| Probable cause affidavit: |
SUBMITTED BY: NORTON, NICHOLAS 0758 (AR12-2227) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF BEALLS, TO WIT: FIVE T-SHIRTS 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 $300.00, IN VIOLATION OF FLORIDA STATE STATUTES 812.015, 812.014(1), AND 812.014(3)(B). ON 080312, AT APPROXIMATELY 1035 I RESPONDED TO 346 NORTH SUNCOAST BOULEVARD IN CRYSTAL RIVER WHICH IS THE BEALLS DEPARTMENT STORE IN REFERENCE TO A SHOP LIFTER IN CUSTODY. UPON MY ARRIVAL, I MADE CONTACT WITH THE COMPLAINANT, LOSS PREVENTION OFFICER MR CHAD WHITLER, WHO HAD THE DEFENDANT MR LESTER ROMERO DETAINED IN HIS OFFICE. MR WHITLER STATED THAT AT APPROXIMATELY 1000 HOURS ON THE CLOSED CIRCUIT TELEVISION HE OBSERVED A MALE SUBJECT SELECT MULTIPLE T-SHIRTS FROM THE RACKS. THE DEFENDANT WENT TO THE SHOE DEPARTMENT AND CONCEALED THEM DOWN IN THE FRONT OF HIS SHORTS. MR WHITLER STATED THERE WERE FIVE T-SHIRTS IN ALL; TWO BLACK, TWO BLUE, AND ONE RED TOTALING $96.00. THE DEFENDANT THEN REMOVED THEM FROM HIS SHORTS AND PLACED THEM IN HIS SHOPPING CART. HE THEN TOOK THEM BACK TO THE MENâS DEPARTMENT AND CONCEALED THEM DOWN HIS SHORTS A SECOND TIME. THE DEFENDANT THEN LEFT THE STORE PASSING ALL POINTS OF SALE WITHOUT ANY ATTEMPT TO PAY. MR WHITLER STATED THAT HE STOPPED THE DEFENDANT OUTSIDE DISPLAYED HIS LOSS PREVENTION IDENTIFICATION CARD AND IDENTIFIED HIMSELF. HE THEN ESCORTED THE DEFENDANT TO THE LOSS PREVENTION OFFICE. AS HE OPENED THE DOOR, THE DEFENDANT ATTEMPTED TO PULL AWAY FROM HIM. MR WHITLER STATED THAT HE PLACED THE DEFENDANT ON THE GROUND AND ORDERED HIM SEVERAL TIMES TO PLACE HIS HANDS BEHIND HIS BACK. THE DEFENDANT FINALLY COMPLIED AND HE APPLIED HANDCUFFS TO HIS WRISTS. ONCE RESTRAINED, THE DEFENDANT BECAME COMPLIANT AND ALL FORCE CEASED. I THEN SPOKE WITH THE DEFENDANT AND READ HIS MIRANDA RIGHTS VIA PRE-PRINTED AGENCY CARD AND ADVISED THAT HE UNDERSTOOD AND WAIVED HIS RIGHTS. THE DEFENDANT STATED THAT HE WALKED INTO BEALLS AND STUFFED FIVE SHIRTS DOWN HIS PANTS AND WALKED OUT WITHOUT PAYING. HE ALSO STATED THAT AS FAR AS RESISTING MR WHITLER HE DID PULL BACK AS THEY WERE GOING TO THE DOOR AND TOTALLY UNDERSTANDS WHY MR WHITLER RESTRAINED HIM. HE STATED THAT HE HAS NO ARGUMENTS ON WHY HE GOT HANDCUFFED AND RESTRAINED. I DID OBSERVE SMALL ABRASIONS TO THE DEFENDANT FOREHEAD, ELBOWS, AND ONE OF HIS KNEES. THE DEFENDANT REFUSED EMERGENCY MEDICAL SERVICES. MR WHITLER THEN SHOWED ME SURVEILLANCE FOOTAGE SHOWING THE DEFENDANT CONCEALING THE ITEMS IN HIS PANTS AND CROSSING ALL POINTS OF SALE. THERE WAS NO FOOTAGE OF THE STRUGGLE BETWEEN MR WHITLER AND THE DEFENDANT. ALTHOUGH ONE PORTION OF THE VIDEO DOES SHOW THE DOOR OPENING; WHICH IS WHEN MR WHITLER STATED HE ATTEMPTED TO BRING THE DEFENDANT IN. THEN THE DOOR CLOSES WITH OUT THE TWO ENTERING AND NEARLY A MINUTE GOES BY BEFORE THEY DO ENTER. MR WHITLER STATES THAT THIS IS WHEN THE DEFENDANT PULLED AWAY. MR ROMERO DID NOT HAVE ANY CURRENCY IN HIS WALLET. MR WHITLER DID NOT WISH TO PROSECUTE ON THE CHARGE OF RESISTING A MERCHANT. BOTH MR WHITLER AND THE DEFENDANT FILLED OUT WRITTEN STATEMENTS WHICH WERE LATER TURNED INTO RECORDS. A PHOTO OF THE ITEMS WITH A RECEIPT WAS TURNED INTO RECORDS. A COPY OF THE SURVEILLANCE FOOTAGE WAS TURNED INTO EVIDENCE. THE COMPLAINANT WAS PROVIDED WITH A CASE CARD BEARING MY NAME AND CASE NUMBER. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED), BEHIND THEIR BACK AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. |
