| Probable cause affidavit: |
SUBMITTED BY: GERENA, GABRIEL 1361 (AR16-40470) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WALMART, TO WIT: 27 ITEMS OF MISCELLANEOUS MERCHANDISE, 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 MORE THAN $300.00, IN VIOLATION OF FLORIDA STATE STATUTE 812.015(8). ON 032616 AT APPROXIMATELY 1233 HOURS, I WAS DISPATCHED TO WALMART IN INVERNESS, LOCATED AT 2461 EAST GULF TO LAKE HIGHWAY, IN REFERENCE TO A PAST THEFT THAT OCCURRED ON 032416. UPON ARRIVAL, I MADE CONTACT WITH THE COMPLAINANT, MR KENNETH CHEW, WHO STATED THAT ON 032416, HE OBSERVED A FEMALE ON THE SALES FLOOR GRABBING MULTIPLE MISCELLANEOUS ITEMS AND PLACING THEM INSIDE HER SHOPPING CART. THE COMPLAINANT STATED THAT THE FEMALE SUBJECT THEN PROCEEDED TO THE SELF CHECKOUT AREA WHERE SHE DID NOT SCAN SEVERAL OF THE ITEMS. SHE THEN LEFT THE STORE PASSING ALL POINTS OF SALE AND MADE NO ATTEMPT TO PAY FOR THE STOLEN ITEMS. THE COMPLAINANT STATED HE OBSERVED THE FEMALE WALK OUT OF THE STORE TO A WHITE IN COLOR CHEVY TAHOE, PUT THE ITEMS INTO THE VEHICLE, AND THEN GET INSIDE THE VEHICLE AND LEAVE THE WALMART PARKING LOT. THE COMPLAINANT STATED THAT THE OUTSIDE SURVEILLANCE FOOTAGE WAS ABLE TO GET THE DEFENDANT'S VEHICLE TAG, WHICH WAS 556KTC. WHILE SPEAKING WITH THE COMPLAINANT HE WAS ABLE TO PROVIDE ME WITH A COPY OF THE IN-STORE VIDEO FOOTAGE AND OUTSIDE VIDEO FOOTAGE, AN ITEMIZED RECEIPT OF THE ITEMS THAT THE DEFENDANT STOLE, STILL PHOTOGRAPHS OF THE IN STORE VIDEO OF THE DEFENDANT, AND A WRITTEN STATEMENT FORM. DURING MY INVESTIGATION, I RAN THE TAG THE COMPLAINANT PROVIDED ME THROUGH "DAVID" AND THE TAG CAME BACK TO MS NICHOLE BUTLER. THE TAG ALSO CAME BACK MATCHING THE DESCRIPTION OF THE SUSPECT'S VEHICLE OF A WHITE IN COLOR 2002 CHEVY TAHOE, AND PROVIDED ME OF THE ADDRESS OF THE DEFENDANT OF 6003 EAST TURNER CAMP ROAD APARTMENT B, INVERNESS, FLORIDA. UPON ARRIVAL AT THE DEFENDANT'S RESIDENCE, I KNOCKED ON THE DOOR AND A FEMALE, LATER IDENTIFIED BY HER DRIVER'S LICENSE AS MS NICHOLE BUTLER (DEFENDANT), ANSWERED THE DOOR. I EXPLAINED TO THE DEFENDANT WHY I WAS THERE AND EXPLAINED THE EVIDENCE THAT I HAD FOR HER ARREST. I THEN READ THE DEFENDANT HER MIRANDA RIGHTS IN WHICH SHE STATED SHE UNDERSTOOD HER RIGHTS. I THEN ASKED THE DEFENDANT IF SHE WISHED TO SPEAK WITH ME AND I ASKED THE DEFENDANT IF SHE STOLE ITEMS FROM WALMART ON 032416, TO WHICH SHE REPLIED THAT SHE MIGHT HAVE, SHE DID NOT KNOW. I THEN ASKED THE DEFENDANT IF SHE WAS WILLING TO FILL OUT A WRITTEN STATEMENT FORM, TO WHICH SHE STATED SHE DID NOT WISH TO SPEAK TO ME ANY MORE. I THEN PLACED THE DEFENDANT IN HANDCUFFS (DOUBLE LOCKED) BEHIND HER BACK, SECURED HER IN THE REAR OF MY PATROL VEHICLE, AND TRANSPORTED HER TO THE COUNTY DETENTION FACILITY. THE DEFENDANT'S BOND WAS SET AT $2,000.00 PER THE BOND SCHEDULE. NO FURTHER ACTION WAS TAKEN BY THIS DEPUTY. |
