Probable cause affidavit: |
SUBMITTED BY: CREEL, JUSTIN 0661 (AR10118482) 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: REPEATEDLY STRIKING VICTIM ALBRITON IN THE FACE WITH HIS FISTS, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 122010 AT APPROXIMATELY 1020 HOURS, I WAS DISPATCHED TO CVS PHARMACY AT 602 WEST MAIN STREET IN INVERNESS, IN REFERENCE TO AN ATTEMPTED RETAIL THEFT. PRIOR TO MY ARRIVAL, I WAS ADVISED BY DISPATCH THAT THE SUSPECT LATER IDENTIFIED AS MR MICHAEL ALBRITON (DEFENDANT ) LEFT IN A GRAY FORD VAN BEARING FLORIDA TAG NUMBER M32-7CR AND WAS PASSENGER. THE DRIVER WAS ALSO LATER IDENTIFIED AS MR MITCHELL SHEPPARD, ALSO DEFENDANT. UPON ARRIVAL, I WAS ADVISED BY MS MESHELL THOMPSON, WHO IS the SHIFT SUPERVISOR AT CVS PHARMACY, THAT DEFENDANT ALBRITON HAD COME INTO the STORE AND ATTEMPTED TO STEAL A FLAT SCREEN TELEVISION THAT WAS IN A BOX; HOWEVER, UPON TRYING TO EXIT the STORE MS THOMPSON KNOCKED THE BOX OUT OF DEFENDANT ALBRITON'S HAND CAUSING the PLASTIC HANDLE TO BOX TO BREAK FREE. AT THAT TIME DEFENDANT ALBRITON LEFT the TELEVISION ON THE GROUND AND FLED TO THE VEHICLE. A CHECK OF THE VEHICLE'S TAG NUMBER REVEALED THAT THE VEHICLE WHICH DEFENDANT ALBRITON HAD LEFT the SCENE IN WAS REGISTERED TO MR MITCHELL SHEPPARD, WHO LIVES ON TH WEST SIDE OF the COUNTY. I THEN HAD WESTSIDE DEPUTIES RESPOND TO SHEPPARD'S RESIDENCE IN AN ATTEMPT TO MAKE CONTACT with SHEPPARD AND ALBRITON. WEST SIDE DEPUTIES TABB AND DOYLE MADE CONTACT WITH BOTH ALBRITON and SHEPPARD. A RECORDS CHECK USING DEFENDANT ALBRITION'S IDENTIFICATION CARD SHOWED AN ACTIVE WARRANT out OF MARION COUNTY FOR HIS ARREST. DEFENDANT ALBRITON WAS THEN PLACED UNDER ARREST FOR the WARRANT AND WAS TRANSPORTED BACK TO CVS PHARMACY BY DEPUTY TABB FOR WITNESS VERIFICATION. MS THOMPSON DID POSITIVELY IDENTIFY DEFENDANT ALBRITON AS THE SUBJECT WHO HAD ENTERED STORE EARLIER. UPON MY ARRIVAL, DEFENDANT ALBRITON WAS ADVISED OF HIS MIRANDA WARNING VIA PRE PRINTED CARD BY DEPUTY HOWARD, WHO WAS ASSISTING ON SCENE. DEFENDANT ALBRITON ADVISED HE UNDERSTOOD HIS RIGHTS AND AGREED TO SPEAK WITH DEPUTY HOWARD. DEFENDANT ALBRITON ADVISED HE WAS IN FACT the SUBJECT WHO ATTEMPTED TO STEAL THE FLAT SCREEN TELEVISION FROM CVS PHARMACY JUST A SHORT TIME EARLIER and HE CORROBORATED THE WITNESS' STATEMENTS. DEPUTY HOWARD NOTICED DEFENDANT ALBRITON HAD A BUSTED UPPER LIP AS WELL AS A BUSTED LOWER LIP, which DEFENDANT ALBRITON ADVISED DEFENDANT SHEPPARD HAD PUT HIM UP TO STEALING THE TV FROM CVS PHARMACY FOR EXCHANGE FOR HEROIN AND when DEFENDANT ALBRITON DID NOT COME BACK WITH THE TELEVISION DEFENDANT SHEPPARD STARTED STRIKING HIM in the FACE BECAUSE HE WAS MAD. A SWORN WRITTEN STATEMENT WAS OBTAINED FROM DEFENDANT ALBRITON IN RELATION TO HIM BEING STRUCK IN THE FACE BY DEFENDANT SHEPPARD. DEFENDANT SHEPPARD WAS LATER ARRESTED FOR BATTERY ON DEFENDANT ALBRITON, ARREST NUMBER AR10118482. DEFENDANT SHEPPARD'S BOND WAS SET AT $250.00, PER THE BOND SCHEDULE. DEFENDANT ALBRITON WAS PLACED UNDER ARREST FOR ATTEMPTED RETAIL PETIT THEFT (AR10118479) AND THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING and PROCESSING BY DEPUTY DOYLE. THE DEFENDANT BOND WAS SET $500, 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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |