| Probable cause affidavit: |
SUBMITTED BY: TULLY, JAMES 1342 (AR15-17122) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF W , TO WIT: 24 PACK OF BUDWEISER BEER VALUED AT $24.29, 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, (SECOND OFFENSE), IN VIOLATION OF FLORIDA STATE STATUTE 812.014(3)(B). ON 110515 AT APPROXIMATELY 1809 HOURS, I WAS DISPATCHED TO THE WINN DIXIE IN BEVERLY HILLS LOCATED AT 3565 NORTH LECANTO HIGHWAY IN BEVERLY HILLS, IN REFERENCE TO A SHOPLIFTER STILL ON SCENE. UPON ARRIVAL, I OBSERVED A WHITE MALE LATER IDENTIFIED AS THE DEFENDANT, MR LUIS ENRIQUE CANDELARIO, LYING ON HIS BACK IN THE NORTHWEST CORNER OF THE WINN DIXIE PARKING LOT. I MADE CONTACT WITH THE DEFENDANT, WHO WAS CONSCIOUS, BREATHING AND SEMI-ALERT. I ASKED THE DEFENDANT WHAT HIS NAME WAS, TO HE ADVISED ME. I ASKED HIM WHAT HAPPENED TODAY AND HE STATED THAT HE DID NOT HE DID KNOW. THE DEFENDANT HAD A SMALL LACERATION ON HIS EYEBROW, WHICH WAS BLEEDING. AT THAT TIME, EMS (EMERGENCY MEDICAL SERVICES) ARRIVED ON SCENE TO ACCESS THE DEFENDANT'S INJURY. I MADE CONTACT WITH THE COMPLAINANT/STORE MANAGER OF THE BEVERLY HILLS WINN DIXIE. THE COMPLAINANT ADVISED THAT TODAY HE OBSERVED THE DEFENDANT, WHO WAS LYING ON THE GROUND, SELECT A 24 PACK OF BUDWEISER BEER FROM A DISPLAY IN THE STORE AND EXIT THE STORE, PASSING ALL POINTS OF FINAL SALE WITHOUT PAYING FOR THE MERCHANDISE. THE COMPLAINANT STATED THAT HE WAS EXITING THE STORE BEHIND THE DEFENDANT AND GENTLEMAN, LATER IDENTIFIED AS THE WITNESS, MR NELSON PIOVET, WHO WAS A CUSTOMER IN THE STORE, APPROACHED HIM AND ASKED HIM IF THE DEFENDANT HAD JUST STOLEN THE BEER. THE COMPLAINANT TOLD THE WITNESS THAT HE HAD, AT WHICH TIME THE WITNESS AND THE COMPLAINANT CONFRONTED THE DEFENDANT IN FRONT OF THE STORE, NEXT TO THE HANDICAPPED PARKING SPOTS. THE COMPLAINANT STATED THAT THE WITNESS THEN GRABBED THE DEFENDANT, AT WHICH TIME HE DETAINED THE DEFENDANT AND THE DEFENDANT DROPPED THE BEER. THE COMPLAINANT STATED THAT THE DEFENDANT'S SON APPROACHED THEIR LOCATION AND BEGAN YELLING AT THEM. THE COMPLAINANT STATED THAT THE WITNESS IMMEDIATELY RELEASED THE DEFENDANT TO AVOID CONFRONTATION, AT WHICH TIME THE DEFENDANT RAN ACROSS THE PARKING LOT AND TRIPPED ON HIS OWN ACCORD IN THE PARKING LOT OF WINN DIXIE, APPROXIMATELY 50 TO 60 YARDS FROM WHERE THEY FIRST INITIALLY MADE CONTACT WITH HIM. THE COMPLAINANT STATED THAT HE, ALONG WITH THE WITNESS AND THE DEFENDANT'S SON WENT TO WHERE THE DEFENDANT WAS LOCATED IN THE PARKING LOT, WHICH WAS WHEN THIS DEPUTY ARRIVED ON SCENE. I NEXT MADE CONTACT WITH THE WITNESS, WHO ADVISED ME THAT TODAY WHILE HE WAS WALKING INTO THE STORE HE OBSERVED THE COMPLAINANT ATTEMPTING TO MAKE CONTACT WITH THE DEFENDANT AS THEY WERE EXITING THE STORE. THE WITNESS ADVISED ME THAT HE ASKED THE COMPLAINANT IF THE DEFENDANT HAD JUST STOLEN BEER FROM THE STORE, TO WHICH THE COMPLAINANT STATED THAT HE DID. THE WITNESS STATED THAT HE AND THE COMPLAINANT THEN MADE CONTACT WITH THE DEFENDANT BY THE HANDICAPPED SIGNS IN FRONT OF THE STORE, WHERE THE DEFENDANT BEGAN TO TRY AND LEAVE AGAIN. THE WITNESS STATED THAT HE GRABBED THE DEFENDANT BY HIS ARM AND WAS HOLDING HIM BY THE ARM FOR THE COMPLAINANT. THE WITNESS STATED THAT ANOTHER MAN APPROACHED THEIR LOCATION, WHO IDENTIFIED HIMSELF AS THE DEFENDANT'S SON AND BEGAN YELLING AT THEM. THE WITNESS STATED THAT HE IMMEDIATELY RELEASED THE DEFENDANT TO AVOID CONFRONTATION, AT WHICH TIME THE DEFENDANT BEGAN RUNNING WEST ACROSS THE PARKING LOT, AWAY FROM THEIR LOCATION. THE DEFENDANT LEFT THE BEER AT THEIR LOCATION BY THE HANDICAPPED SIGNS. THE WITNESS STATED THAT WHILE THE DEFENDANT WAS RUNNING ACROSS THE PARKING LOT IN THE NORTHWEST CORNER, THE DEFENDANT FELL ON HIS OWN. AT THAT TIME, THE WITNESS, ALONG WITH THE COMPLAINANT AND THE DEFENDANT'S SON WENT TO THE DEFENDANT'S LOCATION AND STOOD BY UNTIL THIS AGENCY RESPONDED. EMS ADVISED ME THAT THE DEFENDANT DENIED EMERGENCY MEDICAL SERVICES AND ADVISED THAT THE LACERATION TO HIS EYE WAS MINOR. I ASKED THE DEFENDANT FOR HIS IDENTIFICATION CARD, TO WHICH HE PROVIDED ME WITH IT. I ASKED THE DEFENDANT WHAT OCCURRED TODAY AND HE STATED THAT HE DID NOT KNOW. I ASKED THE DEFENDANT IF HE WOULD BE WILLING TO SPEAK WITH THIS DEPUTY AND HE STATED NO. WHILE SPEAKING WITH THE DEFENDANT, HE APPEARED TO BE HEAVILY INTOXICATED AND THERE WAS A STRONG ODOR OF ALCOHOL EMITTING FROM HIS PERSON. THE DEFENDANT ALSO HAD BLOOD SHOT EYES AND SLURRED SPEECH. I MADE CONTACT WITH THE COMPLAINANT ONCE MORE AND ASKED IF THEY WANTED TO PURSUE CHARGES IN REFERENCE TO THIS INCIDENT, AND HE STATED THAT THEY WOULD BE PURSUING CHARGES AGAINST THE DEFENDANT. AT THAT TIME THE COMPLAINANT SHOWED THIS DEPUTY THE VIDEO FOOTAGE FROM INSIDE THE STORE OF THE DEFENDANT TAKING THE BEER AND EXITING THE STORE WITHOUT PAYING FOR IT. ON THE VIDEO, I OBSERVED THE DEFENDANT ON 110515 AT 1805 HOURS, SELECT A CASE OF BEER FROM THE DISPLAY AND EXIT THE STORE WITHOUT PAYING FOR IT. THE COMPLAINANT STATED THAT HE COULD NOT RETRIEVE THE VIDEO AT THIS TIME. THIS DEPUTY WILL FOLLOW UP IN AN ATTEMPT TO OBTAIN A COPY OF THIS INCIDENT. AT THAT TIME, I MADE CONTACT WITH THE DEFENDANT AND ADVISED HIM THAT HE WAS BEING PLACED UNDER ARREST FOR ONE COUNT OF RETAIL PETIT THEFT, TO WHICH HE STATED THAT HE UNDERSTOOD. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY AND TURNED OVER TO STAFF FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, I RAN THE DEFENDANT THROUGH AEGIS AND LEARNED THAT HE HAD BEEN ARRESTED FOR RETAIL PETIT THEFT ON 100115, AS WELL AS GRAND THEFT. THE DEFENDANT HAD ALSO BEEN PLACED ON PROBATION AS OF 110415. THE DEFENDANT WAS THEN CHARGED WITH ONE COUNT OF RETAIL PETIT THEFT SECOND OFFENSE, WITH A BOND OF $1,000.00 PER THE BOND SCHEDULE. |
