| Probable cause affidavit: |
SUBMITTED BY: SCHANEL, CHARLES 0252 (AR10115298) DID UNLAWFULLY AND WILLFULLY ENTER OR REMAIN IN A STRUCTURE OR CONVEYANCE, TO WIT: THE SHELL GASOLINE STATION, 3502 NORTH LECANTO HIGHWAY IN BEVERLY HILLS, THE PROPERTY OF THE VICTIM, WITHOUT BEING AUTHORIZED, LICENSED, OR INVITED TO DO SO BY THE OWNER, LESSEE, OR THEIR AGENT, IN VIOLATION OF FLORIDA STATE STATUTES 810.09(2)(B). DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, THE SHELL GASOLINE STATION, TO WIT: A MILKY WAY CANDY BAR , SAID PROPERTY BEING OF A VALUE OF $1.00, 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 061010 AT APPROXIMATELY 1645 HOURS, MYSELF AND DEPUTY CASOLA WERE DISPATCHED TO 3502 NORTH LECANTO HIGHWAY IN BEVERLY HILLS, WHICH IS THE BUSINESS ESTABLISHMENT OF THE SHELL GASOLINE STATION, IN REFERENCE TO AN ANONYMOUS CALLER CALLING IN ADVISING THAT A WHITE MALE WEARING AN ANKLE MONITOR WAS YELLING AT THE CASHIER INSIDE THE STORE. UPON ARRIVAL WHILE ENTERING THE BUSINESS, I OBSERVED A WHITE MALE AT THE FRONT COUNTER WEARING AN ANKLE MONITOR AND GIVING THE CASHIER A HARD TIME. THE CASHIER IMMEDIATELY LOOKED UP AT ME AND STATED "YOU MUST BE HERE FOR THIS GENTLEMAN". I ASKED THE CASHIER IF THIS GENTLEMAN WAS INTERFERING WITH THE NORMAL COURSE OF BUSINESS AND SHE STATED YES. AT THAT TIME, IT WAS APPARENT THE CASHIER DID NOT WANT TO SAY ANYTHING FURTHER DUE TO THE DEFENDANT BEING IN CLOSE PROXIMITY TO HER ACROSS THE COUNTER. AT THAT TIME, THE CASHIER ADVISED THE DEFENDANT TO TURN AROUND BECAUSE THE POLICE WERE HERE TO SPEAK WITH HIM. IT WAS APPARENT THE DEFENDANT DID NOT LISTEN TO THE CASHIER DUE TO HIM NOT TURNING AROUND. AT THAT TIME, I ATTEMPTED TO MAKE CONTACT WITH THE DEFENDANT APPROXIMATELY THREE TIMES WHEN I FINALLY GOT HIS ATTENTION. WHEN THE DEFENDANT TURNED AROUND, IT WAS APPARENT HE WAS INTOXICATED DUE TO THE ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON. HE SHOWED SIGNS OF SLURRED SPEECH AND RED GLASSY EYES AND HIS BODY WAS SWAYING BACK AND FORTH FROM LEFT TO RIGHT. IT WAS APPARENT THE DEFENDANT WAS UPSET AND STATED THAT A SHORT TIME AGO HE WANTED TO PURCHASE ITEMS. HE STATED HE LEFT $14 ON THE COUNTER WHEN HE WALKED AWAY TO GET ANOTHER ITEM. HE STATED WHEN HE CAME BACK THE ALLEGED MONEY WAS GONE. HE STATED THAT THE CASHIER OR SOMEONE ELSE HAD TO HAVE TAKEN HIS MONEY. THE CASHIER STATED THAT IN NO WAY DID HE LEAVE ANY MONEY ON THE COUNTER THAT WHEN HE ATTEMPTED TO PAY FOR THE MERCHANDISE AND COULD NOT HE BECAME IRATE WITH HER. THE CASHIER STATED THAT SHE CALLED HER BOSS WHO REQUESTED THAT THE DEFENDANT BE TRESPASSED. WHILE FILLING OUT A FIELD INTERVIEW REPORT (FIR) ON THE DEFENDANT, THE DEFENDANT BEGAN WALKING AROUND THE STORE PICKING UP ITEMS AS IF HE WAS GOING TO PURCHASE THEM. HE WENT OVER TO THE HOTDOG PORTION OF THE STORE, MADE HIMSELF A HOTDOG, AS WELL AS OTHER MISCELLANEOUS ITEMS AND KEPT STALLING AS TO HIM PAYING. HE WAS ADVISED AGAIN BY MYSELF AND DEPUTY CASOLA FOR THE THIRD TIME THAT HE WAS TRESPASSED AND NEEDED TO LEAVE THE BUSINESS ESTABLISHMENT NOW. AS HE WAS WALKING OUTSIDE, HE BEGAN TO THREATEN THE CASHIER WHEN THE CASHIER CALLED OVER DEPUTY CASOLA TO ADVISE HIM THAT THERE WAS A MILKY WAY CANDY THAT THE DEFENDANT PUT IN HIS POCKET WITHOUT PAYING. WHILE I WAS OUTSIDE WITH THE DEFENDANT, HE WAS AGAIN TOLD TWICE TO LEAVE THE PREMISES WHERE HE REFUSED TO LEAVE. I TOLD THE DEFENDANT ANOTHER TIME IF HE REFUSED TO COMPLY WITH MY VERBAL DEMANDS THAT HE WOULD BE ARRESTED FOR TRESPASS AFTER WARNING. THE DEFENDANT BEGAN TO BECOME IRATE, AT WHICH TIME, DEPUTY CASOLA BEGAN TO EXIT THE STORE ADVISING ME THAT THE DEFENDANT HAD STOLEN A CANDY BAR. THE DEFENDANT OVERHEARD DEPUTY CASOLA'S STATEMENT AND AT THAT TIME, THE DEFENDANT BEGAN TO GET UPSET AT DEPUTY CASOLA WHERE HE WAS TOLD TO CALM DOWN. HE THEN VOLUNTARILY REMOVED A CANDY BAR WHICH WAS A MILKY WAY FROM HIS BACK POCKET VOLUNTARILY SHOWING IT TO DEPUTY CASOLA. THE DEFENDANT WAS ASKED AGAIN TO LEAVE WHERE HE REFUSED AT THAT TIME. I ADVISED DEPUTY CASOLA THAT THE DEFENDANT REFUSED TO LEAVE ON THREE OCCASIONS AND TO ASSIST ME IN PLACING HIM IN HANDCUFFS. THE DEFENDANT WAS ADVISED THAT HE WAS BEING PLACED UNDER ARREST WHERE HE BEGAN TO RESIST MYSELF AND DEPUTY CASOLA'S MOVEMENTS TO PLACE HANDCUFFS ON HIM BEHIND HIS BACK. AT THAT TIME, THE DEFENDANT WAS TAKEN TO THE GROUND TO GAIN MORE CONTROL OF HIM. THE HANDCUFFS WERE PLACED ON HIS HANDS SUCCESSFULLY WITHOUT ANY FURTHER INCIDENT OR INJURIES TO THE DEFENDANT. WHILE IN HANDCUFFS, THE DEFENDANT STATED THAT AT FIRST HE PAID FOR THE CANDY BAR AND THEN STATED A SHORT TIME LATER HE WAS SORRY AND HE WOULD GO BACK AND PAY FOR THE CANDY BAR AND HE DID NOT WANT TO BE ARRESTED. DEPUTY CASOLA THEN SHOWED THE MERCHANDISE TO THE CASHIER WHERE SHE IDENTIFIED THE CANDY BAR AS BEING THE MERCHANDISE THE DEFENDANT DID NOT PAY FOR PRIOR TO DEPUTY CASOLA AND I OBSERVING IT. THE DEFENDANT WAS ADVISED HE WAS BEING PLACED UNDER ARREST FOR ONE COUNT OF TRESPASS AFTER WARNING AS WELL AS ONE COUNT OF RETAIL PETIT THEFT. I THEN MADE CONTACT WITH DEPUTY WILLIAMS WHO MONITORS ALL ANKLE MONITORS FOR THIS AGENCY. HE STATED HE WAS AWARE THAT THE DEFENDANT WAS PLACED ON ANKLE MONITOR WAS FOR DRIVING UNDER THE INFLUENCE (DUI) MANSLAUGHTER. I ADVISED DEPUTY WILLIAMS THAT THE DEFENDANT WAS EXTREMELY INTOXICATED AND I HAD PROBABLE CAUSE FOR ARREST AT THIS TIME FOR THE ABOVE CHARGES. HE STATED THAT DUE TO HIM BEING ON AN ANKLE MONITOR HE COULD BE PLACED ON A NO BOND STATUS UNTIL HE SEES A JUDGE TOMORROW MORNING. THE DEFENDANT WAS PLACED UNDER ARREST, SEAT BELTED IN, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WITH NO FURTHER INCIDENT. DEPUTY CASOLA FILLED OUT A PROPERTY RECEIPT FORM FOR THE MERCHANDISE. IT WAS TURNED BACK OVER TO THE SHELL STATION AND THE PROPERTY RECEIPT WILL BE TURNED OVER TO RECORDS FOR FILING. *NOT-EXEMPT* |
