Probable cause affidavit: |
SUBMITTED BY: STOKES, ERIC 0736 (AR14-10992) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WALMART , TO WIT: WHILE DEFENDANT AYALA WAS SELECTING ITEMS TO BE CONCEALED INSIDE HER PURSE DEFENDANT CLARK DID REMAIN IN THE AISLE WATCHING THE DEFENDANT CONCEAL THE ITEMS AND MADE NO ATTEMPT TO ALERT WALMART STAFF OR TO STOP DEFENDANT AYALA FROM REMOVING THE PROPERTY FROM WALMART, 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 STATUTE 812.014(3)(A). ON 063014, I WAS DISPATCHED TO THE LECANTO WALMART LOCATED AT 1936 NORTH LECANTO HIGHWAY IN REFERENCE TO TWO SHOPLIFTERS IN CUSTODY. ONCE I ARRIVED, I MADE CONTACT WITH THE COMPLAINANT/ASSET PREVENTION OFFICER, MR BRIAN ELAM. HE ADVISED THAT HE OBSERVED DEFENDANT ONE, MS JACQUELINE AYALA AND DEFENDANT TWO, MS LINDA CLARK, WALK IN THROUGH THE MAIN ENTRANCE AND PROCEED TO THE INFANTS CLOTHING DEPARTMENT. THE COMPLAINANT ADVISED THAT HE WAS ON THE SALES FLOOR AREA AND OVERHEARD DEFENDANT CLARK TELL DEFENDANT AYALA THAT SHE WOULD BE BACK. HE CONTINUED TO WATCH DEFENDANT AYALA, WHO WAS CARRYING A SINGLE PURSE, REMOVE ANOTHER PURSE FROM INSIDE THAT PURSE AND THEN REMOVE A PLASTIC GROCERY BAG FROM INSIDE OF THAT PURSE. HE ADVISED THAT SHE BEGAN SELECTING MULTIPLE INFANT ITEMS, SUCH AS WASH CLOTHS AND BLANKETS. WHILE SHE WAS SELECTING THESE ITEMS DEFENDANT CLARK RETURNED TO HER LOCATION AND REMAINED IN THE AISLE WITH DEFENDANT AYALA AS SHE CONTINUED TO SELECT THE ITEMS AND CONCEAL THEM IN THE PLASTIC BAG. THE COMPLAINANT ADVISED THAT DEFENDANT CLARK WAS PACING BACK AND FORTH ALONG THE SOCK WALL AND IT APPEARED AS THOUGH SHE MAY HAVE BEEN ON THE LOOK OUT. AFTER DEFENDANT AYALA CONCEALED THE ITEMS SHE THEN PLACED THE PLASTIC BAG INSIDE ONE OF THE PURSES AND PLACED THAT PURSE INSIDE THE OTHER PURSE THAT SHE WALKED IN WITH. THE COMPLAINANT ADVISED THAT BOTH OF THE DEFENDANTS BEGAN WALKING TOGETHER AS THEY LEFT THE DEPARTMENT AND THEN SEPARATED AS THEY EXITED THE STORE. DEFENDANT AYALA EXITED THE STORE FIRST, MAKING NO ATTEMPT TO PAY FOR THE ITEMS. THE COMPLAINANT THEN STOPPED DEFENDANT AYALA AT THE STORE EXIT IDENTIFIED HIMSELF AS ASSET PREVENTION AND ESCORTED HER TO THE ASSET PREVENTION OFFICE. THE COMPLAINANT ADVISED THAT AS HE WAS ESCORTING DEFENDANT AYALA TO THE OFFICE, DEFENDANT CLARK EXITED THE STORE. HE THEN IDENTIFIED HIMSELF AS ASSET PREVENTION TO DEFENDANT CLARK AND TOLD HER TO COME TO THE ASSET PREVENTION OFFICE WITH HIM AS WELL. WHILE BOTH DEFENDANTS WERE IN THE ASSET PREVENTION OFFICE, DEFENDANT CLARK BECAME UPSET WHEN THE COMPLAINANT ASKED FOR HER IDENTIFICATION CARD. SHE ADVISED THE COMPLAINANT âI DIDNâT DO NOTHINGâ AND ADVISED THAT SHE WAS LEAVING THE OFFICE. AT THAT TIME, DEFENDANT CLARK EXITED THE ASSET PREVENTION OFFICE, WENT TO HER VEHICLE AND BEGAN TO DRIVE AWAY. THE COMPLAINANT WAS ON THE LINE WITH THE CITRUS COUNTY SHERIFF'S OFFICE DISPATCH ADVISING THEM OF THE SITUATION. WHEN DEFENDANT CLARK SAW THAT THE COMPLAINANT HAD FOLLOWED HER OUT AND WAS STANDING IN THE PARKING LOT, SHE THEN PARKED THE VEHICLE AND RETURNED TO THE ASSET PREVENTION OFFICE WITH HIM. WHILE I WAS EN ROUTE TO WALMART, I WAS ADVISED BY DISPATCH THAT ONE OF THE DEFENDANTS WAS LEAVING IN A BLACK DODGE NEON; HOWEVER SHE RETURNED TO THE STORE PRIOR TO MY ARRIVAL. DEFENDANT CLARK ADVISED THAT SHE AND DEFENDANT AYALA WENT TO WALMART TODAY TO PURCHASE ITEMS FOR A NEW BABY IN THE FAMILY. DEFENDANT CLARK ADVISED THAT WHEN SHE LEFT DEFENDANT AYALA SHE DID NOT KNOW THAT SHE WAS STEALING; HOWEVER WHEN DEFENDANT CLARK RETURNED TO DEFENDANT AYALAâS LOCATION IT CAN BE SEEN ON VIDEO SURVEILLANCE THAT DEFENDANT AYALA HAD MULTIPLE PURSES AND SHE WAS CONCEALING THE SELECTED ITEMS. DEFENDANT CLARK COULD ALSO BE SEEN PACING THE AISLE AS THE COMPLAINANT DESCRIBED EARLIER. DEFENDANT AYALA ADVISED THAT âIT WAS ON HERâ AND DEFENDANT CLARK HAD NO IDEA WHAT SHE WAS DOING. THE COMPLAINANT PROVIDED ME WITH A SWORN WRITTEN STATEMENT AND A VOIDED RECEIPT FOR THE STOLEN ITEMS, WHICH WILL BOTH BE TURNED IN TO RECORDS. THE COMPLAINANT WILL PREPARE A DVD CONTAINING THE VIDEO SURVEILLANCE EVIDENCE AND TOOK A PHOTO OF THE RECOVERED STOLEN ITEMS. HE WILL CONTACT THE SHERIFFâS OFFICE TO PICK THEM UP WHEN THEY ARE READY. BOTH DEFENDANTS WERE PLACED UNDER ARREST FOR RETAIL PETIT THEFT, HANDCUFFED (DOUBLE LOCKED), BEHIND THEIR BACK AND ESCORTED TO MY PATROL VEHICLE. DEPUTY LAHERA TRANSPORTED DEFENDANT CLARK AND I TRANSPORTED DEFENDANT AYALA TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. BOTH DEFENDANTS BONDS WERE SET AT $500.00 EACH, PER THE BOND SCHEDULE. |