| Probable cause affidavit: |
SUBMITTED BY: FERGUSON, R ADAM 0505 (AR10115901) UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: CLOTHING MERCHANDISE, OF THE VALUE OF LESS THAN $300.00, 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 HER OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, IN VIOLATION OF FLORIDA STATUTE 812.014(3)(A) AND 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) AND DID UNLAWFULLY COMMIT BATTERY UPON THE VICTIM BY ACTUALLY AND INTENTIONALLY TOUCHING OR STRIKING SAID PERSON AGAINST SAID PERSON'S WILL, OR BY INTENTIONALLY CAUSING BODILY HARM, TO WIT: PUNCHED THE VICTIM IN THE JAW, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 071810, I RESPONDED TO THE CRYSTAL RIVER MALL IN REFERENCE TO A THEFT THAT HAD JUST OCCURRED. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM, THE LOSS PREVENTION OFFICER FOR KMART, WHO ADVISED THAT TWO FEMALES, BOTH OF WHOM HE DESCRIBED AS BEING ABOUT FIVE FEET FIVE INCHES TALL, TWENTY YEARS OLD, AND HEAVY-SET, WERE IN THE WOMEN'S CLOTHING SECTION. HE STATED HE OBSERVED THE FIRST FEMALE, LATER IDENTIFIED AS THE JUVENILE DEFENDANT, SELECT A BLUE AND WHITE POLKA-DOTTED BRA AND A PAIR OF BLACK SHORTS AND CONCEAL THEM IN HER PURSE. HE STATED THE SECOND FEMALE, LATER IDENTIFIED AS DEFENDANT ONE, MS MISTY NICHOLS, APPEARED TO BE ACTING AS A LOOKOUT WHILE THE JUVENILE DEFENDANT WAS SELECTING THE ITEMS. AFTER THE JUVENILE DEFENDANT SELECTED AND CONCEALED THE ITEMS, SHE WALKED OVER TO DEFENDANT NICHOLS, OPENED HER BAG AND SHOWED DEFENDANT NICHOLS WHAT SHE HAD SELECTED. THE VICTIM CONTINUED TO WATCH AS DEFENDANT NICHOLS SELECTED A PAIR OF 'ROUTE 66' JEANS, PUT THEM ON, ON TOP OF HER SHORTS, THEN BOTH PROCEEDED TO EXIT THE STORE. THE VICTIM ADVISED AFTER BOTH DEFENDANTS HAD PASSED ALL POINTS OF PURCHASE, HE STOPPED THEM AND IDENTIFIED HIMSELF AS THE LOSS PREVENTION OFFICER, AT WHICH TIME HE ADVISED THEM TO RETURN INSIDE OF THE STORE WITH THE STOLEN MERCHANDISE. THE VICTIM ADVISED THE DEFENDANTS REFUSED TO RE-ENTER THE STORE AND THE JUVENILE DEFENDANT DENIED HAVING ANY KNOWLEDGE OF A THEFT. AS HE BEGAN TO DESCRIBE THE MERCHANDISE, THE JUVENILE DEFENDANT RAN AS DEFENDANT NICHOLS PUNCHED THE VICTIM IN THE JAW AND LEFT THE STORE. THE VICTIM STATED HE OBSERVED BOTH DEFENDANTS GET INTO A BROWN CHEVROLET PICKUP TRUCK BEARING FLORIDA TAG DIG20. THE VICTIM DESCRIBED THE JUVENILE DEFENDANT AS BEING 5'05, HEAVY SET, WITH LONGER BLONDE HAIR, WEARING A WHITE SHIRT, BLUE SHORTS AND CARRYING A CREAM COLORED PURSE. THE VICTIM DESCRIBED THE SECOND DEFENDANT AS BEING 5'05, HEAVY SET WITH VERY SHORT BROWN HAIR, SEVERAL PIERCINGS, WEARING A GRAY TEE SHIRT, THE STOLEN JEANS AND WHITE RUBBER BOOTS. THE VICTIM COMPLETED A SWORN WRITTEN STATED, ADVISING WHAT HAD TAKEN PLACE AND ADVISED THE APPROXIMATE VALUE OF THE STOLEN MERCHANDISE TO BE FORTY DOLLARS. I RESPONDED TO DEFENDANT NICHOLS' RESIDENCE WHICH WAS THE ADDRESS ON THE VEHICLE REGISTRATION. I WAS ABLE TO MAKE CONTACT WITH BOTH DEFENDANTS WHO MATCHED THE VICTIM'S DESCRIPTIONS EXACTLY EXCEPT THAT DEFENDANT NICHOLS WAS NO LONGER WEARING JEANS OR WHITE RUBBER BOOTS AND DID NOT HAVE ANY PIERCINGS. BOTH DEFENDANTS ADMITTED TO BEING AT KMART, HOWEVER, DENIED STEALING ANY MERCHANDISE. DEFENDANT NICHOLS ADVISED THEY WERE STOPPED WHILE ATTEMPTING TO LEAVE THE STORE BY A SUBJECT WHO SHE THOUGHT WAS ATTACKING HER, AT WHICH TIME SHE STATED SHE PUNCHED HIM. DEFENDANT NICHOLS INVITED DEPUTY FARNHAM AND I INTO HER ROOM SO SHE COULD SHOW US WHAT JEANS SHE HAD BEEN WEARING. AS I ENTERED THE ROOM, DEFENDANT NICHOLS WENT TO A DRESSER, OPENED A DRAWER AND PULLED OUT A NEATLY FOLDED PAIR OF JEANS. HOWEVER, LYING ON THE FLOOR NEXT TO THE BED WAS A PAIR OF NEW 'ROUTE 66' JEANS WHICH STILL HAD SALES STICKERS INSIDE OF THE POCKET. THERE WAS ALSO A PAIR OF WHITE RUBBER BOOTS ON THE FLOOR NEXT TO THE 'ROUTE 66' JEANS. INSIDE THE POCKET OF THE 'ROUTE 66' JEANS THERE WAS ALSO AN EYEBROW RING WHICH BELONGED TO DEFENDANT NICHOLS. DEFENDANT NICHOLS AGAIN DENIED ANY KNOWLEDGE OF ANY STOLEN MERCHANDISE. AT THAT TIME DEFENDANT NICHOLS WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK, SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. UPON ARRIVAL, DEFENDANT NICHOLS WAS CHARGED WITH ONE COUNT OF RETAIL THEFT, ONE COUNT OF RESISTING A MERCHANT AND ONE COUNT OF SIMPLE BATTERY. HER BOND WAS SET AT A TOTAL OF $1,500.00, IN ACCORDANCE WITH THE BOND SCHEDULE. *NOT-EXEMPT* |
