| Probable cause affidavit: |
SUBMITTED BY: MARSHALL, EVAN 1336 (AR 16-19002)(16-48202) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: WAL-MART OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN FIVE THOUSAND DOLLARS ($5,000.00), TO WIT: AN I-PHONE SIX, AN I-PHONE FIVE-S, AND AN I-POD TOUCH VALUED AT APPROXIMATELY $1,269.00 BEFORE TAXES, 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 STATUTES 812.014. DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, WAL-MART, TO WIT: TWO CO2 PISTOLS, PELLET AMMUNITION, AND CO2 BOTTLES SAID PROPERTY BEING OF A VALUE OF $68.69 BEFORE TAX, 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, AND THE PROPERTY STOLEN WAS VALUED AT $100.00 OR LESS, THUS THE OFFENDER COMMITS PETIT THEFT OF THE FIRST DEGREE, PUNISHABLE AS A MISDEMEANOR OF THE FIRST DEGREE AS PROVIDED IN FLORIDA STATE STATUTE 775.082 OR 775.083, AND IS IN VIOLATION OF FLORIDA STATE STATUTE 812.014(3)(A). UPON FURTHER REVIEW OF DEPUTY BANGâS REPORT AND ARREST ON OCCUSS REED, IT WAS DETERMINED THE DEFENDANT, MR JOSEPH ALVAREZ, WAS WITH MR REED ON 040716, WHEN THE DEFENDANT AND MR REED WERE AT WAL-MART IN LECANTO. MR REED STATED THE DEFENDANT STOLE A BOX OF BBâS FOR THE BB GUN THAT MR REED HAD STOLEN. MR REED STATED THE DEFENDANT CONCEALED THE BBâS AND LEFT THE STORE PASSING ALL POINTS OF SALE. UPON FURTHER REVIEW OF LOSS PREVENTION OFFICER MR ROBERT GROSSâ REPORT, LOSS PREVENTION OFFICER GROSS STATED UPON REVIEWING SURVEILLANCE HE ADVISED MR REED AND MR ALVAREZ ENTERED THE STORE AND CONCEALED THE BB GUNS AND AMMO AND EXITED THE STORE PASSING ALL POINTS OF SALE WITHOUT MAKING AN ATTEMPT TO PAY FOR THE MERCHANDISE. LOSS PREVENTION OFFICER GROSS ALSO STATED THAT MR REED ENTERED THE STORE AGAIN, SELECT AND CONCEALED THE CO2 CANISTERS EXITED THE STORE PASSING ALL POINTS OF SALE WITHOUT MAKING AN ATTEMPT TO PAY FOR THE MERCHANDISE. UPON FURTHER REVIEW OF DEPUTY BANGâS REPORT, AS WELL AS LOSS PREVENTION OFFICER GROSSâS REPORT, IT WAS DETERMINED ON 041016 THAT MR REED AND THE DEFENDANT ENTERED THE WAL-MART IN LECANTO AND PROCEEDED TO THE SPORTING GOODS AREA WHERE MR REED OBTAINED A POCKET KNIFE. LOSS PREVENTION OFFICER GROSS STATED THAT THE DEFENDANT AND MR REED THEN WENT TO THE ELECTRONICS DEPARTMENT. USING THE KNIFE, MR REED REMOVED AN I-PHONE FIVE, AN I-PHONE SIX, AND AN I-POD TOUCH FROM THE DISPLAY CASES AND PROCEEDED TO THE FRONT OF THE STORE. LOSS PREVENTION OFFICER GROSS STATED HE OBSERVED MR REED PLAYING ON THE I-POD AND THE I-POD CLEARLY VISIBLE IN THE HAND OF DEFENDANT ALVAREZ. LOSS PREVENTION OFFICER STATED THAT BOTH MR REED AND THE DEFENDANT PASSED ALL POINTS OF SALE WITHOUT ANY ATTEMPTS TO PAY FOR THE MERCHANDISE AND EXITED THE STORE. ACCORDING TO DEPUTY BANGâS REPORT, MR REED INFORMED HIM THAT HE AND THE DEFENDANT RAN FROM THE STORE WITH THE ITEMS AND AS THE DEFENDANT REACHED IN HIS POCKET AND PULLED OUT ONE OF THE CELLULAR PHONES, WHICH HAD A CRACK ON THE SCREEN. MR REED STATED THE DEFENDANT WAS UPSET BECAUSE HE TOLD MR REED HE WAS GOING TO PAWN THE TELEPHONE AND THE DEFENDANT SMASHED THE CELLULAR PHONES IN THE ROADWAY. THE CELLULAR PHONES WERE RECOVERED BY DEPUTY BANG AND RETURNED TO WAL-MART THE NIGHT MR REED WAS ARRESTED. ON 041216, I RECEIVED A TELEPHONE CALL FROM DEFENDANT ALVAREZ WHO STATED TO ME HE HEARD DEPUTY BANG WAS LOOKING FOR HIM IN REFERENCE TO THE THEFT HE COMMITTED AND WANTED TO TURN HIMSELF IN. I RESPONDED TO THREE NEW FLORIDA AVENUE, BEVERLY HILLS, AND MADE CONTACT WITH THE DEFENDANT. I READ THE DEFENDANT MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE DID. I THEN ASKED HIM IF HE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH HE ADVISED THAT HE DID. I ASKED THE DEFENDANT ABOUT THE NIGHT HE AND MR REED HAD GONE TO WAL-MART AND STOLE THE BB GUNS, AMMO, AND CO2 CARTRIDGES. THE DEFENDANT STATED HE WAS IN THE STORE WITH MR REED THAT NIGHT AND OBSERVED HIM STEALING THE ITEMS, HOWEVER AT NO TIME DID HE PARTICIPATE IN STEALING THE ITEMS. THE DEFENDANT STATED HE DID PLAY WITH THE STOLEN ITEMS IN THE PARKING LOT WITH MR REED HOWEVER HE DID NOT STEAL THEM. I ASKED THE DEFENDANT ABOUT THE NIGHT OF 041016. THE DEFENDANT STATED THAT HE DID GO TO WAL-MART WITH MR REED AND THAT MR REED DID PRY OPEN THE ELECTRONICS CASES AND OUT OF THE CASES THEY TOOK THE I-PHONE SIX, I-PHONE FIVE-S, AND I-POD TOUCH. THE DEFENDANT STATED HE DID TOUCH THE ITEMS INSIDE THE STORE AND DID EXIT THE STORE WITH MR REED PASSING ALL POINTS OF SALE WITH NO INTENTION OF PAYING FOR THE MERCHANDISE THEY HAD CONCEALED. THE DEFENDANT STATED HE DID SMASH THE CELLULAR PHONES IN THE ROADWAY DUE TO ONE OF THE SCREENS BEING CRACKED. THE DEFENDANT ASKED ME TO MENTION IN THIS REPORT THAT HE REASONS FOR THE ACTIONS THAT NIGHT WERE BECAUSE HE WAS HIGH ON LSD AS WELL AS ALCOHOL AND THAT HE IS A CHRONIC DRUG USER DUE TO HIS ANXIETY AND NEEDS HELP. I ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST. THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. SEE OTHER REPORTS UNDER THIS CASE NUMBER FOR MORE INFORMATION ON THIS CASE. THE DEFENDANTâS BOND WAS SET AT $2,000.00 FOR GRAND THEFT, $500.00 FOR PETIT THEFT FOR A TOTAL BOND OF $2,500.00 PER THE BOND SCHEDULE. |
