| Probable cause affidavit: |
SUBMITTED BY: DERA, MARK 0688 (AR12-3348) (CASE: 192254) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF THE CRYSTAL RIVER KMART STORE, TO WIT: ONE ALPHA LINE MP3 PLAYER AND ONE âVIVITARâ DIGITAL CAMERA, 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 STATUTE, 812.014(3)(A). ON 103112 I WAS DISPATCHED TO THE KMART STORE LOCATED AT 1801 NORTHEAST HIGHWAY 19 IN CRYSTAL RIVER, IN REFERENCE TO A RETAIL THEFT. UPON ARRIVAL I MADE CONTACT WITH KMART LOSS PREVENTION OFFICER, MR DUANE SMITH. HE ADVISED THAT ONE OF HIS CLERKS SHOWED HIM TWO EMPTY PACKAGES. HE STATED ONE EMPTY PACKAGE CONTAINED AN ALPHA LINE MP3 PLAYER VALUED AT $40.00, AND THE OTHER EMPTY PACKAGE CONTAINED A âVIVITARâ DIGITAL CAMERA VALUED AT $49.99. MR SMITH STATED THAT BOTH THESE ITEMS HAD BEEN RETURNED TO THE KMART STORE AND WERE BEING PROCESSED AS CREDITS. MR SMITH ADVISED HE THEN VIEWED THE STOREâS VIDEO SURVEILLANCE, AND ON 102612, MR SMITH OBSERVED KMART EMPLOYEE, MR SAMUEL SIVAROOBAN, (DEFENDANT) ENTER THE RETURN AREA. MR SMITH THEN OBSERVED MR SIVAROOBAN REMOVE A DIGITAL CAMERA FROM THE BIN AND PLACE IT INTO HIS PANTS POCKET BEFORE LEAVING THE AREA. A SHORT WHILE LATER, MR SMITH OBSERVED MR SIVAROOBAN AGAIN ENTER THE RETURN AREA WHERE HE RETRIEVED AN MP3 PLAYER AND PLACED IN HIS REAR PANTS POCKET. AT THAT TIME MR SIVAROOBAN LEFT THE RETURN AREA AND PASSED ALL POINTS OF SALE MAKING NO ATTEMPT TO PURCHASE THE ITEMS. SEE ARTICLE SCREEN FOR FURTHER. ON 103112, MR SMITH CONDUCTED AN INTERVIEW WITH MR SIVAROOBAN, WHO ADMITTED TO TAKING THE MP3 PLAYER AND THE DIGITAL CAMERA, AND THEN PASSING ALL POINTS OF SALE WITHOUT PAYING FOR THE ITEMS. MR SIVAROOBAN DID COMPLETE AND SIGN A SWORN WRITTEN STATEMENT WHICH MR SMITH MADE A COPY OF. MR SMITH ALSO FURNISHED THIS DEPUTY WITH A CASHIERS RECEIPT, WHICH, ALONG WITH THE DEFENDANTâS STATEMENT, WILL BE SUBMITTED TO RECORDS BY THIS DEPUTY. MR SMITH COMPLETED A SWORN WRITTEN STATEMENT WHICH THIS DEPUTY WILL LATER SUBMIT TO RECORDS. I THEN MADE CONTACT WITH MR SIVAROOBAN, WHO ADMITTED TO TAKING THE DIGITAL CAMERA AND THE MP3 PLAYER. HE STATED THAT HE THOUGHT THE ITEMS WERE RETURNS AND WOULD BE THROWN AWAY, SO HE TOOK THEM. HE APOLOGIZED AND STATED THAT HE WOULD BE MORE THAN HAPPY TO PAY FOR THE ITEMS. MR SMITH THEN TERMINATED THE DEFENDANTâS EMPLOYMENT AND ADVISED THE DEFENDANT THAT THEY WOULD BE PROSECUTING FOR RETAIL THEFT. MR SMITH ALSO PROVIDED THIS DEPUTY WITH THE STOREâS SECURITY SURVEILLANCE CD WHICH THIS DEPUTY WILL LATER SUBMIT TO EVIDENCE FOR INCLUSION IN THIS CASE. AT THAT TIME I PLACED THE DEFENDANT UNDER ARREST, WHERE HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANTâS BOND WAS SET AT $250.00 PER THE BOND SCHEDULE. |
