| Probable cause affidavit: |
SUBMITTED BY: BYRD, JEDIDIAH 0737 (AR11122638) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: PLACED CASH IN HIS POCKET ON MULTIPLE OCCASIONS, 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). KNOWINGLY MADE A FALSE STATEMNT IN WRITING WITH THE INTENT TO MISLEAD A PUBLIC SERVANT IN THE PREFORMANCE OF HIS OFFICIAL DUTY, IN VIOLATION OF FLORIDA STATE STATUTE 837.06. ON 090611 I WAS DISPATCHED TO 4089 NORTH LECANTO HIGHWAY IN BEVERLY HILLS TO SUBWAY IN REFERENCE TO A THEFT THAT HAD ALREADY OCCURRED. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM, MR DAVID LAMBO, WHO STATED THAT HE WAS GOING THROUGH HIS COMBINED CASH-IN SHEET FOR THE STORE AND HE NOTICED A DISCREPANCY IN THE AMOUNT OF MONEY BEING DEPOSITED INTO THE SAFE FOR THE SUSPECT, MR MICHAEL HANES, ON MULTIPLE OCCASIONS DATING BACK TO 060611. THE SUSPECT WAS HIRED ON 041111. THE VICTIM STATED HE TRIED TO QUESTION THE SUSPECT ABOUT THE DISCREPANCIES THAT WERE HAPPENING WHEN HE CLOSED THE STORE. HE STATED THE SUSPECT TRIED TO EXPLAIN THAT HE DEPOSITS THE MONEY AND THEN RECHECKS THE SYSTEM. THE VICTIM STATED THAT IS NOT POSSIBLE. THE SUSPECT THEN SAID TO HIM, AM I BEING ACCUSED OF STEALING, IF SO THEN I AM OUT OF HERE, AND HE THEN LEFT. I THEN SPOKE WITH THE SUSPECT, MR MICHAEL HANES, WHO VIA TELEPHONE AGREED TO RETURN TO THE SUBWAY AND PROVIDE ME WITH A SWORN STATEMENT. I THEN READ THE SUSPECT MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE DID. I THEN ASKED HIM IF HE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH HE ADVISED THAT HE WOULD. THE SUSPECT ADVISED THAT HE WAS ACCUSED OF STEALING MONEY TODAY FROM THE REGISTER BECAUSE OF A CUSTOMER THAT HE RANG UP WRONG YESTERDAY. HE STATED THAT THE VICTIM PULLED UP THE CASH-IN SHEET AND SHOWED HIM DIFFERENCES IN THE OVERAGE AND SHORTAGE IN THE REGISTER. THE SUSPECT STATED THE ONLY TIME HE HAS RECEIVED MONEY FROM SUBWAY WAS FROM PAYCHECK AND TIPS. HE ALSO SAID THAT HE HAD RECEIVED MONEY FROM ANOTHER EMPLOYEE, MS MICHELLE GONZALEZ, WHO HE SAID HAS BEEN TAKING MONEY OUT OF THE REGISTER AND CHARGING PEOPLE THE WRONG AMOUNTS. HE STATED THAT THE VICTIM SHOULD LOOK INTO THE TRANSACTIONS OF MS MICHELLE GONZALEZ, AS HE WORKS WITH HER AND CLOSES SOME NIGHTS. HE ADVISED ME THAT THIS IS WHERE THE AVERAGE DIFFERENCES ARE COMING FROM. HE ADVISED THAT WHEN HE DOES CASH-INS, IT HAS COME UP NUMEROUS TIMES OVER, WHICH I DROPPED THE MONEY INTO THE SAFE. HE SAID THAT HE WAS TOLD BY THE VICTIM THAT THERE IS NO RECORD OF HIM DROPPING MONEY INTO THE SAFE. HE ADVISED THAT THERE IS NO WAY THE EMPLOYEES CAN RECORD DROPS AT THE END OF THE DAY. THE SUSPECT TOLD ME THAT WE CAN CHECK EVERY CAMERA AND WE WILL FIND THAT HE HAS NEVER STOLEN ANYTHING FROM THE STORE. I PROVIDED THE VICTIM WITH A WRITTEN STATEMENT TO COMPLETE, WHICH HE ADVISED HE NEEDED COPIES OF HIS CASH-IN REPORTS TO COMPLETE IT. THE VICTIM ADVISED THAT HE WILL REVIEW HIS SURVEILLANCE TAPES AND COPY THE ONES THAT ARE RELEVANT AND TURN THEM IN TO US. I PROVIDED THE VICTIM 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. LATER IN THE NIGHT, THE VICTIM CONTACTED ME AND ADVISED ME THAT HE REVIEWED SURVEILLANCE VIDEO FROM 082611 AND 082711 AND HE ADVISED THAT HE WITNESSED THE SUSPECT ON CAMERA PUTTING MONEY INTO HIS POCKET FROM THE REGISTER. HE ADVISED ME THAT THERE ARE STILL MULTIPLE OCCASIONS TO BE REVIEWED IN REFERENCE TO CASH BEING MISSING ON THE CASH-IN REPORT. I WITNESSED THE SURVEILLANCE VIDEO TAPE SHOWING THE SUSPECT PLACING MONEY FROM THE REGISTER INTO HIS POCKET ON 082611 AND 082611 AT APPROXIMATELY 2300 HOURS. I CONTACTED DEPUTY MULLINS WHO RESPONDED TO THE SUSPECT'S RESIDENCE, ADVISED THE SUSPECT THAT HE WAS BEING ARRESTED AND TRANSPORTED THE SUSPECT TO THE CITRUS COUNTY DETENTION FACILITY WHERE I MET THE SUSPECT, SEE HIS SUPPLEMENT. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, I ADVISED THE SUSPECT WHAT HE WAS BEING ARRESTED FOR. THE SUSPECT STILL DENIED TAKING ANY MONIES EVEN AFTER BEING TOLD IT WAS CAPTURED ON SURVEILLANCE VIDEO. THE DEFENDANT WAS ARRESTED FOR GRAND THEFT AND MAKING A FALSE WRITTEN STATEMENT WITH INTENT TO MISLEAD. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $2,250.00, PER THE BOND SCHEDULE. "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* |
