| Probable cause affidavit: |
SUBMITTED BY: ZAREK, MICHAEL 1359 (16-138577) (AR16-21247) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF BEALLS DEPARTMENT STORE , TO WIT: TWO PAIRS OF WOMENâS UNDERWEAR AND ONE MULTI COLORED TOP, REMOVED THE PROPERTY TOTALING CARRYING AWAY THE SAID MERCHANDISE, 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 LESS THAN $100.00, IN VIOLATION OF FLORIDA STATE STATUTES 812.014(3)(A). ON 100816, AT APPROXIMATELY 1905 HOURS, I RESPONDED TO THE BEALLS DEPARTMENT STORE LOCATED AT 2851 EAST GULF TO LAKE HIGHWAY, IN INVERNESS, IN REFERENCE TO A RETAIL THEFT. PRIOR TO MY ARRIVAL, DISPATCH ADVISED THAT THE COMPLAINANT/LOSS PREVENTION OFFICER, MR MATTHEW PIETROBURGO, HAD THE DEFENDANT, MS LAURA KENNEDY, IN THE LOSS PREVENTION OFFICE AND THE DEFENDANT WAS BEING COOPERATIVE AT THAT TIME. UPON ARRIVAL, I MADE CONTACT WITH THE COMPLAINANT, HE ADVISED THAT WHILE VIEWING THE LIVE CLOSED-CIRCUIT TELEVISION, AT APPROXIMATELY 1845 HOURS, HE OBSERVED THE DEFENDANT ENTER THE JUNIORS DEPARTMENT WHERE HE OBSERVED HER SELECT APPROXIMATELY NINE ITEMS AND ENTER THE FITTING ROOM. THE COMPLAINANT THEN OBSERVED THE DEFENDANT EXIT THE FITTING ROOM WITH NO VISIBLE MERCHANDISE. THE COMPLAINANT THEN WENT TO THE SALES FLOOR, AND INSPECTED THE FITTING ROOM THAT THE DEFENDANT JUST EXITED AND FOUND THERE TO BE ONLY SEVEN ITEMS LEFT AND TWO ITEMS UNACCOUNTED FOR. THE COMPLAINANT THEN RETURNED TO THE OFFICE AND CONTINUED TO OBSERVE THE DEFENDANT THROUGH THE LIVE CLOSED-CIRCUIT TELEVISION. THE COMPLAINANT OBSERVED THE DEFENDANT SELECT THREE MORE ITEMS AND RE-ENTER A FITTING ROOM. THE COMPLAINANT OBSERVED THE SUBJECT EXIT THE FITTING ROOM AGAIN WITHOUT ANY VISIBLE MERCHANDISE. THE COMPLAINANT THEN OBSERVED THE DEFENDANT PASS ALL POINTS OF SALE AND EXIT THE STORE MAKING NO ATTEMPT TO PAY FOR ANY MERCHANDISE. THE COMPLAINANT INSPECTED THE FITTING ROOM AND FOUND THERE TO BE ONE ITEM UNACCOUNTED FOR. THE COMPLAINANT THEN APPROACHED THE DEFENDANT OUTSIDE IDENTIFYING HIMSELF AS BEALLS LOSS PREVENTION WITH IDENTIFICATION VISIBLE. THE DEFENDANT RETURNED TO THE OFFICE WITHOUT ANY INCIDENT AND WAS COOPERATIVE THROUGHOUT THE PROCESS. THE COMPLAINANT STATED THAT ONCE THEY ARRIVED INTO THE OFFICE, THE DEFENDANT REMOVED THE THREE UNACCOUNTED FOR ITEMS FROM HER PURSE. I THEN MADE CONTACT WITH THE DEFENDANT IN THE LOSS PREVENTION OFFICE. I READ THE DEFENDANT MIRANDA RIGHTS AT APPROXIMATELY 1935 HOURS, VIA PRE-PRINTED AGENCY CARD, AND ASKED IF SHE UNDERSTOOD HER RIGHTS, AND STILL WISHED TO SPEAK WITH ME, TO WHICH SHE REPLIED, SHE DID AND WAS WILLING TO SPEAK WITH ME. THE DEFENDANT STATED THAT SHE WAS DROPPED OFF AT THE BEALLS DEPARTMENT STORE BY A CAB AND WAS IN THE STORE BROWSING TRYING TO BYPASS TIME. THE DEFENDANT ADVISED THAT SHE STOLE THREE ITEMS FROM INSIDE THE STORE HOWEVER, DID NOT INITIALLY PLAN ON STEALING THE ITEMS. THE DEFENDANT STATED THAT SHE HAD APPROXIMATELY $55.00 CASH INSIDE HER PURSE HOWEVER, DOES NOT KNOW WHY SHE CHOSE NOT TO PAY FOR THE ITEMS. THE DEFENDANT STATED THAT IT WAS A BAD DECISION AND REGRETS DOING IT. THE COMPLAINANT PROVIDED ME WITH A DVD OF THE VIDEO SURVEILLANCE FOOTAGE, WHICH I WAS ABLE TO VIEW WHILE ON SCENE. THE VIDEO SURVEILLANCE FOOTAGE CORROBORATED THE COMPLAINANTâS ACCOUNT OF THE INCIDENT. THE COMPLAINANT PROVIDED ME WITH A RECEIPT THAT LISTED ALL ITEMS WHICH INCLUDED: TWO PAIRS OF WOMENâS UNDERWEAR AND ONE WOMENâS TOP, FOR A SUB-TOTAL OF $33.20 BEFORE TAXES. THE COMPLAINANT PROVIDED A SWORN WRITTEN STATEMENT WHICH WILL BE TURNED IN TO RECORDS ALONG WITH THE RECEIPT AND DVD. THE COMPLAINANT WAS PROVIDED WITH AN AGENCY CASE CARD BEARING MY NAME AND THE CASE NUMBER AND ADVISED TO CONTACT THIS AGENCY WITH ANY ADDITIONAL INFORMATION OR QUESTIONS REGARDING THIS CASE. \t \tI THEN ADVISED THE DEFENDANT THAT SHE WAS BEING PLACED UNDER ARREST, SHE WAS THEN HANDCUFFED, DOUBLE-LOCKED, BEHIND HER BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. \t \tTHE DEFENDANT WAS CHARGED WITH ONE COUNT RETAIL PETIT THEFT. \tA CRIMINAL HISTORY CHECK WAS DONE ON THE DEFENDANT SHOWING NO PRIOR CRIMINAL HISTORY. \t \tDUE TO THE DEFENDANTâS COOPERATION AND CRIMINAL HISTORY THE DEFENDANT WAS RELEASED ON HER OWN RECOGNIZANCE. \t \tNO FURTHER ACTION BY THIS DEPUTY. |
