Probable cause affidavit: |
SUBMITTED BY: ZAREK, MICHAEL 1359 (AR 16-20679) DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO WIT: ONE SHINE TANZANITE RING, ONE PURE 100 ROPE NECKLACE, AND ONE SIGNATURE TARNIS NECKLACE, SAID PROPERTY BEING OF A VALUE OF $100.00 WITH THE INTENT TO EITHER TEMPORARILY OR PERMANENTLY DEPRIVE THE VICTIM OF A RIGHT TO THE PROPERTY OR A BENEFIT THEREOF, OR DID APPROPRIATE THE SAID PROPERTY TO HIS OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, AND THE PROPERTY STOLEN WAS VALUED AT $100.00 OR MORE BUT LESS THAN $300.00, THUS THE OFFENDER COMMITS PETIT THEFT OF THE FIRST DEGREE, PUNISHABLE AS A MISDEMEANOR OF THE FIRST DEGREE AS PROVIDED IN FLORIDA STATE STATUE 775.082 OR 775.083, AND IS IN VIOLATION OF FLORIDA STATE STATUTE 812.014(2)(E). ON 082316, AT APPROXIMATELY 1614 HOURS, I RESPONDED TO BEALLS DEPARTMENT STORE LOCATED AT 2851 EAST GULF TO LAKE HIGHWAY, INVERNESS, IN REFERENCE TO A THEFT. PRIOR TO MY ARRIVAL, DISPATCH ADVISED THAT THE COMPLAINANT/LOSS PREVENTION OFFICER, MR MATTHEW PIETROBURGO, HAD THE DEFENDANT, MR RAYMOND WRIGHT, IN the LOSS PREVENTION OFFICE AND THE DEFENDANT IS BEING COOPERATIVE AT THIS TIME. UPON ARRIVAL, CONTACT WAS made WITH THE COMPLAINANT. HE ADVISED THAT WHILE VIEWING THE LIVE CLOSED CIRCUIT TELEVISION AT APPROXIMATELY 1531 HOURS, HE OBSERVED THE DEFENDANT ENTER THE JEWELRY DEPARTMENT AND OBSERVED THE DEFENDANT SELECT A RING FROM A FIXTURE AND MOVE BEHIND other FIXTURES OUT OF VIEW. THE COMPLAINANT STATED HE OBSERVED THE DEFENDANT COME BACK IN TO VIEW; HOWEVER HE NOTICED THE DEFENDANT NO LONGER HAD THE RING VISIBLE IN HIS HAND. the COMPLAINANT ADVISED HE THEN OBSERVED THE DEFENDANT SELECT TWO NECKLACES THEN EXIT THE JEWELRY AREA. THE DEFENDANT THEN BEGAN WALKING DOWN THE MAIN AISLE AND CONCEAL THE TWO NECKLACES IN HIS FRONT RIGHT POCKET. THE COMPLAINANT THEN OBSERVED THE SUBJECT CONTINUE TO WALK DOWN THE MAIN AISLE TOWARDS THE FRONT OF THE STORE WHERE HE EXITED THE STORE THROUGH THE MENâS SIDE DOORS, PASSING ALL POINTS OF SALE WITH NO ATTEMPT TO PAY FOR ANY MERCHANDISE. THE COMPLAINANT ADVISED HE MADE CONTACT WITH the DEFENDANT OUTSIDE THE STORE AND IDENTIFIED HIMSELF AS A BEALLS LOSS PREVENTION OFFICER. THE DEFENDANT RETURNED TO THE LOSS PREVENTION OFFICE WITHOUT ANY INCIDENT. THE DEFENDANT THEN TOOK THE THREE PIECES OF JEWELRY FROM HIS RIGHT FRONT POCKET OF HIS SHORTS. THE COMPLAINANT ADVISED THE DEFENDANT COOPERATED THROUGHOUT THE ENTIRE PROCESS. CONTACT WAS MADE WITH THE DEFENDANT IN THE LOSS PREVENTION OFFICE. I READ THE DEFENDANT MIRANDA RIGHTS AT APPROXIMATELY 1400 HOURS VIA PREPRINTED AGENCY CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE DID. I THEN ASKED HIM IF HE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH HE ADVISED THAT HE WOULD. THE DEFENDANT STATED HE ââDID SOMETHING STUPID.ââ I ASKED THE DEFENDANT WHAT HE MEANT BY THAT. HE ADVISED THAT HE STOLE THREE PIECES OF JEWELRY FROM THE STORE. THE DEFENDANT THEN ADVISED THAT HE CAME TO BEALLS WITH HIS FAMILY. HE ADVISED WHILE they WERE SHOPPING HE WENT TO THE WOMENâS JEWELRY SECTION AND TOOK THREE PIECES OF JEWELRY AND PUT THEM IN HIS RIGHT FRONT POCKET. THE DEFENDANT ADVISED that HE WANTED TO GET SOMETHING NICE FOR HIS FIANCÉ. HE FURTHER ADVISED THE RING WAS HER BIRTHSTONE. THE DEFENDANT THEN STATED THAT HIS FULL INTENTIONS WERE TO NOT PAY FOR the ITEMS AND ADVISED HE ONLY HAD FIVE DOLLARS ON HIS PERSON AT THIS TIME. THE COMPLAINANT PROVIDED ME WITH A DVD OF THE VIDEO SURVEILLANCE FOOTAGE WHICH I WAS ABLE TO VIEW WHILE ON SCENE. IT CORROBORATED THE COMPLAINANTâS ACCOUNT OF THE INCIDENT. THE COMPLAINANT PROVIDED A RECEIPT THAT LISTED ALL ITEMS WHICH INCLUDE ON SIGNATURE TARNIS NECKLACE VALUED AT $40.00, ONE PURE 100 ROPE NECKLACE VALUED AT $30.00, AND ONE SHINE TANZANITE RING VALUED AT APPROXIMATELY 30.00 FOR A TOTAL OF $100.00 BEFORE TAX. THE COMPLAINANT PROVIDED A SWORN WRITTEN STATEMENT WHICH WILL BE TURNED INTO RECORDS ALONG WITH the RECEIPT. THE DVD WILL BE TURNED IN TO EVIDENCE. THE COMPLAINANT WAS PROVIDED WITH AN AGENCY CASE CARD BEARING MY NAME/IDENTIFICATION NUMBER, THE CASE NUMBER, AND ADVISED TO CONTACT THIS AGENCY WITH ANY ADDITIONAL INFORMATION OR QUESTIONS REGARDING THIS CASE. I ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST. THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF RETAIL PETIT THEFT WITH A SET AT $1,000.00, PER THE BOND SCHEDULE. |