| Probable cause affidavit: |
SUBMITTED BY: LOVULLO SARA 0723 (AR12-3242) (12-187711) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF CIRCLE K, TO WIT: DEFENDANT DID TAKE TWO BAGS OF ICE AND A FOUNTAIN DRINK 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 STATUTE 812.015 ON 102312 AT APPROXIMATELY 1649 HOURS, I WAS DISPATCHED TO THE CIRCLE K WHICH IS LOCATED AT 1224 NORTH U S HIGHWAY 41 IN INVERNESS, IN REFERENCE TO A THEFT THAT HAD ALREADY OCCURRED. UPON MY ARRIVAL, I MADE CONTACT WITH THE STORE CLERK/COMPLAINANT, MR ERIC SHAW. HE ADVISED THAT A REGULAR CUSTOMER LATER IDENTIFIED AS THE DEFENDANT, MR MICHAEL BORSKI III, ENTERED THE STORE TODAY (102312) AT APPROXIMATELY 1645 HOURS, AND PURCHASED A PACK OF CIGARETTES. HE ADVISED THAT THE DEFENDANT THEN EXITED THE STORE, AND APPROXIMATELY THREE MINUTES LATER HE ENTERED THE STORE WITH AN UNIDENTIFIED WHITE FEMALE, LATER IDENTIFIED AS MS AMBER POSEY. HE OBSERVED BOTH SUBJECTS WALK OVER TO THE DRINK MACHINE AND THE DEFENDANT GRABBED A FOUNTAIN DRINK, AND THEN PASSED ALL POINTS OF EXIT WITHOUT PAYING. THE COMPLAINANT STATED THAT A WITNESS, MR JEFFREY STAFFORD, CAME IN AND ADVISED HIM THAT HE OBSERVED MS POSEY LOAD TWO BAGS OF ICE IN THE REAR DRIVERâS SIDE OF A WHITE FOUR DOOR VEHICLE BEFORE THE DEFENDANT AND MS POSEY ENTERED THE STORE. THE COMPLAINANT STATED THAT HE THEN RAN OUT OF THE STORE AND YELLED AT THE DEFENDANT AND MS POSEY, TELLING THEM THAT THEY DID NOT PAY FOR THE ITEMS. HE FURTHER STATED THAT THE DEFENDANT AND MS POSEY THEN GOT INTO A WHITE FOUR DOOR HYUNDAI VEHICLE BEARING FLORIDA LICENSE PLATE 419WDJ AND DROVE AWAY. THE COMPLAINANT STATED THAT HE WALKED BACK INTO THE STORE AND CALLED THE CITRUS COUNTY SHERIFF'S OFFICE TO RESPOND TO THE STORE. I THEN ASKED IF HE HAD ANY VIDEO SURVEILLANCE, TO WHICH HE STATED YES. THE COMPLAINANT THEN CONTACTED HIS SUPERVISOR TO OBTAIN THE VIDEO. UPON HER ARRIVAL, WHILE REVIEWING THE TAPE, I OBSERVED THE DEFENDANT ENTER THE STORE AT APPROXIMATELY 1645 TODAY ON 102312, AND PURCHASE A PACK OF CIGARETTES. I THEN OBSERVED MS POSEY LOAD TWO BAGS OF ICE INTO THE REAR DRIVERâS SIDE REAR OF THE VEHICLE, WHICH THE ICE WAS LOCATED IN A COOLER IN THE FRONT OF THE STORE. I ALSO OBSERVED THE DEFENDANT AND MS POSEY GO INTO THE STORE TOGETHER AND THE DEFENDANT WALKED OVER TO THE DRINK MACHINE AND GOT A FOUNTAIN DRINK AND HE THEN EXITED THE STORE, AND PASSED ALL POINTS OF EXIT WITHOUT PAYING. I ASKED THE SUPERVISOR WHAT THE TOTAL AMOUNT OF THE ITEMS TAKEN WAS, AND SHE ADVISED IT WAS APPROXIMATELY $8.95. SHE FURTHER ADVISED THAT THEY WANTED TO PURSUE CHARGES FOR THE THEFT. THE SUPERVISOR ALSO ADVISED THAT SHE WOULD MAKE A COPY OF THE SURVEILLANCE TAPE AND WOULD CONTACT THIS AGENCY WHEN IT WAS READY TO BE PICKED UP. I THEN HANDED THE COMPLAINANT AND WITNESS SWORN WRITTEN STATEMENT FORMS, WHICH WERE BOTH FILLED OUT, SIGNED AND LATER TURNED INTO RECORDS. THEY WERE ALSO ISSUED AN AGENCY CASE CARD CONTAINING MY NAME AND CASE NUMBER AND REQUESTED THAT THEY CONTACT THIS AGENCY WITH ANY QUESTIONS OR FURTHER INFORMATION REGARDING THIS CASE. I THEN CONDUCTED A SEARCH AND RAN THE LICENSE PLATE IN FCIC/NCIC AND OBTAINED AN ADDRESS OF 2365 VERDE COURT IN HERNANDO. I RESPONDED TO THAT ADDRESS AND MADE CONTACT WITH THE VEHICLE OWNER, MR LEWIS POSEY. I ASKED HIM IF HE KNEW WHERE HIS VEHICLE WAS TODAY AT 1645 HOURS, TO WHICH HE STATED THAT HIS GRANDDAUGHTER, MS AMBER POSEY AND HER BOYFRIEND, MR MICHAEL BORSKI, HAD THE VEHICLE. I ASKED HIM IF HE KNEW WHERE THEY WERE AT THIS TIME AND HE ADVISED THAT THEY WERE STAYING AT 223 CHERRY AVENUE IN INVERNESS. DEPUTY BEETOW AND I RESPONDED TO THAT ADDRESS, TO MAKE CONTACT WITH THE DEFENDANT AND MS POSEY. UPON MY ARRIVAL I SPOKE WITH MS POSEY AND INTRODUCED MYSELF. SHE ADVISED THAT SHE LOADED THE ICE INTO THE VEHICLE AND TOLD THE DEFENDANT TO PAY FOR THE ICE. SHE FURTHER STATED THAT SHE HAD NO IDEA THAT THE ICE AND FOUNTAIN DRINK WERE NOT PAID FOR. I THEN MADE CONTACT WITH THE DEFENDANT AND INTRODUCED MYSELF. I THEN READ THE DEFENDANT HIS MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK TO ME AT THAT TIME, TO WHICH HE REPLIED THAT HE DID UNDERSTAND HIS RIGHTS AND WISHED TO SPEAK WITH ME. THE DEFENDANT ADVISED THAT HE TOOK TWO BAGS OF ICE AND A FOUNTAIN DRINK FROM CIRCLE K AND THAT HE DID NOT PAY FOR THE ITEMS. HE FURTHER ADVISED THAT MS POSEY DID NOT KNOW THAT HE DID NOT PAY FOR THE ICE AND THE FOUNTAIN DRINK. I THE DEFENDANT WAS PLACED UNDER ARREST FOR RETAIL THEFT, HANDCUFFED, (DOUBLE LOCKED), BEHIND HIS BACK, 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 $500.00, PER THE BOND SCHEDULE. |
