| Probable cause affidavit: |
SUBMITTED BY: MACIAS, JOSEPH 0756 (AR14-13096) (14-168161) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WAL-MART, TO WIT: TWO 18-PACKS OF BUD LIME BEER, BY 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 AND KNOWINGLY, while committing or after committing theft of property, resist the reasonable effort of a merchant OR merchantâs employee, to recover the property WHICH THE merchant OR merchantâs employee had probable cause to believe the individual had concealed or removed from its place of display or elsewhere, IN VIOLATION OF FLORIDA STATE STATUTE 812.015(6). ON 120914 AT APPROXIMATELY 2100 HOURS, I WAS DISPATCHED TO 1936 WEST LECANTO HIGHWAY IN REFERENCE TO A RETAIL THEFT that HAD JUST OCCURRED. UPON MY ARRIVAL, I MADE CONTACT WITH the LOSS PREVENTION OFFICER, MR BRIAN ELAM, WHO STATED HE OBSERVED A WHITE MALE, WEARING A RED COLORED SHIRT, ENTER THE STORE, SELECT A SHOPPING CART and HEAD DIRECTLY TO the BEER WALL. ONCE THERE HE WATCHED the DEFENDANT SELECT TWO CASES OF BUD LIGHT LIME AND PUT THEM IN HIS CART. HE THEN OBSERVED the DEFENDANT HAD REACHED THE REGISTERS WHERE HE BEGAN LOOKING AROUND. THE COMPLAINANT could THEN SEE THE DEFENDANT REMOVE WHAT APPEARED TO BE A RECEIPT FROM HIS POCKET. THE DEFENDANT WALKED TOWARDS the LADIES DEPARTMENT AND ONCE AGAIN LOOKED AROUND. HE THEN WALKED OUT OF THE STORE CROSSING ALL POINTS OF SALE FAILING TO PAY FOR THE BEER AT ANY TIME. MR ELAM THEN APPROACHED THE DEFENDANT AND IDENTIFIED HIMSELF TO THE DEFENDANT AND BEGAN TO ESCORT HIM TO THE LOSS PREVENTION OFFICE. AT THAT TIME, THE DEFENDANT ATTEMPTED TO FLEE. MR ELAM THEN WRAPPED HIS ARMS AROUND THE DEFENDANT BUT WAS UNABLE TO MAINTAIN CONTROL and FELL TO the GROUND. AT THAT TIME, MR ELAM CALLED THE CITRUS COUNTY SHERIFF'S OFFICE TO FILE CHARGES. DEPUTY HINDERHOFER HAD LOCATED the DEFENDANT NOT TOO FAR FROM the STORE AND BROUGHT HIM BACK TO 1936 EAST LECANTO HIGHWAY. DEPUTY HINDERHOFER STATED HE HAD READ THE DEFENDANT MIRANDA AND THE DEFENDANT HAD AGREED TO SPEAK WITH US. the DEFENDANT STATED THAT HE KNOWS HE SCREWED UP AND SHOULD NOT HAVE TAKEN THE BEER. the DEFENDANT STATED THAT HE HAD MADE A MISTAKE AND WA S WILLING TO TAKE RESPONSIBILITY FOR HIS ACTIONS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR RETAIL PETIT THEFT AND RESISTING/FLEEING A MERCHANT. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND the BACK AND TRANSPORTED TO the CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. I received A COPY OF THE VIDEO SURVEILLANCE FROM MR ELAM. HE WAS GIVEN A PROPERTY RECEIPT FOR the VIDEO AND I ALSO RECEIVED A SWORN WRITTEN STATEMENT, WHICH WILL BE TURNED INTO RECORDS. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $1,500.00 |
