| Probable cause affidavit: |
SUBMITTED BY: HESSE, BRYAN 0755 (AR11123710) DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, BEALL'S, SAID PROPERTY BEING OF A VALUE OF $104.98, 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 HER OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, IN VIOLATION OF FLORIDA STATE STATUTE 812.014(3)(a). DID UNLAWFULLY AND KNOWINGLY, while committing or after committing theft of property, resist the reasonable effort of a merchant OR merchant's employee, to recover the property WHICH THE merchant OR merchant's employee had probable cause to believe the individual had concealed or removed from its place of display or elsewhere, IN VIOLATION OF FLORIDA STATE STATUTE 812.015(6). ON 112811 AT APPROXIMATELY 1230 HOURS, I RESPONDED TO THE BEALL'S DEPARTMENT STORE AT 346 NORTH SUNCOAST BOULEVARD IN CRYSTAL RIVER IN REFERENCE TO A RETAIL THEFT. UPON ARRIVAL, THE SUSPECT WAS ALREADY DETAINED BY THE LOSS PREVENTION OFFICER/COMPLAINANT, MR CHAD WHITLER. I THEN SPOKE WITH MR WHITLER WHO ADVISED ME THAT THE FEMALE SUSPECT, MS MARY THOMAS, TOOK TWO BOXES OF COLOGNE AND A MEN'S WALLET AND CONCEALED THEM IN HER PURSE. HE SAID SHE THEN ENTERED THE RESTROOM AND LEFT A SHORT TIME LATER. THE RESTROOM WAS THEN CHECKED BY AN EMPLOYEE, WHO FOUND THE EMPTY PACKAGING, BUT THE MERCHANDISE WAS GONE. HE THEN FOLLOWED THE SUSPECT PAST THE LAST POINT OF SALE AS SHE LEFT THE STORE OFFERING NO ATTEMPT TO PAY FOR THE CONCEALED MERCHANDISE. HE THEN IDENTIFIED HIMSELF AS THE LOSS PREVENTION OFFICER AND ASKED HER TO RETURN TO THE STORE THREE SEPARATE TIMES TO WHICH SHE REFUSED. HE ADVISED THAT IS WHEN HE GRABBED HER ARM AND ATTEMPTED TO ESCORT HER TO THE LOSS PREVENTION OFFICE. SHE SCREAMED FOR HELP AND TRIED TO GET AWAY, BUT HE WAS ABLE TO ESCORT HER TO THE OFFICE AND DETAIN HER. THE SUSPECT THEN BEGAN YELLING FOR HER SON, WHO ENTERED THE OFFICE AND TRIED TO ATTACK MR WHITLER TO PROTECT HIS MOTHER. MR WHITLER ADVISED THAT HE HAD TO USE FORCE TO PROTECT HIMSELF FROM THE SON AND TO KEEP MS THOMAS DETAINED. WHILE IN THE OFFICE, MS THOMAS DUMPED THE THREE ITEMS OUT OF HER PURSE INTO THE CORNER OF THE ROOM. I THEN SPOKE WITH THE WITNESS, MS LIBERATA DESIMONE, WHO STATED THAT SHE WATCHED THE SON FOLLOW BOTH THE COMPLAINANT AND THE SUSPECT INTO THE LOSS PREVENTION OFFICE. WHEN SHE GOT TO THE OFFICE, SHE SAW THE COMPLAINANT PUSH THE SUSPECT'S SON TO PROTECT HIMSELF. SHE SAID THE COMPLAINANT REPEATEDLY ASKED THE YOUNG MAN TO LEAVE THE OFFICE, WHICH HE REFUSED. THAT IS WHEN SHE ADVISED THAT SHE WAS ABLE TO TALK THE YOUNG MAN INTO COMING OUTSIDE. SHE BEGAN ASKING HIM QUESTIONS IN AN ATTEMPT TO CALM HIM DOWN AND KEEP HIM AWAY FROM THE OFFICE. I SPOKE WITH THE SUSPECT'S SON, MR RICHARD THOMAS, WHO SAID HE WAS ONLY TRYING TO PROTECT HIS MOM AND DID NOT UNDERSTAND WHAT WAS GOING ON. HE WAS VISIBLY UPSET AND AFTER SPEAKING WITH HIS MOTHER/SUSPECT, SHE ADVISED ME THAT HE WAS MENTALLY HANDICAPPED AND HE COULD NOT FULLY GRASP THE SITUATION. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, BEHIND HER BACK, (DOUBLE LOCKED), SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $1,000.00, PER THE BOND SCHEDULE. BOTH THE COMPLAINANT AND WITNESS PROVIDED SWORN WRITTEN STATEMENTS. THE COMPLAINANT ALSO PROVIDED ME WITH SURVEILLANCE FOOTAGE OF THE STRUGGLE BETWEEN HIM AND THE SUSPECT. I PROVIDED THE COMPLAINANT WITH AN AGENCY ISSUED CASE CARD BEARING THIS CASE NUMBER AND MY IDENTIFICATION AND ADVISED THEM TO CONTACT THIS AGENCY WITH ANY ADDITIONAL INFORMATION OR QUESTIONS REGARDING THIS CASE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
