| Probable cause affidavit: |
SUBMITTED BY: LAHERA, ANDRES 0673 (15-130686) (AR15-16744) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE WINN DIXIE, TO-WIT: CARTONS OF CIGARETTES TOTALING $1,141.03, OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN FIVE THOUSAND DOLLARS ($5,000.00), WITH THE INTENT TO EITHER TEMPORARILY OR PERMANENTLY DEPRIVE THE VICTIM OF A RIGHT TO THE PROPERTY OR A BENEFIT THEREOF, OR DID APPROPRIATE THE SAID PROPERTY TO HIS OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, IN VIOLATION OF FLORIDA STATUTES 812.014(2)(C)(1). ON 100815, I OBSERVED THE DEFENDANT, MR MARKEE SUMERLIN, AT THE MCDONALDS LOCATED AT 2801 EAST GULF TO LAKE HIGHWAY, IN INVERNESS. THERE WAS AN E-MAIL POSTED OUT BY DEPUTY DOWLING 0709 AND HE ADVISED THAT HE HAD PROBABLE CAUSE FOR ARREST FOR MR SUMERLIN AS HE HAD SEEN THE VIDEO SURVEILLANCE THAT WAS CAPTURED AT THE WINN DIXIE ON 091315, 091515, 091715, AND 091815 WHICH SHOWED THE DEFENDANT LOADING CIGARETTE CARTONS INTO A TRASH BAG, REMOVING THEM FROM THE STORE. THE TOTAL AMOUNT OF CIGARETTES TAKEN WAS VALUED AT $1,141.03. I WAS ASSIGNED THIS CASE ON 100615 AND MADE CONTACT WITH DEPUTY DOWLING WHO ADVISED THAT HE DID SEE THE VIDEO SURVEILLANCE WITH HIS OWN EYES AND HE WAS TURNING IN A COPY TO RECORDS. HE ALSO ADVISED HE WAS PUTTING OUT A PROBABLE CAUSE E-MAIL TO THE AGENCY THAT HE HAD ATTEMPTED TO LOCATE THE DEFENDANT AT HIS LAST KNOWN ADDRESS OF 4090 EAST DAWSON DRIVE, IN INVERNESS. HE ADVISED THAT RESIDENCE IS CURRENTLY VACANT AND HE WAS UNABLE TO LOCATE THE DEFENDANT. ON 100615, I MADE CONTACT WITH THE COMPLAINANT, MR CORREY BERK, WHO IS THE LOSS PREVENTION OFFICER FOR WINN DIXIE. WHEN HE WAS QUESTIONED AS TO IF HE HAD ANY ADDITIONAL INFORMATION TO PROVIDE ME, HE ADVISED THAT ON MONDAY 100515, THE SAME DAY THE INCIDENT WAS REPORTED, THE DEFENDANT HAD CALLED IN TO THE STORE APOLOGIZING FOR COMMITTING THE THEFT AND QUESTIONED MR BERK THAT IF HE PAID FOR THE STOLEN ITEMS IF THEY WOULD NOT PROSECUTE. I ADVISED THE COMPLAINANT THAT IF I WAS ABLE TO LOCATE THE DEFENDANT, I WOULD PLACE HIM UNDER ARREST. THE DEFENDANT WAS LOCATED WHILE I WAS ON ROUTINE PATROL WHERE I OBSERVED HIM TO ENTER THE MCDONALDS AT 2801 EAST GULF TO LAKE HIGHWAY, IN INVERNESS. I ASKED THE DEFENDANT HIS NAME AND DATE OF BIRTH AND THEN ADVISED HIM THAT HE WAS BEING PLACED UNDER ARREST. THE DEFENDANT WAS HANDCUFFED, BEHIND HIS BACK, (DOUBLE LOCKED), SECURED IN THE REAR OF MY VEHICLE. I READ THE DEFENDANT HIS MIRANDA WARNING VIA AGENCY PREPRINTED CARD. THE DEFENDANT ADVISED THAT HE UNDERSTOOD HIS RIGHTS AND STATED THAT HE WOULD SPEAK WITH ME AT THIS TIME. THE DEFENDANT DID QUESTION ME WHY HE WAS BEING ARRESTED. HE WAS ADVISED HE WAS CAPTURED ON VIDEO STEALING CARTONS OF CIGARETTES AND HE WAS BEING ARRESTED FOR GRAND THEFT. HE THEN UTTERED ''MAN THOSE WERE EMPTY CARTONS; I TAKE EMPTY CARTONS ALL THE TIME OUT OF THE STORE.'' I ADVISED HIM THAT VIDEO DOES NOT LIE AND HE MADE THE STATEMENT ''I NEED A LAWYER." NO QUESTIONS WERE ASKED OF THE DEFENDANT. THE DEFENDANTâS BOND WAS SET AT , DUE TO THE FACT THAT DURING THE RIDE TO JAIL, THE DEFENDANT ADVISED ME THAT HE WAS ALREADY OUT ON BOND AND ASKED IF THIS WOULD ''MESS IT UP.'' I ADVISED HIM THAT IT WOULD AS HE HAD A NEW LAW VIOLATION WHILE ON BOND. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. |
