| Probable cause affidavit: |
SUBMITTED BY: NOCELLA, TIMOTHY 0724 (16-31833) (AR16-18560) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WAL-MART, TO WIT: IPAD MINI AND IPAD AIR, 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 $898.00, IN VIOLATION OF FLORIDA STATE STATUTE 812.015(8). did unlawfully traffic in or endeavor to traffic in property that THE DEFENDANT knew or should have known was stolen, to-wit: IPADS, the property of WALMART, in violation of Florida Statute 812.019(1). ON 030816 AT APPROXIMATELY 1120 HOURS, I RESPONDED TO WAL-MART LOCATED AT 6885 SOUTH SUNCOAST BOULEVARD, IN HOMOSASSA, IN REFERENCE TO A THEFT. UPON ARRIVAL, CONTACT WAS MADE WITH THE COMPLAINANT/LOSS PREVENTION OFFICER, MS ARELYS LEON, WHO ADVISED THAT ON 030616 EMPLOYEES FOUND AN IPAD IN THE APPAREL SECTION OF THE STORE. UPON REVIEWING VIDEO SURVEILLANCE TO SEE WHERE IT HAD COME FROM, THEY DISCOVERED THAT ON 030516 AT APPROXIMATELY 2216 HOURS, A WHITE MALE SUBJECT ENTERED THE ELECTRONICS AREA OF THE STORE AND CRAWLED BEHIND THE REGISTER, OPENING THE CABINET WHERE THE IPADS WERE KEPT, REMOVING SEVERAL ITEMS AND CONCEALING THEM UNDER HIS SHIRT. HE WAS OBSERVED ON VIDEO LEAVING THE ELECTRONICS DEPARTMENT WHERE HE LEFT ONE IPAD IN THE APPAREL DEPARTMENT AND THEN EXITED THE STORE PASSING ALL POINTS OF SALE ATTEMPTING TO MAKE NO ATTEMPT TO PURCHASE THE ITEMS. THE VIDEO SURVEILLANCE SHOWED THE SUBJECT ENTER A RED SPORTS UTILITY VEHICLE AND DRIVE OUT OF THE PARKING LOT. THE COMPLAINANT ADVISED THAT THE SUBJECT LOOKED FAMILIAR TO HER AND PROVIDED A DRIVER'S LICENSE NUMBER FOR A SUBJECT THEY HAD PREVIOUSLY HAD INTERACTION WITH. THE SUBJECT WAS IDENTIFIED AS THE DEFENDANT, MR KEVIN KENNEDY. THE COMPLAINANT THEN PROVIDED ME WITH A COPY OF THE VIDEO SURVEILLANCE AND A RECEIPT LISTING THE VALUE TO THE ITEMS TAKEN, WHICH WERE TURNED IN TO EVIDENCE. UPON CONDUCTING RESEARCH ON THE DEFENDANT IN AEGIS, IT SHOWED PREVIOUS CASES OF HIM DRIVING A RED FORD ESCAPE WHICH MATCHES THE DESCRIPTION OF THE VEHICLE IN THE VIDEO. I RESPONDED TO THE DEFENDANT'S RESIDENCE AT 1535 NORTH ENDECOTT POINT, IN CRYSTAL RIVER, WHERE I MADE CONTACT WITH HIM. I THEN 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 WOULD. UPON QUESTIONING HIM ABOUT HIS WHEREABOUTS ON 030516 AT APPROXIMATELY 2200 HOURS, HE ADVISED THAT HE WAS AT THE WAL-MART IN HOMOSASSA. UPON FURTHER QUESTIONING, HE CONFESSED TO TAKING THE IPADS FROM THE ELECTRONICS DEPARTMENT AND LEAVING ONE BEHIND IN THE STORE. HE ADVISED HE STOLE THE TWO IPADS TO SUPPORT HIS DRUG HABIT AND THAT HE SOLD THEM BOTH FOR UNDER $100.00 BUT WOULD NOT PROVIDE ANY INFORMATION ON WHO THE ITEMS WERE SOLD TO OR WHERE. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, (DOUBLE LOCKED), BEHIND HIS BACK, SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING THE DEFENDANTâS BOND WAS SET AT $2,000.00 FOR THE GRAND RETAIL THEFT AND $5,000.00 FOR DEALING IN STOLEN PROPERTY FOR A TOTAL OF $7,000.00, PER THE BOND SCHEDULE. |
