| Probable cause affidavit: |
SUBMITTED BY: MENDIGUTIA, RICARDO 0529 (AR08105448) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF PUBLIX, TO WIT: PUBLIX BAG OF ICE ($3.29), TWO FRUIT AND NUT SPRING MIX ($8.50), JVL NEW ORLEANS BR ($3.59), OM XXL DELI STYLE ($3.00), SOLO TEN INCH U/COLOR PL ($3.29), REYNOLDS FOIL ($5.39), CORONAL LNNR ($11.99), BUDLIGHT 18 PACK ($14.29), PUBLIX SL STRING COMBO ($2.99), NEW YORK STRIP STEAK ($19.06), NEW YORK STRIP STEAK ($21.34), WITH A TOTAL OF $103.43, 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, IN VIOLATION OF FLORIDA STATE STATUTES 812.015(8)(A), 812.014(1), AND 812.014(3)(A). ON 092808, I RESPONDED TO 1420 NORTH U HIGHWAY 41 THE PUBLIX GROCERY STORE, IN REFERENCE TO A THEFT UPON ARRIVAL, I MADE CONTACT WITH THE STORE MANAGER, MR TRACY TYSON, WHO ADVISED THAT HE OBSERVED THE DEFENDANT, MR MATTHEW SUTTON, WITH PUBLIX GROCERY BAGS IN HIS GROCERY CART. MR TYSON ADVISED AS THE DEFENDANT WALKED UP AND DOWN THE AISLES, HE WAS PICKING UP ITEMS AND PLACING THEM IN THE PUBLIX GROCERY BAGS. THE MANAGER THEN CONTACTED MR JACOB, ASSISTANT STORE MANAGER AND ALERTED HIM ABOUT THE SUSPICIOUS SUSPECT/DEFENDANT. THE ASSISTANT MANGER THEN STOOD AT THE FRONT OF THE STORE, AT WHICH TIME, BOTH MANAGERS OBSERVED THE DEFENDANT GO PAST THE REGISTERS, MAKING NO ATTEMPT TO PAY FOR THE ITEMS. WITH THE ITEMS ALREADY BAGGED IN THE GROCERY CART, THE DEFENDANT STOPPED AT THE WEIGH SCALE AND WEIGHED HIMSELF, MAKING A COMMENT TO MR JACOB, THE ASSISTANT STORE MANGER, THAT HE WAS LOSING A LOT OF WEIGHT. THE DEFENDANT THEN PROCEEDED WITH THE GROCERY CART OUT TOWARDS HIS VEHICLE AND UPON APPROACHING THE BED OF HIS TRUCK, BEGAN PLACING THE BAGS IN TO THE TRUCK, AT WHICH TIME, HE OBSERVED THE MANAGER AND ASSISTANT MANAGER APPROACHING. THE DEFENDANT THEN PUT THE ITEMS BACK IN THE GROCERY CART, WALKED UP ANOTHER AISLE IN THE PARKING LOT AND BEGAN TO WALK BACK TOWARDS THE STORE. UPON BEING APPROACHED BY THE STORE MANAGER, THE DEFENDANT WAS ASKED TO RETURN TO THE STORE TO THE OFFICE, TO WHICH HE COMPLIED. THE DEFENDANT ADVISED HE WAS GOING OUT TO HIS VEHICLE TO SEE IF HIS WIFE WAS IN THE VEHICLE, WHO HAD THE MONEY FOR THE ITEMS AND HE WAS GOING TO RETURN BACK IN TO THE STORE AND PAY FOR THE ITEMS. HOWEVER, UPON THIS DEPUTY INTERVIEWING THE DEFENDANT, HE CONFIRMED HE DID NOT HAVE A WIFE OUTSIDE. THE DEFENDANT ADVISED HE WAS WITH AN UNKNOWN FEMALE ONLY KNOWN AS JULIE AND HE DID NOT KNOW HER WHEREABOUTS AT THIS TIME. THE DEFENDANT STATED HE WAS ONLY TAKING THE ITEMS PER HER REQUEST AND SHE HAD ADVISED HIM SHE WOULD PAY FOR THE ITEMS AND HE HAD EXITED THE STORE IN AN ATTEMPT TO LOCATE HER. MR TYSON PROVIDED A WRITTEN STATEMENT. A PROPERTY RECEIPT WAS COMPLETED AND THE PROPERTY WAS TURNED BACK OVER TO THE STORE. MR TYSON WAS PROVIDED WITH A COPY OF THE RECEIPT. THE DEFENDANT WAS THEN PLACED UNDER ARREST, HANDCUFFED BEHIND HIS BACK (DOUBLE LOCKED) AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, WHERE HIS BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
