| Probable cause affidavit: |
SUBMITTED BY: HINDERHOFER, EDWARD 0667 (AR14-9605) DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, WAL-MART DEPARTMENT STORE, TO WIT: TWO SAMSUNG GALAXY CELL PHONES, SAID PROPERTY BEING OF A TOTAL VALUE OF $139.76, 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(2)(a). ON 032314, AT APPROXIMATELY 1330 HOURS, I RESPONDED TO the WAL-MART IN LECANTO AT 1936 NORTH LECANTO HIGHWAY, IN REFERENCE TO A THEFT THAT HAD ALREADY OCCURRED. UPON ARRIVAL, I MADE CONTACT WITH THE COMPLAINANT, WHO IS A LOSS PREVENTION OFFICER FOR WAL-MART, MR PATRICK HENRY. MR HENRY ADVISED THAT HE OBSERVED A WHITE MALE ACTING SUSPICIOUS AND BEGAN TO CONDUCT SURVEILLANCE ON HIM, AT WHICH TIME HE OBSERVED THE MALE CUT TWO MOBILE CELL PHONES OFF OF THEIR PEG HOOKS AND PROCEEDED TO THE FRONT OF THE STORE WHERE HE DID EXIT PASSING ALL POINTS OF SALE WITHOUT ANY ATTEMPT TO PURCHASE THE PHONES. MR HENRY ADVISED HE ATTEMPTED TO STOP THE MALE, AT which TIME HE TOOK OFF RUNNING. MR HENRY ADVISED HE FOLLOWED HIM AND WATCHED HIM GET INTO A WHITE JEEP GRAND CHEROKEE BEARING FLORIDA TAG NUMBER CDEG90. AT THAT TIME, HE CONTACTED THIS AGENCY FOR ASSISTANCE. MR HENRY ADVISED THAT the TOTAL AMOUNT FOR THE ITEMS, PRE-TAX, WAS $139.76. HE DID PROVIDE ME WITH RECEIPTS FOR the ITEMS, AS WELL AS A COPY OF THE SECURITY FOOTAGE ON A COMPACT DISK AND A PRINTED PHOTOGRAPH OF THE SUSPECT AND SUSPECT VEHICLE. MR HENRY SIGNED A PROPERTY RECEIPT FOR THOSE ITEMS, WHICH WERE LATER TURNED INTO EVIDENCE. THE SUSPECT WAS DESCRIBED AS A WHITE MALE, UNSHAVEN, MID TWENTIES, TALL-SLENDER, WEARING A GRAY T-SHIRT, BLUE CARGO SHORTS, WHITE TENNIS SHOES, AND A BLUE AND ORANGE FLORIDA GATORâS HAT. AT THAT TIME, I PERFORMED A SEARCH IN THE FLORIDA DRIVERâS LICENSE AND VEHICLE INFORMATION DATABASE FOR THE TAG NUMBER THAT the WITNESS PROVIDED. IT DID COME BACK TO A 1999 JEEP UTILITY VEHICLE, WHITE IN COLOR, REGISTERED TO A SHAWN DYER OUT OF PINELLAS PARK, FLORIDA. I CONDUCTED A SEARCH IN AEGIS FOR THAT SUBJECT WHERE I DID LOCATE A LOCAL ADDRESS OF 6305 WEST MANGO LANE, CRYSTAL RIVER. I THEN RESPONDED TO THAT ADDRESS WHERE I DID MAKE CONTACT WITH MR DYER. I ASKED HIM IF HE KNEW THE LOCATION OF HIS VEHICLE AND IF HE KNEW THE SUSPECT IN the PHOTO. MR DYER ADVISED THAT HE DID NOT KNOW the SUBJECT NOR DID HE KNOW WHERE HIS VEHICLE WAS. MR DYER ADVISED THAT HE RAN OUT OF GAS THE NIGHT BEFORE AND LEFT HIS VEHICLE PARKED ON WEST AVOCADO STREET. HE ADVISED THAT SEVERAL PEOPLE in the NEIGHBORHOOD ARE ALLOWED TO USE HIS VEHICLE AND KNOWS THAT HE KEEPS HIS KEYS INSIDE OF IT AND THAT HIS DOOR DOES NOT SECURE. I ASKED MR DYER IF HE COULD SHOW ME THE LOCATION OF WHERE HIS VEHICLE WAS LEFT, TO WHICH HE REPLIED THAT HE WOULD. AT THAT TIME, MR DYER DID ACCOMPANY ME IN MY PATROL VEHICLE. AS I TURNED SOUTH ON ROCK CRUSHER ROAD I OBSERVED A WHITE MALE MATCHING THE EXACT DESCRIPTION OF THE SUSPECT TRAVELLING ONTO WEST AVOCADO STREET FROM ROCK CRUSHER ROAD. the SUSPECT WAS WEARING A GRAY T-SHIRT, BLUE CARGO PANTS AND A DISTINCT BLUE AND ORANGE FLORIDA GATORâS HAT AND WHITE TENNIS SHOES. AT THAT TIME, I EXITED MY PATROL VEHICLE. THE SUSPECT HAD ENTERED A FENCED-IN YARD AT THIS INTERSECTION. I ORDERED the SUBJECT TO COME TOWARDS ME AND EXIT the FENCE, AT WHICH TIME HE ASKED WHY AND STATED THAT HE DID NOT DO ANYTHING. I SHOWED HIM THE PHOTOGRAPH AND ASKED HIM IF the SUBJECT in the PHOTO WAS HIM. HE ADVISED THAT IT WAS NOT. I TOLD THE SUBJECT AGAIN TO EXIT the FENCE, AT WHICH TIME THE SUBJECT BEGAN TO WALK AWAY FROM ME STATING THAT HE DID NOT DO ANYTHING AND LOOKED AROUND AS IF HE WAS GOING TO FLEE. I THEN DREW MY AGENCY ISSUED TASER, TURNED IT ON, AND POINTED the LASER AT the SUBJECT. I ORDERED HIM TO the GROUND, AT WHICH TIME HE WAS THEN DETAINED. AT THAT TIME, I READ HIM HIS MIRANDA RIGHTS VIA PRE-PRINTED AGENCY ISSUED CARD. HE ADVISED THAT HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK TO ME. I ADVISED HIM THAT I WAS INVESTIGATING A THEFT AT THE WAL-MART IN LECANTO AND SHOWED HIM the PHOTOGRAPH. I ASKED HIM IF THAT WAS HIM, TO WHICH HE REPLIED THAT IT WASNâT. THE SUBJECT WAS THEN IDENTIFIED AS MR JOHN STEVEN LOUALLEN. MR LOUALLEN STATED THAT IT WAS JUST A MISDEMEANOR: AND that HE WILL BE OUT IN AN HOUR. AT THAT TIME HE WAS SECURED IN THE REAR OF MY PATROL VEHICLE. PRIOR TO GOING TO THE JAIL, I MADE CONTACT WITH MR DYER, WHO ADVISED THAT HE DID NOT WISH TO REPORT HIS VEHICLE STOLEN. HE ADVISED THAT SEVERAL PEOPLE HAVE PERMISSION TO USE HIS VEHICLE AND HE would CONTACT THIS AGENCY back SHOULD HE NEED ASSISTANCE. MR LOUALLEN WAS TRANSPORTED TO THE CITRUS COUNTY JAIL FOR BOOKING AND PROCESSING. LATER ON WHILE TALKING TO MR LOUALLEN AT the JAIL, HE DID ADMIT TO RIDING AS A PASSENGER in the WHITE JEEP. HE ALSO STATED THAT I GOT LUCKY FINDING HIM BECAUSE HE WAS PREPARING TO LEAVE THE AREA. THE DEFENDANT THEN PROVIDED A FULL POST MIRANDA CONFESSION ADVISING that HE WALKED OUT OF THE WAL-MART STORE WITH the CELL PHONES. AT THAT TIME, HE SAW THE LOSS PREVENTION OFFICER START CHASING HIM. HE ADVISED HE THEN RAN BACK TO THE WITH JEEP WHERE HE WAS DRIVEN AWAY FROM THE AREA. HE ADVISED HE THEN WENT BACK TO A HOUSE ON ROCK CRUSHER ROAD AND GOT ON HIS BICYCLE, AT WHICH TIME HE WAS APPROACHED BY MYSELF. MR LOUALLEN STILL REFUSED TO PROVIDE THE LOCATION OF THE STOLEN ITEMS, THE VEHICLE, OR the IDENTITY OF THE PERSON HE WAS WITH. WHILE AT the JAIL, I DID TAKE PHOTOGRAPHS OF THE DEFENDANT FOR COMPARISON TO the SURVEILLANCE FOOTAGE. THE DEFENDANT BOND WAS SET AT 250.00, PER the BOND SCHEDULE. |
