| Probable cause affidavit: |
SUBMITTED BY: MENDIGUITIA, RICARDO 0529 (AR08102357) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WAL-MART, TO WIT: FOLDERS AND COMPUTER PRINTER CARTRIDGES, BY TAKING POSSESSION OF OR CARRYING AWAY THE SAID MERCHANDISE, WITH INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE WAL-MART, A MERCHANT, OF THE POSSESSION, USE, BENEFIT, OR FULL RETAIL VALUE OF SAID PROPERTY, SAID PROPERTY BEING OF A VALUE OF $23.55, (LESS THAN $300.00), AND THIS BEING THE DEFENDANT'S SECOND OFFENSE, IN VIOLATION OF FLORIDA STATE STATUTES 812.014(3)(B)). ON 032508 AT APPROXIMATELY 2016 HOURS, I RESPONDED TO THE WAL-MART STORE LOCATED AT 2461 EAST GULF TO LAKE HIGHWAY, IN REFERENCE TO SHOPLIFTERS IN CUSTODY. UPON ARRIVAL I MADE CONTACT WITH STORE SECURITY (WITNESS), WHO ADVISED THAT WHILE WALKING THE FLOOR HE OBSERVED BOTH THE DEFENDANT AND CO-DEFENDANT WALKING AROUND THE PET SECTION OF THE STORE. HE THEN BEGAN SURVEILLANCE OF THEM, AT WHICH TIME HE OBSERVED THE DEFENDANT, MS TANYA KETTLER, AND CO-DEFENDANT MR GLENN KENNEMORE, ALONG WITH THREE ADOLESCENT CHILDREN WHO WERE WITH THEM. THE WITNESS THEN OBSERVED THEM WALKING THROUGH THE STATIONARY AREA AND OBSERVED DEFENDANT KETTLER OPEN A BOX OF HANGING FILE FOLDERS. WHILE THE CO-DEFENDANT OPENED ANOTHER BOX OF FOLDERS. THE CO-DEFENDANT THEN TOOK THE FOLDERS OUT OF ONE BOX AND PLACED THEM IN THE SECOND BOX. REALIZING THEY WOULD NOT FIT IN ONE BOX, THE CO-DEFENDANT TOOK SOME FOLDERS OUT AND HANDED THEM TO DEFENDANT KETTLER, WHO PLACED THEM BACK IN THE FIRST BOX, AND THEN PLACED THE BOX BACK ON THE SHELF. THE WITNESS FURTHER ADVISED THEY THEN PROCEEDED TO WALK AROUND THE STORE AND THEN WENT TO ELECTRONICS WHERE DEFENDANT KETTLER REMOVED THE BAR CODE FROM ONE ITEM OF LESSER VALUE AND PLACED IT ON A HIGHER QUALITY PRINTER CARTRIDGE. THEY THEN HEADED TO THE CHECKOUT COUNTER WHERE THEY THEN PAID FOR ALL THE ITEMS, HOWEVER, THE PRICE WAS INCORRECT ON THE PRINTER CARTRIDGE AND THEY PAID FOR A BOX OF 25 FOLDERS WHEN IN ACTUALITY THEY HAD 40 FOLDERS IN THE BOX. THEY THEN EXITED THE STORE, AT WHICH TIME THEY WERE STOPPED BY THE WITNESS (STORE SECURITY) AND WERE ESCORTED BACK TO THE SECURITY OFFICE WITHOUT INCIDENT. THE SHERIFF'S OFFICE WAS THEN NOTIFIED. THE DEFENDANT AND CO-DEFENDANT WERE PLACED UNDER ARREST, HANDCUFFED WITH THEIR HANDS BEHIND THEIR BACKS, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. DEFENDANT KETTLER'S BOND WAS SET AT $1,000.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
