| Probable cause affidavit: |
SUBMITTED BY: CHENOWETH, JACOB 0708 (AR11119886) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: CASH FROM THE REGISTER, OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN TWENTY THOUSAND DOLLARS ($20,000.00), 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'S STATUTES 812.014(2)(C)(1). ON 032211 AT APPROXIMATELY 1935 HOURS, I WAS DISPATCHED TO 3795 S SUNCOAST BOULEVARD IN HOMOSASSA (DIXIE HARVEST PRODUCE) IN REFERENCE TO A THEFT THAT HAD ALREADY OCCURRED. UPON ARRIVAL, I MADE CONTACT WITH THE COMPLAINANT, MR JEFFERSON ROGERS, WHO ADVISED THAT MR JOSHUA CAPOVILLA LATER IDENTIFIED AS THE DEFENDANT HAD BEEN TAKING MONEY FROM THE REGISTER AT THE END OF HIS SHIFT FOR APPROXIMATELY EIGHT WEEKS. THE COMPLAINANT ADVISED THAT THEY HAD A MEETING ON THURSDAY 031711 AND ADVISED ALL EMPLOYEES THAT THEY WILL NO LONGER BE TAKING THEIR OWN PAY FROM THE REGISTER AT THE END OF THEIR SHIFT. ALL EMPLOYEES WILL BE GETTING A CHECK ON TUESDAYS OF EACH WEEK. ON 031811 AND 031911, THE COMPLAINANT HAD INSTALLED VIDEO SURVEILLANCE IN THE OFFICE PART OF THE PRODUCE STAND WHERE THE EMPLOYEES COUNT THE MONEY. ON 032011 AND 032111 THE DEFENDANT HAD ENTERED THE OFFICE PORTION OF THE PRODUCE STAND, SAT AT THE DESK AND BEGAN COUNTING THE MONEY AT THE END OF HIS SHIFT. THE DEFENDANT FIGURED OUT WHAT THE DRAWER SHOULD BE BY THE Z REPORT. THE DEFENDANT THEN WOULD TAKE THE ADDITIONAL MONEY FROM THE REGISTER AND PLACE IT TO THE SIDE. THE DEFENDANT THEN WOULD PLACE ALL PAPERWORK AND MONEY IN THE DRAWER AND PLACE IT IN THE DESK FOR THE ONCOMING SHIFT. THE MONEY THE DEFENDANT HAD SET ASIDE, HE WOULD THEN TAKE IT AND PLACE IT IN HIS WALLET. I OBSERVED THIS ACTIVITY ON THE VIDEO SURVEILLANCE FROM BOTH DATES MENTIONED. I ASKED THE COMPLAINANT HOW THE DRAWER WOULD BE ABOVE THE AMOUNT OF THE Z REPORT, TO WHICH HE REPLIED THAT THE DEFENDANT WOULD HIT THE NO SALE BUTTON CAUSING THE REGISTER TO OPEN AND DO THE TRANSACTION WITHOUT PROCESSING IT THROUGH THE REGISTER. THE COMPLAINANT CREATED A COPY OF THE VIDEO SURVEILLANCE ON A FLASH DRIVE WHICH WILL BE TURNED IN TO EVIDENCE. I THEN RESPONDED TO 5321 S JUNE TERRACE IN HOMOSASSA IN REFERENCE TO MAKING CONTACT WITH THE DEFENDANT. UPON ARRIVAL, I MADE CONTACT WITH THE DEFENDANT, ADVISED HIM OF THE ALLEGATIONS, AND GAVE THE DEFENDANT A CHANCE TO EXPLAIN THE ALLEGATIONS BROUGHT UPON HIM. THE DEFENDANT STATED "I WOULD TURN OFF THE RECEIPT PAPER ON THE CASH REGISTER, TYPE IN THE AMOUNT, HIT THE CLEAR BUTTON AND HIT THE NO SALE BUTTON CAUSING THE DRAWER TO OPEN. AT THE END OF THE DAY, I WOULD COUNT THE DRAWER AND FIGURE OUT HOW MUCH MONEY WAS OVER THE Z REPORT. THE AMOUNT ABOVE THE Z REPORT I WOULD THEN TAKE. I AVERAGED $20.00 TO $50.00 PER DAY. I HAVE BEEN DOING THIS FOR ABOUT EIGHT WEEKS AND I HAVE TAKEN AROUND $400.00." THE DEFENDANT PROVIDED A SWORN WRITTEN STATEMENT WHICH WILL BE TURNED IN TO RECORDS. THE DEFENDANT WAS ADVISED HE WAS BEING PLACED UNDER ARREST FOR GRAND THEFT, HANDCUFFED, BEHIND HIS BACK, (DOUBLE LOCKED), SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT $2,000.00, PER THE BOND SCHEDULE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
