABOUT IT AS SHE CONCEALED IT IN HER PURSE. BOTH DEFENDANTS WERE PLACED UNDER ARREST, HANDCUFFED, BEHIND THEIR BACKS, (DOUBLE LOCKED), SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. EACH DEFENDANT’S BOND WAS SET AT $250.00, PER THE BOND SCHEDULE. A PHOTOGRAPH OF THE ITEMS TAKEN AND RECOVERED WILL BE PLACED IN RECORDS. |
