| Probable cause affidavit: |
SUBMITTED By: WILLIAMS, ROBERT 0714 (AR13-4716) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, INVERNESS WAL-MART, OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN FIVE THOUSAND DOLLARS ($5,000.00), TO WIT: A 50â FLAT SCREEN HD VIZIO TELEVISION, 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 STATUTE, 812.014(2)(C)(1). did unlawfully traffic in or endeavor to traffic in property that THE DEFENDANT knew, or should have known, was stolen, to-wit: A 50â FLAT SCREEN HD VIZIO TELEVISION, the property of THE INVERNESS WAL-MART, in violation of Florida Statute 812.019(1). ON 030213, AT APPROXIMATELY 1700 HOURS, I WAS DISPATCHED TO 2461 EAST GULF TO LAKE HIGHWAY IN INVERNESS, IN REFERENCE TO A THEFT THAT HAD JUST OCCURRED. UPON ARRIVAL, I MADE CONTACT WITH THE COMPLAINANT, MR JOSEPH COMPOSTELLA. HE ADVISED THAT A KNOWN PERSON, DEFENDANT JOHNNY BAXTER, HAD JUST PASSED ALL FINAL POINTS OF SALE WITHOUT PURCHASING A 50â VIZIO HD FLAT SCREEN TELEVISION VALUED AT $580.80. THE COMPLAINANT ADVISED HE LOCATED THE TELEVISION IN THE DEFENDANTâS SHOPPING CART. THE COMPLAINANT ADVISED THAT HE DID NOT OBSERVE THE DEFENDANT MAKE THIS SELECTION, HOWEVER, HE DID OBSERVE THE DEFENDANT WHEN HE LEFT THE STORE. THE COMPLAINANT ADVISED ME THAT BEFORE HE COULD DETAIN THE DEFENDANT, HE HAD TO REVIEW VIDEO SURVEILLANCE FOOTAGE, AND PRIOR TO DOING SO, THE DEFENDANT HAD ALREADY LEFT THE AREA WITH THE TELEVISION. THE COMPLAINANT STATED THE DEFENDANT LEFT IN A SILVER, FOUR DOOR NISSAN VEHICLE, BEARING FLORIDA TAG, 821IYW. THE COMPLAINANT THEN SHOWED ME VIDEO SURVEILLANCE FOOTAGE, WHERE I OBSERVED THE DEFENDANT PLACE A TELEVISION IN TO HIS SHOPPING CART, LOCATED JUST IN FRONT OF THE ELECTRONICS SECTION IN WAL-MART, AT 1550 HOURS ON TODAYâS DATE. I THEN OBSERVED THE DEFENDANT PROCEED WEST IN THE STORE TOWARDS THE GROCERY SECTION, BEFORE TURNING SOUTH AND WALKING TOWARD THE âGMâ EXIT LOCATED ON THE SOUTHWEST SIDE OF THE STORE. I FURTHER OBSERVED THE DEFENDANT VIA SURVEILLANCE FOOTAGE TO THEN TURN EAST INSIDE THE STORE, WHERE HE PASSED ALL FINAL POINTS OF SALE WITHOUT PAYING FOR THE TELEVISION INSIDE HIS SHOPPING CART. AT THAT TIME, THE DEFENDANT EXITED OUT THE SOUTH EAST ENTRANCE OF THE STORE. THE COMPLAINANT FURTHER PROVIDED ME WITH ADDITIONAL VIDEO FOOTAGE SHOWING THE DEFENDANT OUTSIDE OF THE STORE. I THEN OBSERVED THE DEFENDANT BEGIN WALKING WEST, WHERE A SILVER NISSAN VEHICLE WAS SEEN TRAVELING TOWARD HIM BEFORE THE VEHICLE AND THE DEFENDANT WENT OUT OF FRAME. DEPUTY MOORE (0619) WAS ALSO ON SCENE, AND ADVISED THAT HE HAD ALREADY REVIEWED THE SURVEILLANCE VIDEO AND CONDUCTED A âDAVIDâ QUERY. DEPUTY MOORE WAS ABLE TO POSITIVELY IDENTIFY THE DEFENDANT AS THE SUBJECT WHO STOLE THE TELEVISION. THE COMPLAINANT PROVIDED ME WITH A SWORN WRITTEN STATEMENT WHICH WAS LATER TURNED IN TO RECORDS. THE VIDEO SURVEILLANCE WAS SUBSEQUENTLY BURNED ONTO A CD, COLLECTED AND WILL BE TURNED IN TO THE CITRUS COUNTY SHERIFFâS OFFICE EVIDENCE DIVISION. I COMPLETED A PROPERTY RECEIPT, WHICH THE COMPLAINANT SIGNED. THE COMPLAINANT WAS PROVIDED WITH A CASE NUMBER AND ADVISED TO CONTACT THIS AGENCY WITH ANY FURTHER INFORMATION. I THEN CONDUCTED AN âAEGISâ CHECK FOR THE DEFENDANT, WHICH REVEALED AN ADDRESS OF 1188 LONELY OAKS DRIVE IN INVERNESS. DEPUTY DOWLING AND I THEN RESPONDED TO THAT RESIDENCE. UPON ARRIVAL, I MADE CONTACT WITH THE DEFENDANT, WHO I IMMEDIATELY READ MIRANDA WARNING TO VIA PRE-PRINTED AGENCY CARD. THE DEFENDANT THEN STATED HE UNDERSTOOD HIS RIGHTS AND AGREED TO SPEAK WITH ME. I INITIALLY ASKED THE DEFENDANT IF HE KNEW WHY I WAS SPEAKING WITH HIM, WHERE HE STATED THAT HE DID NOT. AFTER I TOLD HIM THAT I WAS THERE IN REFERENCE TO AN INCIDENT WHICH OCCURRED AT THE INVERNESS WAL-MART THIS AFTERNOON, THE DEFENDANT IMMEDIATELY STATED HE WAS GOING TO BE HONEST AND THAT HE HAD STOLEN A TELEVISION FROM THE THAT STORE THIS AFTERNOON. HE ADVISED THAT HE ENTERED THE STORE, PLACED THE TELEVISION IN HIS SHOPPING CART, AND PASSED ALL FINAL POINTS OF SALE WITHOUT ANY ATTEMPT TO PAY FOR THE TELEVISION. HE FURTHER ADVISED THAT ONCE OUTSIDE OF WAL-MART, HE GOT IN TO A VEHICLE OCCUPIED BY âGABBYâ, (UNKNOWN LAST NAME) MS GENEVIEVE DAVIS AND MR GARRETT BENJAMIN. HE ADVISED THAT GABBY WAS DRIVING AND THEY HAD DROPPED GARRETT OFF AT A LOCAL STORE BEFORE GOING TO MEET A MR FRANK HALLOCK. THE DEFENDANT STATED THAT HE HAD SPOKEN TO MR HALLOCK ON THE TELEPHONE EARLIER THIS AFTERNOON. HE ASKED MR HALLOCK IF HE WAS INTERESTED IN BUYING A TELEVISION, WHERE MR HALLOCK ADVISED HE WOULD PURCHASE ONE FOR $200.00. THE DEFENDANT STATED THAT HE THEN MET WITH MR HALLOCK AT THE INTERSECTION OF KENSINGTON AVENUE AND HAMILTONIAN STREET IN INVERNESS. THE DEFENDANT STATED THAT ONCE THEY MET WITH MR HALLOCK, HE SOLD HIM THE STOLEN TELEVISION FOR $200.00. THE DEFENDANT FURTHER ADVISED ME THAT WHEN HE SOLD THE TELEVISION, IT WAS STILL IN ITS ORIGINAL PACKAGING AND MR HALLOCK DID NOT KNOW HE HAD JUST STOLEN IT. THE DEFENDANT ADVISED THAT THE OCCUPANTS IN THE VEHICLE HAD NO KNOWLEDGE HE HAD STOLEN THE TELEVISION, AND THEY BELIEVED THAT HE HAD PURCHASED IT WITH A CHECK HE HAD RECEIVED TODAY. I THEN MADE CONTACT WITH MS GENEVIEVE DAVIS, WHO ADVISED THAT SHE HAD ONLY OCCUPIED THE VEHICLE WITH THE DEFENDANT AND SHE HAD NOTHING TO DO WITH STEALING THE TELEVISION. SHE ALSO ADVISED SHE HAD NO KNOWLEDGE THAT THE DEFENDANT HAD JUST STOLEN THE TELEVISION. DEFENDANT BAXTER AND MS DAVIS COMPLETED SWORN WRITTEN STATEMENTS WHICH WERE LATER SUBMITTED TO RECORDS. I PLACED THE DEFENDANT UNDER ARREST, WHERE HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SEATED IN THE REAR OF MY PATROL VEHICLE. I THEN TRANSPORTED THE DEFENDANT THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS CHARGED WITH ONE COUNT OF GRAND THEFT (OVER $300.00 AND UNDER $5,000.00) WITH HIS BOND SET AT $2,000.00, AND ONE COUNT OF DEALING IN STOLEN PROPERTY WITH HIS BOND SET AT $5,000.00. |
