| Probable cause affidavit: |
SUBMITTED BY: LABORDA, MICHAEL 0735 (AR12-3446) (CASE: 12-301421) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: THE WALGREENS STORE IN BEVERLY HILLS, FLORIDA, OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN FIVE THOUSAND DOLLARS ($5,000.00), TO WIT: PERFUME, STICKS OF LIPSTICK AND OTHER MISCELLANEOUS ITEMS, 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 HER OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, IN VIOLATION OF FLORIDA STATUTES 812.014(2)(C)(1). ON 110912 AT APPROXIMATELY 1312 HOURS I WAS DISPATCHED TO THE BEVERLY HILLS WALGREENS LOCATED AT 4020 NORTH LECANTO HIGHWAY, IN REFERENCE TO A SHOPLIFTER IN CUSTODY. UPON ARRIVAL I MADE CONTACT WITH THE STORE MANAGER/COMPLAINANT, MS DIANE LORRIS. SHE ADVISED ME THAT THE DEFENDANT, MS SHEILA CAVALIERI, ENTERED THE STORE AND PLACED MULTIPLE ITEMS INSIDE HER PURSE IN AN ATTEMPT TO REMOVE SAID ITEMS FROM THE STORE. THE COMPLAINANT STATED THAT SHE WAS ALERTED BY ANOTHER STORE EMPLOYEE, WITNESS BELINDA STAFFORD. AT THAT TIME BOTH THE COMPLAINANT AND THE WITNESS CONFRONTED THE DEFENDANT. BOTH THE COMPLAINANT AND THE WITNESS STATED THAT THE DEFENDANT WAS OBSERVED PLACING SEVERAL PACKAGES AND ITEMS ONTO A SHELF WHERE THEY DID NOT BELONG, AND MOVING SEVERAL ITEMS AROUND IN A SUSPICIOUS MANNER. THE COMPLAINANT AND THE WITNESS THEN CONFRONTED THE DEFENDANT, WHO WAS PLACING AN EMPTY PACKAGE FOR MARIAH CAREY PERFUME ON THE BOTTOM SHELF OF A SHAMPOO AISLE. AT THAT TIME BOTH THE COMPLAINANT THE WITNESS ADVISED THAT WHEN THEY PICKED UP THE GIFT SET, THEY NOTICED THE PERFUMES WERE NOT INSIDE THE BOX. AT THAT TIME THEY QUESTIONED THE DEFENDANT ABOUT THE WHEREABOUTS OF THE PERFUMES. BOTH PARTIES ADVISED THAT INITIALLY, THE DEFENDANT ADVISED THAT SHE DID NOT KNOW WHERE THE PRODUCTS WERE, AT WHICH TIME THE WITNESS AND COMPLAINANT OBSERVED THE BOTTLE CAPS ON THE PERFUMES TO BE STICKING OUT OF THE DEFENDANTâS PURSE. WHEN QUESTIONED ABOUT THE PERFUMES, THE DEFENDANT ADVISED THAT THEY BELONGED TO HER DAUGHTER, HOWEVER, THEN CHANGED HER STORY AND ADMITTED SHE HAD REMOVED THEM FROM THEIR PACKAGING BEFORE PLACING THEM IN HER PURSE. THE DEFENDANT ALSO ADVISED SHE HAD TAKEN SOME LOTION WHICH SHE THEN PRODUCED. BOTH THE COMPLAINANT AND THE WITNESS CONTINUED TO QUESTION THE DEFENDANT ABOUT OTHER MISSING PROPERTY, AT WHICH TIME THE DEFENDANT PRODUCED SEVERAL OTHER MISCELLANEOUS ITEMS. BEFORE THIS DEPUTY COULD ASK THE DEFENDANT ANY QUESTIONS, SHE SPONTANEOUSLY UTTERED THAT SHE WAS SORRY SHE HAD TRIED TO STEAL THE PROPERTY, AND DID IT BECAUSE SHE IS NOT IN HER RIGHT STATE OF MIND DUE TO BEING OUT OF HER BIPOLAR MEDICATION. I THEN ASKED THE DEFENDANT SEVERAL TIMES IF SHE HAD ANY OTHER PROPERTY INSIDE HER PURSE, WHERE SHE STATED THAT SHE DID NOT. AT THAT TIME THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA AGENCY PRE-PRINTED CARD. SHE ADVISED THAT SHE UNDERSTOOD HER RIGHTS AND WISHED TO SPEAK WITH ME. THE DEFENDANT WAS SUBSEQUENTLY PLACED UNDER ARREST FOR ONE COUNT OF GRAND (RETAIL) THEFT, HANDCUFFED (DOUBLE LOCKED) IN FRONT OF HER PERSON AND SEATED IN THE REAR OF MY PATROL VEHICLE. UPON SEARCHING THE DEFENDANTâS PURSE FOR ANY FURTHER PROPERTY, I LOCATED SEVERAL OTHER ITEMS WHICH WERE BRAND NEW AND UNOPENED. I ASKED THE DEFENDANT ABOUT THE ITEMS WHERE SHE STATED THAT THEY WERE ALL ITEMS SHE HAD PURCHASED AT ANOTHER STORE, AND SHE HAD BEEN USING THE ITEMS FOR APPROXIMATELY ONE WEEK. ALL OF THE ITEMS WERE SEALED AND HAD NEVER BEEN USED. THESE ITEMS INCLUDED PERFUMES AND SEVERAL STICKS OF LIPSTICKS. THE COMPLAINANT WAS ABLE TO POSITIVELY IDENTIFY THE ITEMS INSIDE THE DEFENDANTâS PURSE AS BELONGING TO THE STORE. AFTER OBTAINING ALL OF THE PROPERTY FROM THE DEFENDANT, THE COMPLAINANT PROVIDED ME WITH A PRINT OUT OF ALL OF THE ITEMS. THERE WAS A TOTAL OF 39 ITEMS WHICH THE DEFENDANT HAD TAKEN, WITH A COMBINED VALUE OF $304.31. A COPY OF THIS PRINT OUT WAS LATER SUBMITTED TO RECORDS BY THIS DEPUTY. THE WITNESS PROVIDED ME WITH A SWORN WRITTEN STATEMENT WHICH I LATER SUBMITTED TO RECORDS. AT THAT TIME THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANTâS BOND WAS SET AT $2,000.00 PER THE BOND SCHEDULE. ALL STOLEN ITEMS WERE RETURNED TO THE STORE. |
