| Probable cause affidavit: |
SUBMITTED BY: HOLLOWAY, WILLIAM TODD 0463 (AR14-11834) did unlawfully traffic in or endeavor to traffic in property that SHE knew or should have known was stolen, to-wit: A LEAF BLOWER, the property of WAL-MART, in violation of Florida Statute 812.019(1); AND DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WAL-MART, TO WIT: TWO LEAF BLOWERS AND A PLANT, 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 STATUTES 812.015, 812.014(1), AND 812.014(3)(A). ON 090214, A THEFT WAS REPORTED AT THE INVERNESS WAL-MART LOCATED AT 2461 EAST GULF TO LAKE HIGHWAY. LOSS PREVENTION AGENT JOE COMPOSTELLA ADVISED THAT A WHITE MALE, LATER IDENTIFIED AS DEFENDANT JOSHUA BURGESS, ENTERED THE GARDEN CENTER AND REMOVED TWO MURPHY YARD BLOWERS AND A PLANT WITH A TOTAL VALUE OF $230.85. HE FURTHER STATED THIS WAS WITNESSED BY LOSS PREVENTION MANAGER LARRY REDDING. MR REDDING WAS ABLE TO PROVIDE A DESCRIPTION OF THE VEHICLE ALONG WITH A LICENSE PLATE NUMBER. A SHORT TIME LATER, I AGAIN WAS CONTACTED BY MR COMPOSTELLA WHO ADVISED THAT A WHITE FEMALE, NOW IDENTIFIED AS DEFENDANT KAITLYN WARNKE, WAS AT THE LECANTO WAL-MART LOCATED AT 1936 NORTH LECANTO HIGHWAY, RETURNING ONE OF THE BLOWERS. I ADVISED MR COMPOSTELLA TO ALLOW THE TRANSACTION TO GO THROUGH SO WE COULD DETERMINE WHO THE SUBJECTS WERE. ON 090314, I CONTACTED BOTH DEFENDANTS AT 1001 JONES AVENUE. INITIALLY I SPOKE TO DEFENDANT WARNKE. I ADVISED HER THAT I HAD PROBABLE CAUSE FOR HER ARREST FOR DEALING IN STOLEN PROPERTY. SHE IMMEDIATELY STATED THAT SHE DID NOT STEAL ANYTHING SHE ONLY RETURNED IT. AT THAT POINT, I STOPPED HER AND READ HER MIRANDA VIA AGENCY MIRANDA CARD. DEFENDANT WARNKE AGAIN STATED THAT SHE DID NOT STEAL ANYTHING. I EXPLAINED TO HER THAT WAS WHY SHE WAS ONLY GETTING CHARGED WITH DEALING IN STOLEN PROPERTY. DEFENDANT BURGESS CAME OUT OF THE HOUSE AND SPONTANEOUS UTTERED THAT SHE DID NOT DO ANYTHING AND TO TAKE HIM TO JAIL. I ADVISED HIM THAT I WAS ALSO GOING ARREST HIM. I FURTHER ADVISED THAT I NEEDED THE OTHER BLOWER AND PLANT HE STOLE BACK. INITIALLY HE STATED HE DID NOT HAVE IT. I EXPLAINED IT WOULD HELP HIS COSTS IF THE PROPERTY WAS RETURNED TO WAL-MART. AT THAT POINT, HE WENT INSIDE THE HOUSE AND RETRIEVED THE BLOWER. THE PLANT WAS SITTING TO THE RIGHT OF THE FRONT DOOR. THESE ITEMS WERE LATER RETURNED TO WAL-MART. BOTH SUBJECTS WERE PLACED UNDER ARREST AND TRANSPORTED TO THE COUNTY DETENTION FACILITY. ONCE THERE A POST MIRANDA INTERVIEW WAS CONDUCTED WHERE BOTH SUBJECTS ADMITTED TO THEIR PARTS OF THE THEFT AND ALSO THE RETURNING OF THE BLOWER FOR A GIFT CARD. THE GIFT CARD WAS LATER USED TO BUY OTHER ITEMS AT WAL-MART AND SUPPOSEDLY SOLD TO AN UNKNOWN PERSON BY DEFENDANT BURGESS. DEFENDANT BURGESS WAS CHARGED WITH ONE COUNT OF DEALING IN STOLEN PROPERTY AND ONE COUNT OF RETAIL PETIT THEFT. HIS TOTAL BOND WAS SET AT $6,000.00. |
