| Probable cause affidavit: |
SUBMITTED BY: RUBY, SAMUEL 0562 (AR09109939) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF BEALLS OUTLET, TO WIT: CARRYING AWAY THE SAID MERCHANDISE, WITH INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE, 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); AND COMMITTING THEFT OF PROPERTY, RESIST THE REASONABLE EFFORT OF A MERCHANT OR MERCHANT'S EMPLOYEE, TO RECOVER THE PROPERTY WHICH THE MERCHANT OR MERCHANT'S EMPLOYEE HAD PROBABLE CAUSE TO BELIEVE THE INDIVIDUAL HAD CONCEALED OR REMOVED FROM ITS PLACE OF DISPLAY OR ELSEWHERE, IN VIOLATION OF FLORIDA STATE STATUTE 812.015(6). ON 071009, I WAS DISPATCHED TO BEALLS OUTLET IN REFERENCE TO A DISTURBANCE IN THE PARKING LOT. UPON ARRIVAL , I WAS ADVISED THAT THE DEFENDANT AND AN ADULT WHITE FEMALE AND ANOTHER MALE HAD ENTERED A WHITE CHEVROLET FOUR DOOR CAR AND LEFT THE SCENE TRAVELING SOUTHBOUND ON 19. I REMAINED AT THE SCENE WHILE DEPUTY SMITH ATTEMPTED TO MAKE CONTACT WITH THAT VEHICLE AND ITS OCCUPANTS ON SOUTH SUNCOAST BOULEVARD. WHILE AT BEALLS OUTLET I MADE CONTACT WITH THEIR LOSS PREVENTION WHO ADVISED THAT HE WAS A LOSS PREVENTION OFFICER FOR BEALLS OUTLET AND THAT HE OBSERVED AN UNKNOWN SUBJECT, LATER IDENTIFIED AS THE DEFENDANT, SELECTING A WHITE SHIRT, A BROWN SHIRT, AND A BLACK SHIRT. HE THEN GOT TWO PAIRS OF SHORTS AND ENTERED THE FITTING ROOM WITH THESE ITEMS. UPON EXITING THE FITTING ROOM THE SUBJECT PLACED THE BROWN SHIRT AND ONE PAIR OF SHORTS BACK ON THE RACK. HE ADVISED THAT HE THEN CHECKED THE FITTING ROOM AND FOUND ONE PAIR OF SHORTS AND TWO EMPTY HANGERS. THE SUBJECT THEN WENT TO THE MEN'S ACCESSORIES AND SHOPPED HIS WAY TO THE FRONT OF THE STORE. THE SUBJECT THEN EXITED THE STORE WITHOUT PAYING FOR THE TWO MISSING SHIRTS. HE ADVISED THAT HE THEN EXITED THE STORE AND APPROACHED THE DEFENDANT. HE ADVISED THAT HE IDENTIFIED HIMSELF BOTH VERBALLY AND WITH HIS IDENTIFICATION WHEN THE DEFENDANT IMMEDIATELY GOT INTO HIS FACE ACCUSING HIM OF TOUCHING THE DEFENDANT. HE ADVISED THAT HE ASKED THE DEFENDANT FOUR OR FIVE TIMES TO RETURN TO THE STORE AND THE DEFENDANT REFUSED EVERY TIME. HE ADVISED THAT HE THEN TRIED TO TAKE THE DEFENDANT BY THE ARM AND THE DEFENDANT PULLED AWAY AND STATED THERE WAS NO WAY THAT HE WAS GOING BACK INTO THAT STORE. THE AGENT AND THE SUBJECT THEN BEGAN TO WRESTLE. THE LOSS PREVENTION AGENT WAS TRYING TO GAIN CONTROL OF THE SUBJECT TO RETURN THE SUBJECT TO THE STORE. HE ADVISED AT THAT TIME, HE WAS JUMPED FROM BEHIND KNOCKING HIM AND THE DEFENDANT TO THE GROUND BY AN UNKNOWN SUBJECT IDENTIFYING HIMSELF AS THE DEFENDANT'S DAD WHO HELD HIM TO THE GROUND AND THREATENED HIM VERBALLY ADVISING HIM NOT TO GET UP. HE ADVISED THAT THE DEFENDANT AND THE MALE SUBJECT AND AN UNIDENTIFIED FEMALE SUBJECT THEN GOT INTO A WHITE CHEVROLET BERETTA, LICENSE NUMBER 235VAB, AND LEFT. AT THAT TIME, HE CALLED THE CITRUS COUNTY SHERIFF'S OFFICE AND ADVISED THAT BEALLS WISHES TO PROSECUTE. WHILE IN THE STORE COLLECTING THE LOSS PREVENTION AGENT'S STATEMENT, I WAS ADVISED BY AN ASSOCIATE FROM THE GOODWILL, WHICH IS LOCATED NEXT DOOR TO BEALLS OUTLET, THAT THE SUBJECT WERE BACK AT THE GOODWILL. AT THAT TIME, MYSELF AND DEPUTY RICCI PROCEEDED TO THE GOODWILL WHERE WE MADE CONTACT WITH THE DEFENDANT THE DEFENDANT'S MOTHER AND THE DEFENDANT'S MOTHER'S BOYFRIEND. I ASKED THE DEFENDANT TO RETURN TO THE BEALLS OUTLET WITH THIS DEPUTY, IN REFERENCE TO RETAIL THEFT. UPON ENTERING BEALLS OUTLET THE DEFENDANT DENIED STEALING ANY PROPERTY. THE DEFENDANT THEN STATED THAT HE DID NOT HAVE ANYTHING ON HIM THEREFORE WE COULD NOT PROVE THAT HE STOLE ANYTHING. A STATEMENT WAS COMPLETED BY THE BEALLS OUTLET LOSS PREVENTION, WHICH WILL BE TURNED IN TO RECORDS. DEPUTY SMITH MADE CONTACT WITH THE DEFENDANT'S MOTHER AND THE DEFENDANT'S MOTHER'S BOYFRIEND AND ASKED THEM WHERE THEY HAD GONE WHEN THEY LEFT THE INCIDENT LOCATION. THE DEFENDANT'S MOTHER ADVISED THAT THEY HAD DROVE TO 19 AND OZELLO AND TURNED AROUND AND CAME BACK TO PAY FOR THE ITEMS THAT SHE HAD LEFT AT GOODWILL. DEPUTY SMITH THEN PROCEEDED TO THE CIRCLE K LOCATED AT SOUTH SUNCOAST BOULEVARD AND WEST OZELLO TRAIL WHERE HE LOCATED A WHITE TOWEL BEHIND THE DUMPSTER BEHIND THE BUSINESS LOCATED ON THE SOUTH SIDE OF THE BUILDING AND A CHAIN LINK FENCE WITH SEVERAL ITEMS INSIDE THE TOWEL BELONGING BOTH TO BEALLS OUTLET AND THE GOODWILL. DEPUTY SMITH THEN ASKED THE CLERK OF THE CIRCLE K IF THEY HAD VIDEO FROM THE CAMERA LOCATED ON THE OUTSIDE OF THE BUILDING ABOVE THE DUMPSTERS. DEPUTY SMITH ADVISED THAT HE OBSERVED THE DEFENDANT EXIT THE VEHICLE AND PROCEED INSIDE THE CIRCLE K WHILE THE DEFENDANT'S MOTHER AND MOTHER'S BOYFRIEND DROVE THE VEHICLE AROUND BY THE DUMPSTER WHERE THE MOTHER OPENED THE TRUNK AND THE BOYFRIEND REMOVED A TOWEL CONTAINING THE MERCHANDISE AND HID IT BEHIND THE DUMPSTER. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND THE BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS ADVISED OF HIS RIGHTS PER THE CARD AND WAIVED HIS RIGHTS, ONLY STATING THAT HE NEVER STOLE ANYTHING FROM THE STORE. MYSELF AND DEPUTY SMITH MADE CONTACT WITH THE MOTHER OF THE DEFENDANT AND THE MOTHER'S BOYFRIEND WHO ALSO WERE READ THEIR MIRANDA RIGHTS PER CARD BY DEPUTY RICCI AND WAIVED THEIR RIGHTS. THE MOTHER'S BOYFRIEND ADVISED THAT HE DID JUMP ON THE LOSS PREVENTION ASSOCIATE FROM BEALLS TO GET HIM OFF THE DEFENDANT AND THE MOTHER ADVISED THAT SHE DID NOT STEAL ANYTHING FROM BEALLS, BUT SHE DID STEAL MERCHANDISE FROM THE GOODWILL. THE PROPERTY TAKEN FROM BEALLS OUTLET BY THE DEFENDANT WAS TWO SHIRTS ONE VALUED AT $14.99 AND ONE VALUED AT $9.99. ALSO IN THE RECOVERED PROPERTY WAS A LEATHER BELT BLACK IN COLOR WITH AC/DC ON IT VALUED AT $9.99. THE PROPERTY THAT WAS TAKEN FROM THE GOODWILL WAS ONE PAIR OF PINK SHORTS BY GEORGE, ONE PINK SHIRT WITH PETER PAN BY D STUDIO, ONE GREEN WINNIE THE POOH SHIRT BY DISNEY, ONE PINK PRINCESS SKIRT BY DISNEY, ONE BLUE LIMITED TOO TANK TOP SHIRT, ONE PAIR OF COTTON WORK GLOVES, AND ONE GREY ONEILL SHIRT ALL WITH UNKNOWN VALUES. THE IN STORE VIDEO WAS RETRIEVED BY THIS DEPUTY FROM THE BEALLS OUTLET AND A PROPERTY RECEIPT WAS COMPLETED AND WILL BE TURNED IN TO RECORDS. WE ATTEMPTED TO RETRIEVE THE VIDEO FROM CIRCLE K, BUT WAS UNSUCCESSFUL DUE TO NOT HAVING A QUALIFIED OPERATOR FOR THEIR SECURITY SYSTEM. THAT VIDEO WILL BE RETRIEVED AT A LATER DATE. I ASKED THE DEFENDANT WHY HE WAS FIGHTING WITH THE LOSS PREVENTION AND THE DEFENDANT ADVISED THAT HE DID NOT KNOWN WHO HE WAS AND THAT HE JUST ATTACKED HIM. WITNESSES STATEMENTS FROM EMPLOYEES AT THE GOODWILL STATING THAT THEY SAW THE INCIDENT IN THE PARKING LOT. ALL THE WITNESSES STATED THAT THERE WAS A VERBAL CONFRONTATION, WHICH LED TO A PHYSICAL FIGHT. THE STATEMENTS SAY THAT THE DEFENDANT STARTED SWINGING AT THE LOSS PREVENTION OFFICER WHEN THE MOM AND DAD RAN OUTSIDE AND DAD JUMPED ON THE LOSS PREVENTION OFFICER AND HELD HIM DOWN WHILE THE MOM WAS CURSING AT HIM. THE STATEMENTS WILL BE TURNED IN TO RECORDS. THE DEFENDANT WAS WEARING A RED SHIRT RED AND WHITE BASS PRO SHOPS HAT AND BLUE JEANS. THE DEFENDANT'S MOTHER'S BOYFRIEND WAS WEARING A GREY TANK TOP AND BLUE JEAN SHORTS. THE DEFENDANT'S MOTHER AND HER BOYFRIEND WERE ALSO HANDCUFFED (DOUBLE LOCKED) BEHIND THEIR BACKS AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY RICCI. THE DEFENDANT WAS TRANSPORTED BY THIS DEPUTY. BOND WAS SET PER THE BOND SCHEDULE. AN AGENCY CARD BEARING MY NAME AND CASE NUMBER WAS GIVEN TO THE VICTIM'S. *NOT-EXEMPT* |
