| Probable cause affidavit: |
SUBMITTED: MARSHALL, EVAN 1336 (15-73320) (AR15-15272) DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, WALMART, TO WIT: MERCHANDISE, SAID PROPERTY BEING OF A VALUE OF $95.65 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 STATE STATUTE 812.014(3)(a). ON 060415, I RESPONDED TO 2461 EAST GULF TO LAKE HIGHWAY, WALMART, IN INVERNESS, IN REFERENCE TO A SHOPLIFTER IN CUSTODY. UPON ARRIVAL, I MADE CONTACT WITH LOSS PREVENTION OFFICER/COMPLAINANT, MR JOSEPH COMPOSTELLA, WHO ADVISED ME THE DEFENDANT, MR KEVIN RUANE, HAD STOLEN ONE 12'' SUBWOOFER, ONE VISOR MIRROR, AND ONE TOGGLE SWITCH TOTALING $95.65. THE COMPLAINANT ADVISED ME THAT HE NOTICED THE DEFENDANT IN THE STORE ACTING SUSPICIOUSLY AND OBSERVED THE DEFENDANT TO PLACE THE SUBWOOFER AND MIRROR IN HIS SHOPPING CART ALONG WITH PLACING THE TOGGLE SWITCH IN HIS POCKET. THE COMPLAINANT THEN ADVISED THAT THE DEFENDANT PASSED ALL POINTS OF SALE, SHOWING NO ATTEMPT TO PAY FOR THE ITEMS IN HIS CART AND IN HIS POCKET. THE COMPLAINANT THEN ADVISED ME THAT HE APPREHENDED THE DEFENDANT IN THE VESTIBULE WHERE THE DEFENDANT WAS COMPLIANT, HANDED OVER THE PROPERTY to the COMPLAINANT AND WAITED IN THE LOSS PREVENTION OFFICE UNTIL I ARRIVED. I VIEWED THE VIDEO SURVEILLANCE FOOTAGE, CONFIRMING THE ABOVE STATEMENTS FROM the COMPLAINANT WERE INDEED TRUE. I READ THE DEFENDANT HIS MIRANDA WARNING AT 1329 HOURS VIA AGENCY PREPRINTED CARD. the DEFENDANT ADVISED THAT HE UNDERSTOOD HIS RIGHTS and STATED THAT HE WOULD SPEAK WITH ME AT THIS TIME. I ASKED the DEFENDANT IF HE HAD STOLEN THE ITEMS AND HE STATED THAT HE HAD AND IT WAS A STUPID MISTAKE. THE DEFENDANT STATED HE WAS RUSHING TO GET HIS GIRLFRIEND TO COURT AND HAD ACTED WITHOUT THINKING. THE DEFENDANT WAS ADVISED HE WAS BEING PLACED UNDER ARREST, 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. I COLLECTED THE SWORN WRITTEN STATEMENT AND TWO RECEIPTS TOTALING THE ITEMS THE DEFENDANT HAD TAKEN FROM the COMPLAINANT WHICH WERE TURNED IN TO RECORDS. I COLLECTED A SURVEILLANCE DVD FROM THE COMPLAINANT WHICH WAS TURNED IN TO EVIDENCE. THE DEFENDANTâS BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. |
