Probable cause affidavit: |
SUBMITTED BY: STRICKLAND, DALE 0276 (AR14-11157) (CASE 14-95480) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WALGREENS, TO WIT: COSMETICS TOTALING $149.94, BY CARRYING AWAY THE SAID MERCHANDISE, WITH THE 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 812.014(2)(E). DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY STRICKLAND, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: ATTEMPTING TO PERFORM A TRAFFIC STOP, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 071214 AT 1401 HOURS, I WAS RESPONDING TO WALGREEN'S IN CRYSTAL RIVER, 310 NORTHEAST U S HIGHWAY 19 IN CRYSTAL RIVER. WHILE TRAVELING SOUTH ON HIGHWAY 19 I OBSERVED A SILVER IN COLOR MERCURY MARQUIS WHICH FIT THE DESCRIPTION OF THE VEHICLE WHICH HAD BEEN RELAYED TO DISPATCH TRAVELING NORTH ON U S HIGHWAY 19. I STILL PROCEEDED TO WALGREENS IN CRYSTAL RIVER, WHERE I MADE CONTACT WITH THE MANAGER, MS KAREN JACKSON. MS JACKSON SHOWED THIS DEPUTY THE VIDEO WHERE I OBSERVED THE DEFENDANT, MR THOMAS R MCDOWELL, AND THE WITNESS, JUSTIN BASSETT COME IN TO WALGREEN'S. I THEN OBSERVED THE DEFENDANT LEAVE THE STORE ABRUPTLY, HOLDING HIS SIDE. ALSO THE WITNESS LEFT THE STORE AND WALKED OUTSIDE. I THEN OBSERVED THE DEFENDANT COME BACK INTO THE STORE AGAIN, AND THE WITNESS LATER COME IN BEHIND HIM. I COULD THEN SEE THE DEFENDANT EXIT THE STORE AND THE MANAGER FOLLOWING HIM. MS JACKSON STATED THAT SHE CONFRONTED THE DEFENDANT AND HE THREW SEVERAL ITEMS OF COSMETICS OUT OF THE CAR. SHE ADVISED THAT OTHER BYSTANDERS OBTAINED THE VEHICLE LICENSE PLATE. THE DEFENDANT GOT INTO HIS VEHICLE AND LEFT THE PARKING LOT IN A HURRY. SHE ADVISED HE THEN TURNED NORTH ONTO HIGHWAY 19. THIS DEPUTY PROCEEDED FROM WALGREEN'S TO THE AREA OF CITRUS AVENUE AND U S HIGHWAY 19, WHERE DEPUTY KYLE FERGUSON AND DEPUTY CHENOWETH HAD MADE CONTACT WITH THE WITNESS. THE WITNESS STATED THAT HE AND THE DEFENDANT WALKED INTO WALGREEN'S. HE ADVISED THE DEFENDANT TOLD HIM HE WAS GOING TO PURCHASE MAKEUP FOR HIS GIRLFRIEND, AND AFTER LOOKING AT THE MAKEUP FOR A FEW MINUTES, THE WITNESS SAW THE DEFENDANT TURN HIS BACK TO HIM, AND IT LOOKED LIKE HE WAS PLACING ITEMS IN HIS POCKET. THE WITNESS STATED HE WALKED AWAY AND THEN WALKED OUTSIDE AND SAW THOMAS WALK OUTSIDE AND THEN THE DEFENDANT WALKED BACK INTO THE STORE. THE WITNESS ADVISED HE WALKED BACK INTO THE STORE AND WALKED TO THE BATHROOM AND WHEN HE RETURNED FROM THE BATHROOM, THE DEFENDANT HAD LEFT. A HANDWRITTEN STATEMENT WAS OBTAINED FROM THE WITNESS, WHICH HE SIGNED SWEARING TO HIS STATEMENT. THIS DEPUTY THEN PROCEEDED NORTH ONTO U S HIGHWAY 19 AND STOPPED ON THE SIDE OF THE ROAD JUST SOUTH OF THE MALL. I THEN OBSERVED AGAIN, A SILVER IN COLOR MERCURY MARQUIS TRAVELING SOUTH ON U S HIGHWAY 19. IT APPEARED THAT THE VEHICLE WAS ATTEMPTING TO STAY BEHIND A LARGE TRUCK. I PROCEEDED OUT ONTO U S HIGHWAY 19 BEHIND THE VEHICLE. WE BOTH WERE TRAVELING SOUTH. IT WAS AT THAT TIME THAT THE DEFENDANT TURNED IMMEDIATELY ONTO 14TH STREET. I FOLLOWED THE VEHICLE AND THEN INITIATED MY OVERHEAD EMERGENCY LIGHTS IN ORDER TO CONDUCT A TRAFFIC STOP ON THE VEHICLE. THE VEHICLE WOULD NOT STOP AND TRAVELED FOR APPROXIMATELY A MILE TO WHERE HE CAME TO REST AT NORTHWEST 6TH AVENUE AND NORTHWEST 14TH AVENUE. I THEN ORDERED THE DEFENDANT OUT OF THE VEHICLE AT LOW READY GUNPOINT, DUE TO PRIOR TO THIS STOP THE DEFENDANT WAS MOVING AROUND IN THE DRIVER'S SEAT AND THE VEHICLE WAS JERKING FROM SIDE TO SIDE, AND HAD REFUSED TO COME TO A STOP FOR APPROXIMATELY A QUARTER MILE AFTER REALIZING I WAS BEHIND HIM. I KNEW THIS BECAUSE I COULD SEE HIM LOOKING IN THE REAR VIEW MIRROR. I ASKED THE DEFENDANT TO EXIT HIS VEHICLE AND FACE OPPOSITE DIRECTION OF THIS DEPUTY AND PROCEED BACK TO MY PATROL VEHICLE WITH HIS HANDS ON HIS HEAD. I THEN ORDERED THE DEFENDANT DOWN TO HIS KNEES AND APPROACHED HIM, HOLSTERED MY WEAPON, AND HANDCUFFED HIM, DOUBLE LOCKED AND PLACED HIM IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS READ MIRANDA FROM A PREPRINTED CARD. HE AGREED TO SPEAK WITH ME. I ASKED HIM WHAT HAD HAPPENED TODAY, AND HE ADVISED THAT HE AND A FRIEND HAD GONE TO WALGREEN'S AND WENT IN AND REMOVED SOME COSMETIC ITEMS AND WHEN HE WENT TO LEAVE THE STORE THE MANAGER CONFRONTED HIM. HE ADVISED HE TURNED THOSE ITEMS OVER TO THE MANAGER AND THEN LEFT. A SEARCH WAS CONDUCTED OF THE VEHICLE, AND IT WAS DISCOVERED DOWN BESIDE THE PASSENGER SEAT, A TUBE OF JERGEN'S NATURAL GLOW 7.5 OZ AND THIS WAS LATER CONFIRMED TO BE A WALGREEN'S ITEM AND HAD BEEN TAKEN FROM THE INCIDENT ADDRESS. THE DEFENDANT'S VEHICLE WAS TURNED OVER TO MR ROBERT MILLARD, WHO WAS HIS ROOMMATE, AT THE DEFENDANT'S REQUEST. DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR PROCESSING. THE DEFENDANT'S BOND WAS SET AT $2,000.00 PER THE BOND SCHEDULE |