| Probable cause affidavit: |
SUBMITTED BY: STOKES, ERIC 0736 (AR13-8035) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WALMART, TO WIT: DID REMOVE SAID PROPERTY FROM WALMART PASSING ALL FINAL POINTS OF SALE MAKING NO ATTEMPT TO PAY, 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 812.014(2)(E). 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: WHILE ATTEMPTING TO FLEE WALMART WITH THE STOLEN MERCHANDISE, THE DEFENDANT DID PUSH THE VICTIM (LOSS PREVENTION OFFICER), WHILE HE WAS ATTEMPTING TO ESCORT THE DEFENDANT TO THE LOSS PREVENTION OFFICE, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 111813, I WAS DISPATCHED TO WALMART, LOCATED AT 1936 NORTH LECANTO HIGHWAY, LECANTO, IN REFERENCE TO A RETAIL THEFT. WHILE EN ROUTE, I WAS NOTIFIED BY DISPATCH THAT WALMART LOSS PREVENTION WAS ATTEMPTING TO TAKE A SHOPLIFTER INTO CUSTODY AND THAT THE SUBJECT WAS ACTIVELY FIGHTING WITH LOSS PREVENTION. UPON ARRIVAL, I MADE CONTACT WITH VICTIM ONE, LOSS PREVENTION OFFICER, MR BRIAN ELAM, WHO ADVISED THAT HE HAD OBSERVED THE DEFENDANT, MR NATHAN BROWN, WALK IN THE ELECTRONICS DEPARTMENT AND SELECT A DESKTOP COMPUTER. THE DEFENDANT THEN WALKED TO THE GROCERY SECTION OF THE STORE AND SELECTED A BOX OF CANDY, WHICH HE OPENED AND BEGAN EATING WHILE HE WAS IN THE STORE. HE ADVISED THAT THE DEFENDANT ATTEMPTED TO EXIT WALMART (VICTIM TWO) THROUGH THE GARDEN CENTER; HOWEVER THIS EXIT WAS LOCKED DUE TO THE TIME OF DAY. HE ADVISED THAT THE DEFENDANT THEN RE-ENTERED THE STORE AND PLACED THE COMPUTER INSIDE OF A BUGGY, AT WHICH TIME, HE THEN PUSHED THE BUGGY CONTAINING THE COMPUTER TO THE MAIN ENTRANCE, PASSING ALL FINAL POINTS OF SALE, MAKING NO ATTEMPT TO PAY FOR THE COMPUTER, AT THAT TIME, THE DEFENDANT HAD ALREADY EATEN THE BOX OF CANDY. MR ELAM ADVISED THAT HE STOPPED THE DEFENDANT, ANNOUNCED HIMSELF AS LOSS PREVENTION AND ASKED THE DEFENDANT IF HE HAD A RECEIPT FOR THE ITEM. THE DEFENDANT FUMBLED AROUND IN HIS POCKETS FOR A FEW SECONDS AND ATTEMPTED TO RUN OUT THE FRONT DOOR. MR ELAM WRAPPED HIS ARMS AROUND THE DEFENDANT IN AN ATTEMPT TO STOP HIM, AT WHICH TIME; THE DEFENDANT PUSHED HIM DOWN ONTO THE HANDICAP CARTS. MR ELAM ADVISED THAT AFTER CALMING THE DEFENDANT DOWN, HE WAS THEN ABLE TO ESCORT HIM TO THE LOSS PREVENTION OFFICE. I MADE CONTACT WITH THE DEFENDANT AND HE WAS READ HIS MIRANDA RIGHTS VIA PRE-PRINTED AGENCY CARD BEFORE ANY QUESTIONING. THE DEFENDANT ADVISED HE WAS AWARE OF HIS RIGHTS AND DID WISH TO SPEAK WITH ME. I ASKED THE DEFENDANT WHAT HIS INTENTIONS WERE AND HE ADVISED THAT HE WAS GOING TO STEAL THE COMPUTER AND RETURN IT AT A LATER DATE, DUE TO THE HIS CHECKING ACCOUNT BEING IN A NEGATIVE BALANCE AND HE WAS BEHIND ON HIS TRUCK PAYMENTS. THE DEFENDANT ADVISED THAT HE ONLY HAD $1.00 IN HIS POCKET AND HAD NO OTHER MEANS TO PAY FOR THE COMPUTER. ON THE DEFENDANTâS PERSON, WAS FOUND ONE LARGE SILVER SPOON, A CAPPED SYRINGE, A SMALL ROPE, A LIGHTER AND THREE Q-TIPS. THE DEFENDANT ADVISED THAT HE USED THESE ITEMS TO INJECT DILAUDID INTO HIS BLOODSTREAM. I NOTICED A LARGE SWOLLEN AREA ON THE DEFENDANTâS LEFT ARM. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. HE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $1,000.00, PER THE BOND SCHEDULE. A WRITTEN STATEMENT COLLECTED FROM THE VICTIM ALONG WITH A VOIDED RECEIPT TOTALING THE ITEMS TAKEN AND A PICTURE OF THE COMPUTER AND SIMILAR BOX OF CANDY. ALL ITEMS WILL BE TURNED OVER TO CITRUS COUNTY SHERIFF'S OFFICE RECORDS. THE PARAPHERNALIA FOUND ON THE DEFENDANT WAS PACKAGED AND TURNED OVER TO CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE. |
