| Probable cause affidavit: |
SUBMITTED BY: THEN, KERRY 0531 (AR08104745) DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, BEALL'S OUTLET, TO WIT: A BLUE FLOWERED PRINT SHIRT, SAID PROPERTY BEING OF A VALUE OF $12.99, WITH THE INTENT TO EITHER TEMPORARILY OR PERMANENTLY DEPRIVE THE VICTIM OF A RIGHT TO THE PROPERTY OR A BENEFIT THEREOF, OR DID APPROPRIATE SAID PROPERTY TO HIS OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, IN VIOLATION OF FLORIDA STATE STATUTE 812.015(8)(A). ON 081708, I RESPONDED TO 223 EAST HIGHLAND BOULEVARD (BEALL'S OUTLET) IN REFERENCE TO THEFT. UPON ARRIVAL, I MADE CONTACT WITH the COMPLAINANT, MR ROY CUNNINGHAM, LOST PREVENTION OFFICER FOR BEALL'S OUTLET, WHO OBSERVED THE DEFENDANT, MR SCOTT SMITH, REMOVE A SHIRT FROM THE HANGER AND THEN DROP THE SHIRT ON THE FLOOR. THE COMPLAINANT ADVISED HE THEN OBSERVED the DEFENDANT SELECT ANOTHER SHIRT, THEN TAKE the FIRST SHIRT FROM the FLOOR, AT WHICH TIME, THE DEFENDANT CONCEALED THE FIRST SHIRT IN HIS HAND. THE COMPLAINANT ADVISED HE OBSERVED PART OF THE SHIRT WAS EXPOSED, STICKING OUT OF THE FRONT OF THE DEFENDANT'S SHORTS. HE THEN OBSERVED THE DEFENDANT EXIT the STORE WITHOUT PAYING. AT THIS TIME, LOSS PREVENTION OFFICER MR CUNNINGHAM APPROACHED THE DEFENDANT IN THE PARKING LOT, IDENTIFYING HIMSELF AS the LOSS PREVENTION OFFICER. the DEFENDANT REMOVED THE SHIRT FROM HIS PANTS and RETURNED IT TO MR CUNNINGHAM. HE ADVISED THE DEFENDANT REFUSED TO RETURN THE STORE AT WHICH TIME, I ARRIVED and made CONTACT WITH THE DEFENDANT. THE DEFENDANT ADVISED THIS DEPUTY THAT HE WAS GOING TO A FUNERAL AND COULD NOT AFFORD TO BUY A DECENT SHIRT, WHICH WAS WHY HE HAD TRIED TO STEAL THE SHIRT. AT that TIME, THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) and READ HIS RIGHTS VIA CARD. THE DEFENDANT WAS PLACED UNDER ARREST AND I THEN ASKED IF HE HAD OBTAINED ANY OTHER MERCHANDISE FROM THE STORE, TO WHICH HE ADVISED NO. DUE TO THE FACT THE DEFENDANT LIVED OUT OF COUNTY, THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, WHERE HE WAS CHARGED WITH RETAIL PETIT THEFT AND HIS BOND WAS SET AT $250.00 PER THE BOND SCHEDULE. A SWORN WRITTEN STATEMENT WAS received FROM MR CUNNINGHAM AS WELL AS A PROPERTY RECEIPT, STATING THE ABOVE SHIRT WAS RETURNED TO THE STORE. THE COMPLAINANT WAS PROVIDED WITH AN AGENCY CARD BEARING MY NAME AND THIS CASE NUMBER. THE PROPERTY RECEIPT AND STATEMENT WILL BE TURNED IN TO RECORDS. *NOT-EXEMPT* |
