| Probable cause affidavit: |
SUBMITTED BY: MARSHALL, EVAN 1336 (AR 15-17049) DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, DOLLAR GENERAL, TO WIT: TWO PACKAGES OF HANES T-SHIRTS VALUED AT APPROXIMATELY $8.95 EACH, SAID PROPERTY BEING OF A VALUE OF $17.95 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). UPON ARRIVAL, CONTACT WAS MADE WITH WITNESS, MS TERESA RODRIGUEZ WHO IS THE MANAGER OF THE BUSINESS. THE WITNESS STATED WHILE WATCHING THE CAMERA FEED IN HER OFFICE, SHE OBSERVED A HISPANIC MALE, APPROXIMATELY THIRTY YEARS OLD, WEARING A BLACK T-SHIRT, BLACK HAT, AND BLACK AND RED SHORTS, WITH A FULL BEARD PACING BACK AND FORTH IN THE MENâS AND BOYâS AISLE. SHE THEN OBSERVED THE SUBJECT REMOVE TWO PACKAGES OF WHITE T-SHIRTS OFF THE RACK AND PUT THEM DOWN HIS PANTS. THE WITNESS STATED SHE THEN FOLLOWED THE SUSPECT AS HE WALKED TO THE COUNTER, PAID IN CASH FOR A ROLL OF PAPER TOWELS VALUED AT $1.00, BUT DID NOT SEE HIM PAY FOR THE T-SHIRTS, WHICH WERE AT THAT POINT, STILL IN HIS PANTS. THE WITNESS STATED AS THE SUSPECT WAS WALKING OUT OF THE FRONT DOOR SHE ASKED THE CASHIER WHAT THE SUSPECT PURCHASED. AFTER THE CASHIER ADVISED HE PURCHASED PAPER TOWELS SHE CONFRONTED THE SUSPECT AND SAID ââGIVE BACK THE T-SHIRTS, I SAW YOU PUT THEM DOWN YOUR PANTS.ââ THE WITNESS STATED THE SUSPECT LOOKED BACK AT HER AND REPLIED ââI DO NOT KNOW WHAT YOU ARE TALKING ABOUTââ AND CONTINUED TO WALK TO HIS VEHICLE. THE WITNESS STATED AS THE SUSPECT WAS LEAVING, SHE WROTE DOWN HIS FLORIDA LICENSE PLATE NUMBER, 213IZE, AND ADVISED IT WAS A SILVER IN COLOR MERCEDES-BENZ. THE WITNESS STATED THE SUSPECT LEFT THE BUSINESS HEADING EASTBOUND ON GULF TO LAKE HIGHWAY. THE WITNESS ESCORTED ME TO HER OFFICE TO WATCH THE VIDEO FEED. AT APPROXIMATELY 14:52:24 ON CAMERA FIVE, I OBSERVED THE SUSPECT REMOVE WHAT APPEARED TO BE A PACKAGE OF WHITE T-SHIRTS AND PLACE THEM DOWN HIS PANTS. THE SUSPECT CONTINUED TO PACE BACK AND FORTH IN THE AISLE AND THEN WALK TO THE FRONT COUNTER TO WHICH I WAS ADVISED BY THE WITNESS HE WAS ASKING THE EMPLOYEES IF THEY COULD HELP HIM LOCATE ITEMS ON HIS SHOPPING LIST. AT APPROXIMATELY 15:00:15 ON CAMERA FIVE, AFTER THE SUSPECT HAD ALREADY REMOVED A ROLL OF PAPER TOWELS FROM ANOTHER SHELF, I OBSERVED THE SUSPECT REMOVE ANOTHER PACKAGE OF WHITE T-SHIRTS FROM THE RACK AGAIN AND CONCEAL THE PACKAGE IN HIS PANTS AS WELL. AT APPROXIMATELY 15:01: ON CAMERA TWO, I OBSERVED THE SUSPECT WALK TO THE FRONT COUNTER, PAY FOR ONE ROLL OF PAPER TOWELS WITH CASH AND COINS, THEN WALK PAST THE POINT OF SALE WITHOUT PAYING FOR ANY OTHER ITEMS. ALSO ON CAMERA ONE, AT APPROXIMATELY 15:01:38, I OBSERVED THE SUSPECT LOOK BACK IN TO THE STORE AS HE WAS EXITING THE FRONT DOOR AND I OBSERVED THE WITNESS RUNNING AFTER HIM, WHICH CORROBORATES THE WITNESSâ STATEMENTS OF ASKING HIM TO RETURN THE ITEMS HE HAD TAKEN. I ASKED THE WITNESS IF SHE OBSERVED THE SUSPECTâS MOVEMENTS AFTER HE PUT THE FIRST PACKAGE OF T-SHIRTS DOWN HIS PANTS. SHE STATED YES, SHE WAS FOLLOWING HIM WHILE SHE WAS ON THE TELEPHONE WITH DISPATCH TO SEE IF HE PUT THE T-SHIRTS BACK OR NOT. THE WITNESS THEN ESCORTED ME TO THE MENâS AND BOYS AISLE AND ADVISED THE SUSPECT TOOK TWO PACKAGES OF HANES MENâS T-SHIRTS VALUED AT $8.95 EACH FOR A TOTAL VALUE OF APPROXIMATELY $17.90. UPON ENTERING THE VEHICLEâS LICENSE PLATE IN THE DRIVER AND VEHICLE INFORMATION DATABASE SYSTEM (D.A.V.I.D.), I DISCOVERED A 2006 SILVER MERCEDES-BENZ TO BE REGISTERED TO MR JOHN ESTEVES. THE D.A.V.I.D. PHOTOGRAPH OF MR ESTEVES MATCHED THE FACIAL FEATURES OF THE SUSPECT I OBSERVED IN THE VIDEO FEED. AT THAT POINT, MR ESTEVES WAS LISTED AS THE PRIMARY SUSPECT IN THIS CASE AND HE WILL BE INTERVIEWED AT A LATER DATE. THE WITNESS ADVISED SHE WOULD PROVIDE A COPY OF THE VIDEO FOOTAGE FOR EVIDENCE. I PHOTOGRAPHED MULTIPLE SCREEN SHOTS OF THE VIDEO FOOTAGE OF THE SUSPECTâS ACTIONS WHILE HE WAS IN THE STORE THE ABOVE REPORT WAS CREATED BY DEPUTY ROSS ON 102715. ON 103115, DEPUTY ROSS CONTACTED MYSELF AND STATED HE HAD PROBABLE CAUSE FOR THE ARREST OF THE DEFENDANT MR JOHN ESTEVES. I RESPONDED TO 1379 EAST TRADEWINDS DRIVE, HERANDO. I SPOKE with THE DEFENDANTâS FATHER. THE FATHER STATED THE DEFENDANT WAS NOT HOME AND HE COULD CONTACT HIM ON THE TELEPHONE. I SPOKE with THE DEFENDANT ON the TELEPHONE AND ASKED HIM IF HE HAD WENT TO THE DOLLAR GENERAL ON 102715 AND IF HE HAD STOLEN ANYTHING WHILE THEY WERE THERE. THE DEFENDANT STATED that HE DID GO TO THE DOLLAR GENERAL ON 102715 AND DID INDEED CONCEAL TWO PACKAGES OF T-SHIRTS IN HIS PANTS. HE ADVISED HOWEVER HE REMOVED THEM AND PLACED THEM BACK ON THE SELF AND LEFT THE STORE. I RESPONDED to the DOLLAR GENERAL LOCATED AT 6798 WEST GULF TO LAKE HIGHWAY, WHERE I VIEWED the SURVEILLANCE FOOTAGE OF THE INCIDENT. I OBSERVED THAT DEPUTY ROSS AND the STORE MANAGERâS ACCOUNT OF THE INCIDENT WAS INDEED TRUE AND ACCURATE. ON the SURVEILLANCE VIDEO I CLEARLY SAW THE DEFENDANT SELECT TWO PACKAGES OF T-SHIRTS, CONCEAL THEM IN HIS PANTS, SELECT A ROLL OF PAPER TOWELS, PROCEED TO THE FRONT OF THE STORE WHERE HE PURCHASED THE PAPER TOWELS AND EXITED the STORE, PASSING ALL POINTS OF SALE WITH NO ATTEMPT TO PAY FOR THE PACKAGES OF T-SHIRTS CONCEALED IN HIS PANTS. AT NO TIME ON THE VIDEO SURVEILLANCE FOOTAGE DID THE DEFENDANT REMOVE THE STOLEN ITEMS FROM his PANTS AND PLACE THEM ANYWHERE INSIDE THE STORE. I RESPONDED BACK TO 1379 TRADEWINDS DRIVE WHERE I MADE CONTACT WITH THE DEFENDANT. THE DEFENDANT WAS READ MIRANDA IN WHICH HE STATED HE UNDERSTOOD HIS RIGHTS AND HE WISHED TO SPAEAK WITH ME. I ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST FOR RETAIL THEFT. I ASKED HIM IF HE WANTED TO BE TRUTHFUL ABOUT STEALING THE TWO PACKAGES OF T-SHIRTS. THE DEFENDANT AGAIN STATED HE DID NOT STEAL THE T-SHIRTS FROM THE STORE, THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING THE DEFENDANTâS BOND WAS SET AT $500.00, PER THE BOND SCHEDULE |
