Probable cause affidavit: |
SUBMITTED BY: HOLLOWAY, WILLIAM 0463 (AR14-11405) (14-105011) DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, WAL-MART, TO WIT: THREE TELEVISIONS AND THREE SPEAKERS, AND ONE VACUUM CLEANER, SAID PROPERTY BEING OF A VALUE OF $2,177.00, 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 812.015(8); AND DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: METHAMPHETAMINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A); AND DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION WITH THE INTENT TO USE, OR DID UNLAWFULLY USE, AN OBJECT INTENDED OR DESIGNED FOR USE IN STORING, CONCEALING OR INJECTING, INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE HUMAN BODY, A CONTROLLED SUBSTANCE, TO WIT: A GLASS SMOKING PIPE WITH RESIDUE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B). ON 073114, LOSS PREVENTION OFFICER JOE COMPOSTELLO OF INVERNESS WAL-MART, CONTACTED ME ON MY AGENCY CELLULAR TELEPHONE. HE STATED THAT HE JUST OBSERVED TWO SUBJECTS LEAVE THE STORE WITHOUT PAYING FOR AT LEAST TWO TELEVISIONS AND POSSIBLE FOUR. HE STATED THE SUBJECTS, A MAN AND A WOMAN, PLACED THE ITEMS IN THE BACK OF A BLACK CHEVROLET WITH FADED PAINT. MR COMPOSTELLO ALSO PROVIDED ME WITH A LICENSE PLATE NUMBER OF THE VEHICLE. WHILE ON THE TELEPHONE, I CONTACTED DISPATCH AND ADVISED THEM OF VEHICLE DESCRIPTION AND DIRECTION OF TRAVEL. WITHIN APPROXIMATELY TWO MINUTES, DETECTIVE MELHADO ADVISED HE WAS BEHIND THE VEHICLE AND WAS CONDUCTING A TRAFFIC STOP IN THE AREA OF HIGHWAY 581 SOUTH AND DRUID ROAD. I THEN RESPONDED TO THE TRAFFIC STOP AND IN PLAIN SIGHT IN THE BACK SEAT, I COULD SEE THE STOLEN TELEVISIONS, ALONG WITH TWO SOUND BOXES. I ALSO WAS ADVISED THAT K-9 DEPUTY BEHNEN HAD CONDUCTED AN EXTERNAL SNIFF WITH HIS CANINE, WHICH SHOWED A POSITIVE ALERT FOR A CONTROLLED SUBSTANCE. I APPROACHED THE FEMALE DRIVER/DEFENDANT, MS CARRIE STARKWEATHER, WHO IS NOW HANDCUFFED AND ADVISED HER OF HER MIRANDA RIGHTS FROM AN AGENCY MIRANDA CARD. MS STARKWEATHER ADVISED SHE WOULD SPEAK TO ME. MS STARKWEATHER WAS ASKED ABOUT THE STOLEN MERCHANDISE, FOR WHICH SHE STATED SHE DID NOT STEAL ANYTHING BUT DEFENDANT, MR LARRY WILSON DID. SHE FURTHER STATED HER ONLY ROLE WAS TO ACT AS A LOOK OUT. I ASKED THE DEFENDANT IF THEY HAD STOLEN ANY OTHER ITEMS AND SHE STATED THE NIGHT PRIOR THEY HAD GONE TO WAL-MART AND STOLE A TELEVISION, ALONG WITH A VACUUM CLEANER AND A SPEAKER SYSTEM. I THEN APPROACHED DEFENDANT, MR LARRY WILSON JR. I READ DEFENDANT WILSON HIS RIGHTS VIA AN AGENCY MIRANDA CARD AND HE AGREED TO SPEAK TO ME. DEFENDANT WILSON IMMEDIATELY STATED THAT HE WAS THE ONE WHO STOLE THE TELEVISIONS. HE FURTHER STATED THAT DEFENDANT STARKWEATHER ONLY DROVE HIM AND DID NOT PARTICIPATE IN THE THEFT. I ASKED ABOUT THE THEFT FROM THE PRIOR NIGHT AND HE STATED THAT HE ONLY STOLE A VACUUM CLEANER AND A SPEAKER. I ASKED ABOUT THE TELEVISIONS AND HE STATED HE DID NOT STEAL A TELEVISION THE NIGHT BEFORE. WHILE SPEAKING TO THE DEFENDANTS, I WAS ADVISED BY K-9 DEPUTY BEHNEN THAT HE HAD FOUND METHAMPHETAMINE IN THE VEHICLE BEHIND THE PASSENGER SEAT IN A BAG. WHEN DEFENDANT WILSON HEARD THIS HE STATED IT WAS NOT HIS. I THEN CONTACTED MR COMPOSTELLO AND ADVISED HIM THAT THEY ADMITTED TO ALSO STEALING ITEMS THE NIGHT BEFORE. MR COMPOSTELLO ADVISED HE WOULD REVIEW THE VIDEO TAPE. THE TWO DEFENDANTS WERE THEN TRANSPORTED TO THE CITRUS COUNTY CITRUS COUNTY DETENTION FACILITY. I THEN COLLECTED THE TWO TELEVISIONS, VALUED AT $448.00 EACH AND ALSO TWO SOUND BOARDS, THE FIRST ONE WAS VALUED AT $278.00 AND THE SECOND ONE VALUED AT $228.00 AND RETURNED THEM TO WAL-MART. UPON MY ARRIVAL AT WAL-MART, MR COMPOSTELLO ADVISED HE LOCATED THE DEFENDANTS IN THE STORE AND SHOWED ME THE VIDEO SURVEILLANCE OF DEFENDANT WILSON LOADING A SHOPPING CART UP WITH A FLAT SCREEN TELEVISION VALUED AT $198.00, A DYSON VACUUM CLEANER VALUED AT $299.00 AND A LG SOUND BOARD VALUED AT $278.00. ONCE THESE WERE LOADED YOU CAN SEE THE DEFENDANTS GO PAST ALL POINTS OF SALE WITHOUT STOPPING AND PLACING THEM INTO THEIR VEHICLE. I THEN COLLECTED THE VIDEO OF BOTH THEFTS AND RESPONDED TO THE CITRUS COUNTY DETENTION FACILITY. ONCE AT THE DETENTION FACILITY, I CONDUCTED A SECOND POST MIRANDA DIGITALLY RECORDED INTERVIEW WITH EACH DEFENDANT. DURING THE FIRST INTERVIEW, DEFENDANT STARKWEATHER AGAIN STATED THAT SHE WENT WITH DEFENDANT WILSON BOTH TIMES TO STEAL THE TELEVISION. SHE FURTHER STATED THAT SHE PARTICIPATED BY ACTING AS A LOOK OUT. SHE DENIED THAT THE METHAMPHETAMINE WAS HERS AND STATED IT WAS DEFENDANT WILSON'S. I THEN CONDUCTED A POST MIRANDA DIGITALLY RECORDED INTERVIEW WITH DEFENDANT WILSON. DEFENDANT WILSON ADMITTED TO TAKING THE ITEMS ON BOTH DAYS. HE FURTHER ADMITTED THAT THE DRUGS AND PARAPHERNALIA FOUND IN THE VEHICLE BELONGED TO HIM. THE TOTAL AMOUNT THAT BOTH DEFENDANTS STOLE IN BOTH CASES IS $2,223.50 DEFENDANT STARKWEATHER WAS CHARGED WITH ONE COUNT OF RETAIL GRAND THEFT FOR HER INVOLVEMENT IN THE THEFTS. SHE IS BEING HELD ON A $2,000.00 BOND PER SCHEDULE. DEFENDANT WILSON IS CHARGED WITH TWO COUNTS OF RETAIL GRAND THEFT, ONE COUNT OF A CONTROLLED SUBSTANCE AND ONE COUNT OF POSSESSION OF DRUG PARAPHERNALIA. HE IS BEING HELD ON A TOTAL BOND OF $7,000.00 PER THE BOND SCHEDULE. |