| Probable cause affidavit: |
SUBMITTED BY: MARSHALL, EVAN 1336 (AR16-19088) DEFENDANT DID RESIST LEO OR MERCHANT DURING OR AFTER THEFT, IN VIOLATION OF FLORIDA STATE STATUTE, 812.015(6). PETIT THEFT, PREVIOUS CONVICTION OF ANY THEFT, TO IN VIOLATION OF FLORIDA STATE STATUE, 812.014(3)(B). ON 041716, I RESPONDED TO THE AREA OF 2875 NORTH FLORIDA AVENUE IN REFERENCE TO A RETAIL PETIT THEFT THAT HAD JUST OCCURRED. DISPATCH ADVISED ME THAT THE SUSPECT LATER IDENTIFIED AS THE DEFENDANT, MS SHIRLEY GARD, STOLE SOME BEER AND ICE CREAM FROM THE CUMBERLAND FARMS STORE AND THEN LEFT THE AREA. THEY ADVISED THE DEFENDANT WAS WEARING A BLUE IN COLOR TANK TOP AND WAS ON A PINK BICYCLE. I RESPONDED TO THE AREA OF THE HERNANDO PARK WHERE I OBSERVED A FEMALE WHO WAS WEARING A BLUE TANK TOP AND SITTING NEXT TO A PINK BICYCLE DRINKING A BEER. I ASKED THE DEFENDANT IF SHE WENT TO THE CUMBERLAND FARMS STORE TODAY, AT WHICH TIME SHE STATED THAT SHE DOES NOT EVEN KNOW WHAT THAT IS. I THEN POINTED ACROSS THE STREET TO THE CUMBERLAND FARMS STORE AND ADVISED HER THAT WAS THE CUMBERLAND FARMS. THE DEFENDANT THEN STATED THAT SHE HAD NOT BEEN THERE AND DOES NOT GO TO THAT STORE. DEPUTIES RITLI (0426) AND DONCOURT (1396) RESPONDED TO THE CUMBERLAND FARMS STORE WHERE DEPUTY DONCOURT RETRIEVED A SWORN WRITTEN STATEMENT AND REVIEWED THE STORE'S SURVEILLANCE VIDEO FOOTAGE. DEPUTY RITLI BROUGHT ME FIVE STILL PHOTOGRAPH IMAGES. IN THE IMAGES, YOU CAN CLEARLY SEE THE DEFENDANT INSIDE THE STORE SELECTING ITEMS AND CONCEALING THEM INSIDE HER BAGS. I AGAIN ASKED THE DEFENDANT IF SHE HAD GONE TO THE CUMBERLAND FARMS TODAY, AT WHICH TIME SHE STATED THAT SHE HAD NOT STOLEN ANYTHING AND PUT THE ITEMS BACK. I CONTACTED DEPUTY DONCOURT VIA TELEPHONE WHILE HE WAS AT THE CUMBERLAND FARMS STORE. HE ADVISED ME THAT THE COMPLAINANT/STORE CLERK, MS JAMIE ASPENLEITER, ADVISED HIM THAT EARLIER IN THE DAY, THEY OBSERVED THE DEFENDANT ENTER THE STORE. THE COMPLAINANT ADVISED SHE THEN OBSERVED THE DEFENDANT PLACE SEVERAL ITEMS INSIDE HER BAG AND LEAVE WITHOUT PAYING FOR THE ITEMS. THE COMPLAINANT STATED, HOWEVER, THAT THEY DID NOT ATTEMPT TO APPREHEND THE DEFENDANT DUE TO NOT BEING ONE HUNDRED PERCENT CERTAIN. DEPUTY DONCOURT FURTHER ADVISED ME THAT THE COMPLAINANT STATED THAT THE SECOND TIME THE DEFENDANT ENTERED THE STORE, THE COMPLAINANT WATCHED HER THE ENTIRE TIME SHE WAS IN THE STORE. AT THAT TIME, THE COMPLAINANT OBSERVED THE DEFENDANT PLACE THREE (3) 25 OUNCE CANS OF NATURAL ICE BEER INTO HER BAG, ALONG WITH ICE CREAM, AND THEN CONCEAL THE ITEMS. THE COMPLAINANT THEN OBSERVED THE DEFENDANT PASS ALL POINTS OF SALE AND LEAVE THE STORE WITHOUT PAYING FOR THE ITEMS SHE HAD TAKEN. DEPUTY DONCOURT FURTHER ADVISED ME THAT THE COMPLAINANT ADVISED HIM THAT SHE CONFRONTED THE DEFENDANT AND TOLD HER TO STOP AND RETURN THE MERCHANDISE. THE COMPLAINANT STATED THAT THE DEFENDANT CONTINUED TO WALK AWAY FROM HER AND SAID SHE DID NOT DO ANYTHING. DEPUTY DONCOURT ADVISED ME THAT THE COMPLAINANT ALSO STATED THAT UPON A SECOND ATTEMPT TO APPREHEND THE DEFENDANT BY ASKING HER TO STOP, THE DEFENDANT TOLD THE COMPLAINANT THAT SHE NEEDED THE BEERS FOR HER BOYFRIEND AND SHE WAS SORRY. THE DEFENDANT THEN GOT ON HER BICYCLE AND LEFT THE AREA. THE COMPLAINANT PROVIDED DEPUTY DONCOURT WITH A SALES RECEIPT SHOWING THREE NATURAL ICE CANS OF BEER TOTALING $4.98 BEFORE TAX. AFTER RECEIVING THIS INFORMATION, I PLACED THE DEFENDANT IN HANDCUFFS BEHIND HER BACK (DOUBLE LOCKED) AND SEATED HER IN THE REAR OF MY PATROL VEHICLE FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY. I THEN READ THE DEFENDANT HER MIRANDA WARNINGS FROM A PRE-PRINTED AGENCY CARD; AT WHICH TIME SHE ADVISED ME THAT SHE DID NOT WANT TO SPEAK WITH ME. DEPUTY DONCOURT TURNED THE SALES RECEIPT AND THE COMPLAINANT'S SWORN WRITTEN STATEMENT INTO RECORDS. THIS DEPUTY TURNED THE FIVE STILL PHOTOS INTO RECORDS. I WILL RETURN TO THE CUMBERLAND FARMS STORE TO RETRIEVE A DVD COPY OF THE SURVEILLANCE FOOTAGE OF THE INCIDENT, WHICH WAS NOT READY AT THE TIME OF THIS ARREST. WHILE EN ROUTE TO THE CITRUS DETENTION FACILITY, I ATTEMPTED TO GAIN INFORMATION SUCH AS A DRIVER'S LICENSE NUMBER AND THE DEFENDANT'S MIDDLE NAME. ONCE THE DEFENDANT PROVIDED ME WITH HER MIDDLE NAME SHE STATED, ''FUCK YOU, COPS, I'M NOT TELLING YOU SHIT''. THE DEFENDANT ALSO STATED, ''YOU COPS KEEP HARASSING ME AND MY BROTHER HAS GOT SOMETHING FOR YOU FUCKING COPS''. I THEN ASKED THE DEFENDANT WHAT SHE MEANT BY THOSE STATEMENTS, TO WHICH SHE REPLIED, ''FUCK YOU''. I THEN STOPPED TALKING WITH THE DEFENDANT, WHO CONTINUED TO SWEAR AND CALL THIS DEPUTY NAMES WHILE EN ROUTE TO THE DETENTION FACILITY. UPON ARRIVAL, THE DEFENDANT WAS TURNED OVER TO DETENTION STAFF FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND FOR THE RESIST LEO/MERCHANT DURING OR AFTER THEFT CHARGE WAS SET AT $1,000.00 PER THE BOND SCHEDULE. THE DEFENDANT'S BOND FOR THE CHARGE OF PETIT THEFT, PREVIOUS CONVICTION OF ANY THEFT, WAS SET AT $1,000.00 PER THE BOND SCHEDULE FOR A TOTAL $2,000.00 BOND. |
