| Probable cause affidavit: |
SUBMITTED BY: GREATREX, ROBERT 0287 (AR13-6242) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WAL-MART, TO WIT: A VIZIO 60 INCH SCREEN TELEVISION, 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 GREATER THAN $300.00, BUT LESS THAN $5,000.00 IN VIOLATION OF FLORIDA STATE STATUTE 812.015(8); ON 062713, AT APPROXIMATELY 1520 HOURS, I CONDUCTED A FOLLOW-UP INVESTIGATION TO THIS REPORT. ON 050213, AT APPROXIMATELY 1845 HOURS, DEPUTY BEETOW WAS DISPATCHED TO THE WAL-MART LOCATED AT 2461 EAST GULF TO LAKE HIGHWAY, INVERNESS, IN REFERENCE TO A FELONY RETAIL THEFT. UPON HIS ARRIVAL ON SCENE, DEPUTY BEETOW HAD MADE CONTACT WITH COMPLAINANT AND WITNESS, LOSS PREVENTION OFFICER MR JOSEPH COMPOSTELLA. THE WITNESS HAD ADVISED THAT HE HAD OBSERVED THREE SUSPICIOUS SUBJECTS TO BE WALKING AROUND THE WAL-MART STORE. THE WITNESS STATED THAT THERE WERE TWO ADULT WHITE MALES, AND ONE JUVENILE WHITE FEMALE. THE WITNESS FURTHER ADVISED THAT THE THREE HAD BEEN WALKING AROUND THE STORE, AND HE HAD OBSERVED ONE OF THE WHITE MALES TO SELECT A LARGE, VIZIO 60 INCH SCREEN TELEVISION, AND PLACE IT IN A SHOPPING CART. THE WITNESS STATED THAT THIS SAME MALE THEN LEFT THE ELECTRONICS DEPARTMENT, AND HEADED TOWARDS THE EXIT OF THE STORE. THE WITNESS STATED THAT AS THE WHITE MALE SUBJECT WAS LEAVING THE ELECTRONICS SECTION, THE SECOND WHITE MALE AND THE JUVENILE WHITE FEMALE WERE BOTH DISTRACTING EMPLOYEES. HE STATED THAT THE FIRST WHITE MALE WITH THE TELEVISION THEN EXITED THE WAL-MART, PASSING ALL FINAL POINTS OF SALE, MAKING NO ATTEMPT TO PAY FOR THE TELEVISION. THE WITNESS STATED THAT AS HE OBSERVED THIS TAKING PLACE, HE HAD RUN OUT OF THE EXIT OF THE STORE, AND ATTEMPTED TO MAKE CONTACT WITH THE WHITE MALE WITH THE TELEVISION, WHO WAS LATER IDENTIFIED AS DEFENDANT MR ROBERT BENJAMIN SMITH. THE WITNESS STATED THAT HE TRIED TO STOP DEFENDANT MR SMITH, WHO REFUSED TO STOP OR RETURN THE UNPAID ITEMS. THE WITNESS ADVISED THAT HE THEN BEGAN CHASING THE DEFENDANT ON FOOT, AND WAS THEN STOPPED BY A PASSERBY, WHO WAS CITRUS COUNTY SHERIFF'S OFFICE DEPUTY LAHERA, WHO WAS AT WAL-MART OFF DUTY IN HIS PERSONAL VEHICLE. THE WITNESS ADVISED THAT DEPUTY LAHERA TOLD HIM THAT HE HAD OBSERVED THE DEFENDANT MR SMITH TO BE PUSHING THE TELEVISION IN A SHOPPING CART, TOWARDS A GOLD IN COLOR VAN. THE WITNESS ADVISED THAT HE THEN TRIED TO RUN AFTER THE VAN, AND DEPUTY LAHERA THEN FOLLOWED THE GOLD VAN IN HIS PERSONAL VEHICLE. DEPUTY LAHERA WAS ABLE TO OBTAIN THE FLORIDA LICENSE PLATE OF THE VAN, WHICH WAS 440NIX. DEPUTY LAHERA THEN RETURNED TO THE WAL-MART, AND ADVISED THE WITNESS AND DEPUTY BEETOW OF THE LICENSE PLATE. DEPUTY LAHERA ADVISED THAT HE HAD OBSERVED THE DRIVER OF THE VAN, LATER IDENTIFIED AS DEFENDANT MR RICHARD JEFFREY ANDERSON, JR, AND THE PASSENGER, DEFENDANT MR SMITH, WHO HAD BEEN PUSHING THE SHOPPING CART WITH THE STOLEN TELEVISION. DEPUTY BEETOW WAS THEN ABLE TO DETERMINE A LOCATION FOR ALL THREE SUBJECTS AS 1001 NORTH PRAIRIE POINT, INVERNESS. DEPUTY BEETOW THEN RESPONDED TO THIS LOCATION, AND MADE CONTACT WITH ALL THREE SUSPECTS. THE TWO MALES ADVISED THAT THEY HAD NO INVOLVEMENT WITH THE TELEVISION AND WERE NOT AT WAL-MART THAT DAY. THE JUVENILE FEMALE ADMITTED TO BEING AT WAL-MART, BUT DENIED HAVING STOLEN ANYTHING. AFTER THIS REPORT WAS COMPLETED, ON 051013, I COMPOSED A PHOTOGRAPH LINEUP OF THE TWO MALE DEFENDANTS, AND MET WITH THE WITNESS, AND INSTRUCTED HIM ON THE PROCEDURE. THE WITNESS WAS ABLE TO IDENTIFY BOTH DEFENDANTS AS THOSE INVOLVED IN THE ORIGINAL FELONY RETAIL THEFT. LATER THAT DAY, I MADE CONTACT WITH DEPUTY LAHERA, AND HE WAS ABLE TO POSITIVELY IDENTIFY DEFENDANT MR ANDERSON AS THE DRIVER OF THE MINIVAN. ON 062113, AT 1700 HOURS, I WAS ABLE TO MAKE CONTACT WITH DEPUTY LAHERA ONCE MORE, AFTER OBTAINING A PHOTOGRAPH LINEUP OF DEFENDANT MS SMITH. AFTER EXPLAINING THE PROCEDURE TO DEPUTY LAHERA, HE WAS ABLE TO POSITIVELY IDENTIFY DEFENDANT MR SMITH AS THE SUBJECT WHO HAD BEEN PUSHING THE SHOPPING CART TOWARDS THE GOLD VAN WITH THE TELEVISION. AFTER DETERMINING THAT PROBABLE CAUSE DID EXIST FOR THE ARREST OF THE TWO MALE SUBJECTS, I RESPONDED TO 1001 NORTH PRAIRIE POINT, INVERNESS, TO MAKE CONTACT WITH DEFENDANT MR SMITH AND DEFENDANT MR ANDERSON ONCE MORE, ON 062713, AT 1530. UPON MAKING CONTACT WITH DEFENDANT MR SMITH, I ADVISED HIM THAT I WAS INVESTIGATING THIS CASE IN REGARDS TO A FELONY RETAIL THEFT WHICH HAD OCCURRED ON 050213. DEFENDANT MR SMITH ADVISED THAT HE HAD NOT STOLEN ANYTHING FROM WAL-MART. I THEN ADVISED DEFENDANT MS SMITH, THAT HE WAS GOING TO PLACED UNDER ARREST FOR HIS INVOLVEMENT IN THE FELONY RETAIL THEFT FROM WAL-MART. HE WAS THEN PLACED UNDER ARREST, HANDCUFFED, DOUBLE LOCKED BEHIND HIS BACK, AND SECURED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS READ HIS MIRANDA RIGHTS, VIA A PREPRINTED AGENCY ISSUED CARD. I THEN TRANSPORTED BOTH DEFENDANTS TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL, THEY WERE RELEASED TO DETENTION FACILITY STAFF, FOR BOOKING AND PROCESSING. DEFENDANT MR SMITH WAS CHARGED WITH ONE COUNTY OF FELONY RETAIL THEFT, WITH HIS BOND SET AT $2,000.00, PER THE BOND SCHEDULE. ALL PHOTOGRAPH LINEUPS AND VIDEO SURVEILLANCE WERE TURNED IN TO CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE DIVISION. |
