| Probable cause affidavit: |
SUBMITTED BY: STANTON, JOE 0260 AR10117858) DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, BEALL'S DEPARTMENT STORE, TO WIT: THE DEFENDANT TOOK A PAIR OF SIZE TEN "KSWISS" TENNIS SHOES, AND ALSO A WHITE ATONEMENT SIZE MEDIUM TEE-SHIRT, SAID PROPERTY BEING OF A VALUE OF $95.00, 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 STATE STATUTE 812.014(3)(a). ON 111010 AT APPROXIMATELY 1001 HOURS, I WAS DISPATCHED TO THE BEALL'S DEPARTMENT STORE LOCATED AT 2851 EAST GULF TO LAKE HIGHWAY IN INVERNESS, IN REFERENCE TO A RETAIL THEFT WITH A SHOPLIFTER IN CUSTODY. UPON MY ARRIVAL AT APPROXIMATELY 1016 HOURS, I MADE CONTACT WITH A WITNESS, WHO IS A BEALL'S SECURITY EMPLOYEE, MR TRAVIS HUNTER. WITNESS HUNTER STATED THAT HE OBSERVED THE DEFENDANT VIA CLOSED CIRCUIT TELEVISION, IDENTIFIED AS MR JOSHUA MCNALL, ENTER THE STORE AND PROCEED TO THE SHOE DEPARTMENT. WITNESS HUNTER THEN OBSERVED DEFENDANT MCNALL SELECT A PAIR OF SHOES WHICH WERE LATER IDENTIFIED AS KSWISS, SIZE TEN TENNIS SHOES VALUED AT $75.00, AND PLACE THEM INTO A SHOPPING CART. WITNESS HUNTER ADVISED THAT THE DEFENDANT THEN PROCEEDED TO THE MEN'S SECTION WHERE HE SELECTED SOME SHIRTS AND PLACED THEM INTO HIS CART. DEFENDANT MCNALL THEN PROCEEDED TO ENTER THE FITTING ROOM AND AFTER A FEW MINUTES, HE EXITED THE FITTING ROOM AT WHICH TIME WITNESS HUNTER NOTICED THAT ONE OF THE TEE SHIRTS THAT THE DEFENDANT HAD ENTERED THE FITTING ROOM WITH WAS MISSING, THE DEFENDANT WAS NOW WEARING THE SHOES HE HAD SELECTED, AND THE DEFENDANT WAS NO LONGER WEARING THE FLIP FLOPS HE HAD ENTERED THE STORE WITH. WITNESS HUNTER ADVISED THAT THE DEFENDANT THEN LEFT THE REST OF THE MERCHANDISE IN THE CART AND PROCEEDED TO LEAVE THE STORE. AFTER PASSING ALL POINTS OF SALE WITHOUT MAKING ANY ATTEMPT TO PAY FOR THE MERCHANDISE, WITNESS HUNTER ADVISED HE APPROACHED DEFENDANT MCNALL OUTSIDE THE STORE AND IDENTIFIED HIMSELF AS BEAL'S SECURITY. AT THAT TIME, WITNESS HUNTER ESCORTED THE DEFENDANT TO THE OFFICE. WHILE IN THE LOSS PREVENTION OFFICE, I OBSERVED A KSWISS TENNIS SHOE BOX ON THE FLOOR WITH THE DEFENDANT'S OLD FLIP FLOPS INSIDE OF THE BOX, AND ALSO OBSERVED BRAND NEW KSWISS TENNIS SHOES ON THE DEFENDANT'S FEET. WHILE COMPLETING PAPERWORK, DEFENDANT MCNALL REMOVED HIS SHIRTS, REMOVING THE ONE SHIRT THAT HE HAD STOLEN FROM BEAL'S, WHICH WAS A WHITE ATONEMENT SIZE MEDIUM TEE SHIRT VALUED AT $20.00. I OBTAINED A STATEMENT FROM WITNESS HUNTER AND PROVIDED HIM WITH A CASE CARD BEARING MY NAME AND THIS CASE NUMBER. A PROPERTY RECEIPT WAS COMPLETED FOR THE RECOVERED STOLEN MERCHANDISE, WITH A COPY PROVIDED TO WITNESS HUNTER. I ALSO OBTAINED A DVD WITH THE VIDEO FOOTAGE OF THE THEFT TO LATER BE TURNED INTO EVIDENCE, AS WELL AS OBTAINED A COPY OF THE RECEIPT WITH A VALUE OF THE STOLEN MERCHANDISE AND PHOTOGRAPH OF THE STOLEN RECOVERED MERCHANDISE TO BE TURNED INTO RECORDS. THE DEFENDANT WAS INFORMED HE WAS UNDER ARREST FOR ONE COUNT OF RETAIL THEFT, WHERE HE WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR OF MY PATROL VEHICLE. DEFENDANT MCNALL WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING, WHERE HIS BOND WAS SET AT $250.00 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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
