| Probable cause affidavit: |
SUBMITTED BY: SMOLENSKY, STEVE 0142 (AR08102994) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WAL-MART, TO WIT: CLOTHES AND CRYSTAL LIGHT DRINK POWDER, 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 LESS THAN $300.00, IN VIOLATION OF FLORIDA STATE STATUTES 812.015, 812.014(1), AND 812.014(3)(A). ANY PERSON WHO VIOLATES SUBSECTION 8 BY COMMITTING A RETAIL THEFT AND WHO HAS BEEN PREVIOUSLY CONVICTED OF A VIOLATION OF SUBSECTION 8 (RETAIL THEFT) COMMITS A FELONY OF THE SECOND DEGREE IN VIOLATION OF FLORIDA STATE STATUTE 812.015 (9). ON 050108 AT APPROXIMATELY 1813 HOURS, I WAS DISPATCHED TO WAL-MART, LOCATED AT 2461 EAST GULF-TO-LAKE HIGHWAY IN INVERNESS, IN REFERENCE TO A RETAIL THEFT. UPON ARRIVAL, I MADE CONTACT WITH LOSS PREVENTION STAFF WHO ADVISED THAT ON THIS DATE AN INDIVIDUAL, LATER IDENTIFIED AS MR TERRY KITCHEN, WAS WALKING BY THE JEWELRY SECTION WHILST PREVENTION ADVISED THAT THE DEFENDANT WALKED AROUND THE HEALTH AND BEAUTY DEPARTMENT AND THEN EXITED THE STORE THROUGH THE GENERAL MERCHANDISE EXIT. THE COMPLAINANT ADVISED THAT APPROXIMATELY 15 MINUTES LATER, THE DEFENDANT CAME BACK THROUGH THE GROCERY ENTRANCE AND HEADED TOWARDS THE BOY'S DEPARTMENT. WHILE EN ROUTE, THE DEFENDANT GRABBED BOXES OF CRYSTAL LIGHT SOFT DRINK MIX, AND WHEN HE GOT TO THE BOYS DEPARTMENT, HE PLACED THE BOXES IN EACH SIDE POCKET OF HIS SHORTS. THE DEFENDANT GRABBED A PAIR OF SHORTS AND TWO SHIRTS FROM THE BOYS DEPARTMENT AND THEN PROCEEDED TO MENSWEAR. WHEN THE DEFENDANT REACHED MENSWEAR, HE PLACED THE SHORTS AND SHIRT IN THE FRONT OF HIS SHORTS. HE THEN PROCEEDED TO THE GROCERY EXIT, PASSING ALL POINTS OF SALE AND NOT PAYING FOR THE MERCHANDISE. IT SHOULD BE NOTED THAT THE DEFENDANT ACCOMPLISHED ALL THIS WHILE PUSHING HIS FOUR-YEAR-OLD SON IN A SHOPPING CART THROUGH THE STORE. THE DEFENDANT WAS STOPPED IN THE BREEZEWAY OF THE GROCERY EXIT BY LOSS PREVENTION STAFF AND WAS ACCOMPANIED BY THEM TO THE SECURITY OFFICE, WHERE THE DEFENDANT GAVE THE STAFF THE SHORTS AND SHIRT AND STATED THAT THAT WAS ALL HE HAD. THE DEFENDANT ADVISED LOSS PREVENTION THAT HIS NAME WAS MR TERRY HALL AND THAT HE DID NOT HAVE HIS IDENTIFICATION WITH HIM. WHILE IN THE OFFICE THE DEFENDANT ATTEMPTED TO CONCEAL THE PACKAGES OF CRYSTAL LIGHT. THE DEFENDANT EVENTUALLY PROVIDED TWO BOXES OF CRYSTAL LIGHT. TWO OTHER BOXES WERE LATER IDENTIFIED IN THE SECURITY OFFICE, THAT THE DEFENDANT TRIED TO HIDE, AT WHICH TIME THIS AGENCY WAS CONTACTED. I MADE CONTACT WITH THE DEFENDANT, MR TERRY KITCHEN, AND READ HIM HIS MIRANDA WARNINGS VIA MY CARD AND QUESTIONED HIM REFERENCE THIS INCIDENT. THE DEFENDANT INITIALLY STATED THAT HIS LAST NAME WAS HALL, BUT QUICKLY CHANGED THAT, STATING THAT HIS LAST NAME WAS KITCHEN. A DRIVER'S LICENSE WAS ALSO LOCATED ON THE DEFENDANT'S ADVISING THAT THIS NAME WAS, IN FACT, KITCHEN. I ASKED THE DEFENDANT WHAT HAD OCCURRED, AT WHICH TIME THE DEFENDANT ADVISED THAT HE IS IN CITRUS COUNTY FROM MIAMI VISITING HIS SON, WHO HE WAS IN THE STORE WITH. THE DEFENDANT ADVISED THAT HE TUCKED THE SHORTS AND SHIRT DOWN HIS SHORTS, AS DESCRIBED BY LOSS PREVENTION STAFF. THE DEFENDANT ALSO ADMITTED TO TAKING TWO OF THE FOUR BOXES OF CRYSTAL LIGHT THAT WERE RECOVERED. HE TRIED TO ADVISE THAT AT LEAST ONE OF THE OTHER BOXES HAD BEEN LEFT IN THE OFFICE PREVIOUSLY, WHICH WAS DENIED BY LOSS PREVENTION STAFF. THE DEFENDANT ADVISED THAT HE IS NOT FAMILIAR WITH THE AREA, AND THAT HIS SON'S MOTHER WAS AT A NEARBY COLLEGE, IN NURSING SCHOOL. WITH THE DIRECTIONS PROVIDED, IT APPEARED THAT THE SCHOOL WAS CENTRAL FLORIDA COMMUNITY COLLEGE (CFCC) IN LECANTO. I ATTEMPTED TO CONTACT THE CHILD'S MOTHER VIA TELEPHONE, WITH NEGATIVE RESULTS. I RESPONDED TO CFCC IN LECANTO WHILE DEPUTY BASS WAITED IN THE SECURITY OFFICE WITH THE DEFENDANT AND HIS SON. I WAS ABLE TO LOCATE THE CHILD'S MOTHER IN A NURSING CLASS TAKING A TEST. UPON TELLING HER WHAT HAPPENED, THE MOTHER COLLAPSED ON THE GROUND AND BECAME VERY UPSET THAT SHE WAS GOING TO FAIL HER TEST. I SPOKE WITH THE MOTHER'S TEACHER AND ADVISED HER THAT I NEEDED HER TO COME WITH ME AND THERE WAS NO TROUBLE BUT THERE WAS A SITUATION INVOLVING HER SON, AND SHE NEEDED TO LEAVE WITH ME AT THAT TIME. THE TEACHER ADVISED THAT OTHER ARRANGEMENTS WOULD BE MADE FOR THE MOTHER TO COMPETE THE TEST, AT WHICH TIME THE MOTHER ACCOMPANIED THIS DEPUTY BACK TO WAL-MART, AS SHE HAD BEEN DROPPED OFF BY THE DEFENDANT, AND HER CAR WAS WITH HIM. UPON RETURNING BACK TO WAL-MART, THE CHILD AND THE KEYS TO THE VEHICLE WERE TURNED OVER TO THE MOTHER. I ASKED THE MOTHER FOR CONSENT TO CHECK THE VEHICLE, AS LOSS PREVENTION STATED THAT THE DEFENDANT EXITED THE STORE POSSIBLY WITH OTHER MERCHANDISE AND RETURNED THE SECOND TIME. THE MOTHER BECAME VERY UNCOOPERATIVE AND REFUSED TO LET THIS DEPUTY CHECK HER VEHICLE. THE MOTHER WAS RELEASED WITH HER CHILD, AT WHICH TIME THE DEFENDANT WAS ARRESTED, HANDCUFFED, (DOUBLE LOCKED) AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY IN LECANTO AND CHARGED WITH ONE COUNT OF RETAIL THEFT, IN VIOLATION OF FLORIDA STATE STATUTE 812.015 (9). BOND WAS SET AT $5,000.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO TRESPASS WARNED FROM WAL-MART BY LOSS PREVENTION STAFF. THE TRESPASS WAS LOGGED THIS DATE WITH TELETYPE OPERATOR 504. LOSS PREVENTION COMPLETED WRITTEN STATEMENTS REFERENCE THIS INCIDENT (TO FOLLOW). A PROPERTY RECEIPT WAS COMPLETED AND SIGNED BY WALL-MART STAFF, AT WHICH TIME PROPERTY WAS RETURNED TO THEM. ON 121104, THE DEFENDANT WAS ARRESTED BY PEMBROKE PINES POLICE DEPARTMENT FOR LARCENY, PETIT, THIRD OR SUBSEQUENT CONVICTION. THE CASE WAS RAISED TO GRAND THEFT IN THE THIRD DEGREE ON 012405, AND THE DEFENDANT WAS FOUND GUILTY AND CONVICTED ON 033106. THE PREVIOUS CONVICTION MAKES THIS A FELONY PER FLORIDA STATUTE. *NOT-EXEMPT* |
