| Probable cause affidavit: |
SUBMITTED By: VICK, BRYAN 0684 (14-172198) (AR14-13203) did unlawfully traffic in or endeavor to traffic in property that THE DEFENDANT knew or should have known was stolen, to-wit: SOUND BAR, the property of WALMART, in violation of Florida Statute 812.019(1). ON 121814, AT APPROXIMATELY 1314 HOURS, I WAS DISPATCHED TO WALMART IN HOMOSASSA IN REFERENCE TO A THEFT. UPON ARRIVAL AT 1324 HOURS, I MADE CONTACT WITH THE LOSS PREVENTION OFFICER/COMPLAINANT, MS ARELYS LEON, WHO ADVISED THAT A SUBJECT HAD just STOLEN A VIZIO SOUND BAR. I THEN WATCHED the IN-STORE SURVEILLANCE VIDEO IN WHICH A WHITE MALE WEARING A BLUE JACKET WALKED INTO WALMART AND WAS NEAR A WHITE MALE WITH A RED JACKET NEARLY THE ENTIRE TIME IN the STORE. I OBSERVED THE MAN IN THE RED JACKET LATER IDENTIFIED AS THE DEFENDANT, MR PHILLIP MULLEN, WALK OVER TO A VIZIO SOUND BAR AND POINT AT IT. THE MAN IN THE BLUE JACKET LATER IDENTIFIED AS MR MAURICE AYRES, THEN PICKED UP THE SOUND BAR AND WALKED OUT OF the STORE, PAST ALL POINTS OF SALE. THE MEN THEN WALK TO MR MULLENâS TRUCK AND MR AYRES HANDED MR MULLEN THE SOUND BAR. THE SUBJECTS THEN LEFT IN SEPARATE VEHICLES. THROUGH INVESTIGATION THE PARTIES INVOLVED WERE IDENTIFIED. I MADE CONTACT WITH MR AYRES AT 5680 WEST CARDINAL STREET, IN HOMOSASSA. MR AYRES IS DISABLED MENTALLY. I THEN ASKED MR AYRES ABOUT the SOUND BAR, TO WHICH HE ADVISED THAT HE HAD BEEN IN WALMART WITH MR MULLEN AND MR MULLEN TOLD HIM THAT HE HAD ALREADY PAID FOR THE SOUND BAR. MR AYRES STATED THAT HE THEN HANDED MR MULLEN THE SOUND BAR UPON EXITING the STORE. IN CONVERSATION WITH MR AYRES, I DO NOT BELIEVE THAT HE HAS THE CAPACITY TO HAVE INTENTIONALLY COMMITTED THEFT. I MADE CONTACT WITH MR MULLEN AND ASKED HIM IF HE HAD PURCHASED A SOUND BAR, TO WHICH HE STATED THAT MR AYRES HAD LEFT WALMART WITH THE SOUND BAR. I ASKED IF HE HAD INSTRUCTED MR AYRES TO TAKE A SOUND BAR, TO WHICH HE STATED HE DID NOT. WHEN I ADVISED HIM THE VIDEO SHOWS HIM POINTING TO ONE IN FRONT OF MR AYRES, HE BECAME DEFENSIVE AND STATED THAT HE WAS JUST LOOKING AT THEM. HE STATED HE KNEW MR AYRES HAD PICKED UP THE SOUND BAR AND LEFT THE STORE WITHOUT PAYING FOR IT. I THEN ASKED HIM WHY HE HAD TAKEN THE SOUND BAR FROM MR AYRES IN THE PARKING LOT, TO WHICH HE STATED THAT MR AYRES HAD GIVEN IT TO HIM. I THEN ASKED MR MULLEN IF HE WAS AWARE THAT IT WAS STOLEN WHEN HE TOOK CUSTODY OF IT, TO WHICH HE STATED YES. I THEN ASKED MR MULLEN WHY HE WOULD KNOWINGLY TAKE CUSTODY OF STOLEN PROPERTY AND HE STATED âIF SOMEONE IS GOING TO TAKE IT FOR FREE, IT MIGHT AS WELL BE MEâ. THE DEFENDANT WAS PLACED UNDER ARREST AND CHARGED WITH ONE COUNT OF DEALING IN STOLEN PROPERTY, HANDCUFFED, BEHIND HIS BACK, (DOUBLE LOCKED), SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT $5,000.00, PER THE BOND SCHEDULE. THE IN-STORE VIDEO, TRAINING RECEIPT AND PHOTOGRAPHS WERE TURNED IN TO RECORDS. |
