| Probable cause affidavit: |
SUBMITTED BY: MCLAUGHLIN, ALLISON 0507 (AR07005508) did unlawfully and knowingly take, obtain or use or endeavor to take, obtain or use the property of THE VICTIM (CUMBERLAND FARMS), to-wit: A 12 PACK OF PEPSI, by TAKING POSSESSION OF AND CARRYING AWAY SAID MERCHANDISE, with intent to temporarily or permanently deprive the VICTIM, 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, in violation of Florida Statutes 812.015, 812.014(1) and 812.014(3)a. ON 100707 AT APPROXIMATELY 1245 HOURS, I WAS DISPATCHED TO THE CUMBERLAND FARMS CONVENIENCE STORE LOCATED AT 8078 SOUTH SUNCOAST BOULEVARD, HOMOSASSA IN REFERENCE TO A RETAIL THEFT THAT HAD JUST occurred. UPON ARRIVAL, I MADE CONTACT WITH THE COMPLAINANT, WHO WAS ADVISED BY A CUSTOMER THAT TWO WHITE MALE SUBJECTS HAD TAKEN A 12 PACK OF PEPSI FROM A DISPLAY IN FRONT OF THE STORE AND INQUIRED IF THEY HAD PAID FOR IT. THE FIRST SUBJECT WAS DESCRIBED AS BEING A HEAVIER WHITE MALE WITH BROWN HAIR CARRYING A LONG STICK. THE OTHER SUBJECT WAS DESCRIBED AS BEING A SMALLER WHITE MALE WITH BROWN HAIR WEARING A SHIRT WITH SOME TYPE OF GRAPHICS ON IT. AT THAT TIME, MYSELF, DEPUTY BERGEN AND DEPUTY DOYLE BOLO'D THE AREA AND SURROUNDING AREAS ON FOOT WHICH MET WITH NEGATIVE RESULTS IN LOCATING THE SUBJECTS. IT SHOULD BE NOTED THAT PRIOR TO THIS CALL DEPUTY DOYLE WAS ON AN UNRELATED INCIDENT JUST NORTH OF the CUMBERLAND FARMS AND HAD MADE CONTACT WITH THE SAME TWO SUBJECTS. DEPUTY DOYLE ADVISED that HE WAS FAMILIAR WITH THE SUBJECT DESCRIBED AS BEING A HEAVIER WHITE MALE FROM A PREVIOUS CASE. DEPUTY DOYLE THEN PROVIDED ME WITH THE SUBJECT'S INFORMATION IDENTIFYING HIM AS MR ROY HOOTEN. I THEN PROVIDED THE COMPLAINANT WITH AN AGENCY CARD BEARING MY NAME AND THE CASE NUMBER. LATER ON IN THE DAY AT APPROXIMATELY 1630 HOURS, I WAS TRAVELING SOUTHBOUND ON U S HIGHWAY 19 EN ROUTE TO A TRAFFIC CRASH. UPON PASSING WEST CYPRESS BOULEVARD I OBSERVED A HEAVIER BUILT WHITE MALE WALKING WITH A LONG STICK WHO WAS IN COMPANY WITH ANOTHER WHITE MALE SUBJECT. I RECOGNIZED THIS SUBJECT AS BEING MR ROY HOOTEN, AT WHICH TIME, I NOTIFIED DISPATCH. DEPUTY DOYLE AND DEPUTY BERGEN THEN RESPONDED TO THE LOCATION WHERE I HAD OBSERVED MR HOOTEN AND THE OTHER WHITE MALE SUBJECT. AT THAT TIME, I RESPONDED TO THE WITNESS' ADDRESS TO OBTAIN A WRITTEN STATEMENT. DEPUTY BERGEN AND DEPUTY DOYLE THEN TRANSPORTED MR HOOTEN AND THE OTHER MALE SUBJECT TO MR HOOTEN'S RESIDENCE DUE TO THE MALE SUBJECT NOT BEING THE SUBJECT THAT WAS INVOLVED IN THEFT AT THE CUMBERLAND FARMS. UPON ARRIVAL AT THE RESIDENCE DEPUTY DOYLE AND DEPUTY BERGEN MADE CONTACT WITH THE OTHER SUBJECT INVOLVED IN THE THEFT IDENTIFYING HIM AS MR MATTHEW RIDER. PRIOR TO ASKING THE DEFENDANTS ANY QUESTIONS DEPUTY DOYLE READ THEM THEIR MIRANDA RIGHTS VIA PRE PRINTED CARD. BOTH DEFENDANTS DENIED IN HAVING ANY INVOLVEMENT A THE CUMBERLAND FARMS; HOWEVER THEY BOTH LATER CONFESSED TO TAKING THE 12 PACK OF PEPSI. BOTH DEFENDANTS PROVIDED WRITTEN STATEMENTS. DEFENDANT HOOTEN ADVISED THAT WHILE IN THE COMPANY OF HIS COUSIN/DEFENDANT RIDER THEY WERE WALKING IN FRONT OF CUMBERLAND FARMS. HE ADVISED HE WAS THIRSTY, AT WHICH TIME, HE TOOK THE 12 PACK OF PEPSI FROM IN FRONT OF THE STORE. DEFENDANT RIDER STATED THAT HE WAS WALKING IN FRONT OF THE STORE WITH HIS COUSIN/DEFENDANT HOOTEN, AT WHICH TIME, HE OBSERVED DEFENDANT HOOTEN TAKE A 12 PACK OF PEPSI. DEFENDANT RIDER ADVISED THAT HE WAS FULLY AWARE THAT DEFENDANT HOOTEN HAD STOLEN THE PRODUCT AND HAVING THIS KNOWLEDGE HE DID CONSUME THE PRODUCT. BOTH DEFENDANTS ADVISED THAT THEY WERE AWARE THAT THEY WERE DEPRIVING CUMBERLAND FARMS OF their MERCHANDISE. THE TOTAL VALUE OF THE MERCHANDISE WAS $3.79. AT that TIME, BOTH DEFENDANTS WAS PLACED UNDER ARREST AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY BERGEN. THE WITNESS PROVIDED ME WITH A WRITTEN STATEMENT, TO WHICH SHE STATED THAT UPON DRIVING INTO THE CUMBERLAND FARMS AT APPROXIMATELY 1245 HOURS, SHE OBSERVED A WHITE MALE TAKE A 12 PACK OF SODA FROM A display IN FRONT OF THE STORE. SHE ADVISED THAT ONE OF the MALE SUBJECTS WAS WALKING WITH A STICK IN WAS IN THE COMPANY OF A THINNER WHITE MALE WEARING A SHIRT WITH some TYPE OF GRAPHICS. THE WITNESS STATED THAT SHE THEN ASKED THE CLERK IF THE SUBJECTS HAD PURCHASED THE SODA. TO WHICH THE CLERK STATED NO. I THEN RESPONDED TO THE CITRUS COUNTY DETENTION FACILITY WHERE BOTH DEFENDANTS WERE CHARGED WITH RETAIL THEFT. BOTH DEFENDANTS WERE RELEASED OWN their OWN RECOGNIZANCE. *NOT-EXEMPT* |
