| Probable cause affidavit: |
SUBMITTED BY: RAMOS, RABALDO 0515 (AR09107568) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WINN DIXIE, TO WIT: $36.33 WORTH OF GROCERIES, 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 LESS THAN $300.00, IN VIOLATION OF FLORIDA STATE STATUTES 812.015, 812.014(1), AND 812.014(3)(A); AND DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY RABALDO RAMOS, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: PULLING AWAY AND REFUSING TO PROVIDE HER RIGHT HAND FOR HANDCUFFING, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 020709, I WAS DISPATCHED TO 3565 NORTH LECANTO HIGHWAY BEVERLY HILLS WINN DIXIE, IN REFERENCE TO A RETAIL THEFT THAT HAD ALREADY OCCURRED. AS I WAS RESPONDING TO WINN DIXIE I WAS ADVISED THAT THE SUBJECT LEFT IN A GOLD FOUR DOOR VEHICLE BEARING FLORIDA TAG 906VCH. ACCORDING TO THE CALL SCREEN THE TAG CAME BACK TO MS NICOLE RUSSANO WITH AN ADDRESS OF 16 DONNA STREET IN BEVERLY HILLS. THE CALL SCREEN WAS THEN UPDATED AGAIN ADVISING THAT THE DEFENDANT RETURNED BACK TO THE STORE. I THEN CALLED THE COMPLAINANT, THE MANAGER OF WINN DIXIE, AND HE CONFIRMED THAT SHE WAS STILL IN THE STORE AND RIGHT IN FRONT OF HIM. I ASKED HIM WHAT SHE WAS WEARING AND HE ADVISED ALL BLACK. AS I ARRIVED AT WINN DIXIE, I NOTICED A GOLD IN COLOR FOUR DOOR VEHICLE PARKED IN FRONT WITH THE LIGHTS ON. AS I WALKED TOWARD THE VEHICLE I NOTICED THAT THE VEHICLE WAS RUNNING AND NO ONE WAS INSIDE. AT THAT TIME, THE MANAGER WAS STANDING OUTSIDE WAITING FOR MY ARRIVAL. THE MANAGER THEN WALKED TOWARDS ME AND POINTED OUT THE DEFENDANT AS SHE WAS EXITING THE STORE. I THEN ASKED THE DEFENDANT FOR HER DRIVERS LICENSE PROOF OF INSURANCE AND REGISTRATION DUE TO HER VEHICLE BEING LEFT ALONE AND RUNNING. IT SHOULD BE NOTED WHILE I WAS WAITING FOR HER TO GIVE ME THE DOCUMENTS I REQUESTED, I NOTICED TWO GROCERY BAGS WITH GROCERIES IN THEM BEHIND THE PASSENGER FRONT SEAT. ONCE I HAD ALL HER DOCUMENTS IN HAND SHE TOLD ME EVERYTHING WAS FINE AND THAT SHE PAID FOR EVERYTHING. I ADVISED HER TO WAIT IN HER VEHICLE SO I COULD CHECK WITH THE EMPLOYEES INSIDE. I ASKED THE CASHIER, WITNESS ONE, IF THE DEFENDANT HAD PAID FOR THE ITEMS SHE HAD TAKEN AND SHE ADVISED NO. I THEN ASKED THE MANAGER IF SHE HAD PAID HIM FOR THE GROCERIES AND HE ADVISED NO. I THEN WENT BACK TO THE CASHIER AND ASKED WHAT HAPPENED, AND SHE ADVISED THAT THE DEFENDANT WALKED INTO HER LINE TALKING ON HER CELLULAR TELEPHONE AND AFTER SHE WAS DONE SCANNING THE DEFENDANT'S GROCERIES SHE SAW THE DEFENDANT LOOK THROUGH HER WALLET AND PULL OUT A CARD AND SWIPE IT THOUGH THE CARD READER. THE CASHIER THEN ASKED THE DEFENDANT IF IT WAS CREDIT OR DEBIT AND THE DEFENDANT REPLIED IT WAS AN EBT CARD. WHEN THE CASHIER LOOKED ON HER SCREEN SHE NOTICED THAT NOTHING WAS SWIPED. THE CASHIER THEN ASKED THE DEFENDANT TO SWIPE THE CARD AGAIN. AT WHICH TIME, THE DEFENDANT ADVISED THE CASHIER THAT SHE NEEDED TO TYPE IN THE CARD NUMBER. THE CASHIER THEN ASKED FOR THE CARD AND THE DEFENDANT MADE A MOTION AS IF SHE WAS GIVING HER THE CARD, BUT THE DEFENDANT DID NOT HAVE ANYTHING IN HER HAND. THE DEFENDANT THEN GRABBED THE GROCERIES AND WALKED TOWARD THE EXIT DOOR. THE CASHIER STARTED TO CALL TOWARD THE DEFENDANT ADVISING HER THAT SHE DID NOT PAY FOR THE GROCERIES AND TO COME BACK AND PAY. THE DEFENDANT CONTINUED TO EXIT THE STORE AND WALK TOWARDS HER VEHICLE. THE CASHIER FOLLOWED THE DEFENDANT TO HER VEHICLE, AT WHICH TIME THE PASSENGER, WHO IS AN UNKNOWN WHITE FEMALE, ADVISED THE DEFENDANT THAT THE CASHIER WAS TRYING TO GET HER ATTENTION. AT WHICH TIME, THE DEFENDANT IGNORED HER. THE DEFENDANT THEN STARTED TO BACK UP THE VEHICLE AND THE CASHIER HAD TO JUMP OUT OF THE WAY SO SHE DID NOT GET HIT. AS THE DEFENDANT STARTED TO DRIVE AWAY, THE CASHIER WAS ABLE TO GET THE DEFENDANT'S TAG FROM THE VEHICLE. I THEN WENT BACK OUTSIDE TO THE DEFENDANT AND ASKED HER FOR THE RECEIPT THAT SHE PAID FOR THE ITEMS. THE DEFENDANT FIRST GAVE ME A WAL-MART RECEIPT. I ADVISED HER THAT THE RECEIPT SHE GAVE ME WAS FOR WAL-MART AND NOT WINN DIXIE. SHE THEN PULLED OUT A FOLDED PIECE OF PAPER, WHICH WAS LOCATED IN THE CENTER CONSOLE, UNFOLDED THE PIECE OF PAPER STATING "SEE I PAID FOR EVERYTHING", FOLDED THE PAPER BACK UP AND PLACED IT N THE PASSENGER SIDE SEAT. I THEN ADVISED THE DEFENDANT TO TURN OFF THE VEHICLE. AT WHICH TIME, SHE REACHED FOR THE DOOR HANDLE AND ATTEMPTED TO CLOSE IT WHILE I WAS STANDING IN THE WAY. I THEN REACHED INTO THE VEHICLE TO TURN IT OFF DUE TO HER ATTEMPTING TO PUT THE VEHICLE IN GEAR. I THEN GRABBED THE DEFENDANT BY HER LEFT WRIST AND ADVISED HER TO STEP OUT OF THE VEHICLE, AT WHICH TIME SHE STARTED TO PULL AWAY. I WAS ABLE TO PULL HER OUT OF THE VEHICLE AND PLACED HER AGAINST THE DRIVER SIDE OF THE VEHICLE. THE DEFENDANT HAD HER RIGHT HAND BETWEEN HER BODY AND THE VEHICLE AS I ASKED HER TO PLACE HER RIGHT HAND BEHIND HER BACK, SHE STATED NO. AS I ATTEMPTED TO GET HER HAND FREE FROM BETWEEN HER BODY AND THE VEHICLE, SHE CONTINUED TO PULL AWAY, AT WHICH TIME I ESCORTED HER TOWARDS THE GROUND. WHILE ON THE GROUND SHE CONTINUED TO REFUSE TO GIVE ME HER RIGHT HAND. I WAS ABLE TO GET HER RIGHT HAND AND HANDCUFF HER BEHIND HER BACK. I THEN HELPED HER UP FROM OF THE GROUND, DOUBLE LOCKED THE HANDCUFFS, AND PLACED HER IN THE REAR SEAT OF MY PATROL VEHICLE. SHORTLY AFTER DEPUTY HAYNES RESPONDED TO MY LOCATION AND I ASKED DEPUTY HAYNES TO GO AND TALK WITH THE DEFENDANT, DUE TO THE FACT THAT I BELIEVED THAT THE DEFENDANT WAS UNDER THE INFLUENCE OF DRUGS. AFTER DEPUTY HAYNES SPOKE WITH THE DEFENDANT, HE ADVISED THAT THE DEFENDANT TOLD HIM THAT SHE PAID FOR THE GROCERIES AND HAS THE RECEIPT TO PROVE IT. AT WHICH TIME, SHE ATTEMPTED TO PULL HER HAND IN FRONT OF HER SHOWING HIM HER EMPTY HAND AS IF SHE HAD A RECEIPT, BUT HER HAND WAS EMPTY. THE DEFENDANT THEN ADVISED DEPUTY HAYNES THAT I BECAME HOSTILE TOWARDS HER BECAUSE SHE HAD A GUN IN THE GLOVE BOX OF HER VEHICLE. DEPUTY HAYNES THEN CHECKED HER GLOVE BOX, AT WHICH TIME HE RECOVERED A 9MM PISTOL. HE CONTINUED TO SEARCH THE VEHICLE AND HE LOCATED THREE PIPES AS WELL. I THEN SPOKE WITH WITNESS TWO, A BAGGER FOR WINN DIXIE , WHO ADVISED THAT HE HEARD THE CASHIER YELLING FOR THE WOMAN TO STOP BECAUSE SHE DID NOT PAY FOR HER GROCERIES. WHEN HE TURNED AROUND HE NOTICED A LADY WALKING OUT OF THE STORE WITH GROCERIES IN HER HAND, AT WHICH TIME HE STARTED TO FOLLOW HER AS WELL. HE ADVISED THAT HE WAS ABLE TO GET THE DEFENDANT'S TAG NUMBER, WHICH WAS 906VCH, WHICH IS A MATCH OF THE DEFENDANT'S. HE CONTINUED TO STATE THAT THE DEFENDANT, WHO WAS IN THE BACK SEAT OF MY VEHICLE, WAS THE SAME LADY WHO WALKED OUT OF THE STORE EARLIER. I THEN SPOKE WITH WITNESS ONE AGAIN AND ASKED HER WHY THE DEFENDANT RETURNED, TO WHICH SHE ADVISED THAT THE DEFENDANT WALKED TOWARD THE SERVICE COUNTER AND ATTEMPTED TO PAY FOR A NEWSPAPER AND WAS ALSO DECLINED DUE TO NOT HAVING ANY MONEY. ALL GROCERIES WERE RETURNED BACK TO THE STORE, WHICH TOTALED $36.33. THE MANAGER WAS GIVEN A COPY OF THE PROPERTY RECEIPT ALONG WITH A CASE CARD. THE DEFENDANT'S VEHICLE WAS TOWED BY SCALLY'S AND HER BOND WAS SET AT $750.00 PER THE BOND SCHEDULE FOR ONE COUNT OF RETAIL PETIT THEFT AND ONE COUNT OF RESISTING WITHOUT VIOLENCE. STATEMENTS FROM WITNESS ONE AND TWO WERE TURNED IN TO RECORDS ALONG WITH THE TOW SHEET, A COPY OF THE RECEIPT FROM WINN DIXIE, AND THE PROPERTY RECEIPT. *NOT-EXEMPT* |
