| Probable cause affidavit: |
SUBMITTED BY: GENTILE, JOSEPH 1362 (AR15-17282) ON 111715, AT APPROXIMATELY 1424 HOURS, I RESPONDED TO THE WAL-MART SUPER CENTER LOCATED AT 2461 EAST GULF TO LAKE HIGHWAY IN INVERNESS, IN REFERENCE TO A SHOPLIFTER WHO HAD BEEN DETAINED. UPON ARRIVAL, I MET WITH THE LOSS PREVENTION OFFICER, MR JOSEPH COMPOSTELLA/COMPLAINANT. HE ADVISED THAT ON TODAY'S DATE, HE OBSERVED TWO WHITE MALES, LATER IDENTIFIED AS THE DEFENDANT, MR MARK WILEY, AND HIS FATHER, MR HERSCHEL WILEY, DISPLAYING SUSPICIOUS BEHAVIOR IN THE SPORTING GOODS DEPARTMENT. HE ADVISED HE THEN CONTINUED FLOOR SURVEILLANCE ON THE SUBJECTS, AND OBSERVED THE DEFENDANT PLACE CHEAPER PRICE TAGS ON THE MERCHANDISE HE HAD PLACED INTO HIS SHOPPING CART. THE COMPLAINANT STATED THE DEFENDANT THEN LEFT HIS FATHER, MR HERSCHEL WILEY, TO GO OUTSIDE AND SMOKE A CIGARETTE. THE COMPLAINANT STATED THAT MR HERSCHEL WILEY THEN PROCEEDED TO THE SELF CHECK OUT WHERE HE PAID FOR THE ITEMS THAT THE DEFENDANT HAD PLACED THE CHEAPER PRICE TAGS ON. THE COMPLAINANT ADVISED HE THEN LEFT THE FISHING POLE INSIDE THE SHOPPING CART AND DID NOT PAY FOR IT. HE ADVISED HE GRABBED A BAG OF ICE VALUED AT $2.00 AND PLACED IT INSIDE THE SHOPPING CART AND PASSED ALL POINTS OF SALE WITH NO ATTEMPT TO PAY FOR THE ICE. THE COMPLAINANT THEN STOPPED HIM, IDENTIFIED HIMSELF AS LOSS PREVENTION AND EXPLAINED WHY HE HAD STOPPED HIM. AT THAT TIME MR HERSCHEL WILEY ADVISED THE COMPLAINANT THAT HIS SON/DEFENDANT WAS OUTSIDE THE STORE. THE COMPLAINANT THEN RETRIEVED THE DEFENDANT, AND ESCORTED HIM AND HIS FATHER TO THE LOSS PREVENTION OFFICE. THE COMPLAINANT THEN CONTACTED THIS AGENCY. I MADE CONTACT WITH THE DEFENDANT AND READ HIS MIRANDA WARNINGS TO HIM VIA PRE-PRINTED AGENCY CARD. WITH HIS RIGHTS IN MIND, I ASKED HIM IF HE WANTED TO SPEAK WITH ME WHICH HE AGREED TO DO. I ADVISED THE DEFENDANT TO BE HONEST AND TELL ME WHAT HAPPENED INSIDE THE STORE. THE DEFENDANT THEN ADMITTED TO SWITCHING THE TAG ON A BOAT SEAT VALUED AT $37.88 FOR A CHEAPER TAG OF $7.96, WITH THE DIFFERENCE BEING $29.92. HE ALSO ADMITTED TO SWITCHING A TAG ON A THREE GALLON GAS TANK VALUED AT $41.93 FOR A CHEAPER TAG VALUE OF $10.88 AND A DIFFERENCE OF $31.05. HE FURTHER ADMITTED TO SWITCHING A TAG VALUED AT $59.76 ON A FISHING POLE FOR A CHEAPER TAG, HOWEVER, THAT ITEM WAS NEVER PAID FOR. THE TOTAL AMOUNT OF DIFFERENCE FOR THE ITEMS THE DEFENDANT TOOK BEING $120.73. AFTER ADMITTING TO SWITCHING THE TAGS ON THE ABOVE MENTIONED ITEMS, THE DEFENDANT ASKED ME IF I WAS TAKING HIM TO JAIL. AT THAT TIME I INFORMED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR RETAIL THEFT. I NEXT SPOKE TO MR HERSHEL WILEY, THE DEFENDANT'S FATHER. HE WAS ALSO READ HIS MIRANDA RIGHTS VIA PRE-PRINTED AGENCY CARD. I ASKED HIM, WITH HIS RIGHTS IN MIND, DID HE WISH TO SPEAK WITH ME TO WHICH HE AGREED. I NEXT ADVISED HIM TO BE HONEST AND TELL ME WHAT HAPPENED INSIDE THE STORE. HE STATED THAT HE WAS NOT AWARE OF HIS SON SWITCHING ANY OF THE TAGS ON THE ITEMS. HE THEN ADMITTED TO PLACING THE BAG OF ICE (VALUED AT $2.00) INSIDE THE SHOPPING CART AND NOT PAYING FOR IT. HE AGAIN STATED THAT HE HAD NO IDEA HIS SON/DEFENDANT HAD SWITCHED THE TAGS ON THE ITEMS LISTED ABOVE. DUE TO WAL-MART'S POLICY OF NOT PRESSING CHARGES ON ANYONE OVER THE AGE OF 65, HE WAS NOT PLACED UNDER ARREST. I HANDCUFFED THE DEFENDANT (DOUBLE LOCKED) BEHIND HIS BACK AND PATTED HIM DOWN FOR MY SAFETY. THE DEFENDANT WAS THEN PLACED INTO THE REAR OF MY PATROL VEHICLE FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY. I COLLECTED A SWORN WRITTEN STATEMENT FROM THE COMPLAINANT, ALONG WITH A RECEIPT SHOWING THE VALUE OF THE STOLEN ITEMS. THOSE ITEMS WERE SUBMITTED TO RECORDS. A COPY OF THE VIDEO SURVEILLANCE FOOTAGE OF THE INCIDENT WAS ALSO COLLECTED FOR SUBMISSION TO EVIDENCE. I PHOTOGRAPHED THE ITEMS THAT WERE TAKEN WHICH WERE TURNED INTO EVIDENCE. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS TURNED OVER TO DETENTION STAFF FOR PROCESSING. THE DEFENDANT'S BOND WAS SET AT $500.00, PER THE BOND SCHEDULE FOR THE ABOVE LISTED CHARGES. |
