| Probable cause affidavit: |
SUBMITTED BY: VICK, BRYAN 0684 (AR12-3715) MORAN, GREG 1246 DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF BEALLâS , TO WIT: ONE PAIR OF NIKE SANDALS VALUED AT $45.00, BY 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). DID UNLAWFULLY AND KNOWINGLY, while committing or after committing theft of property, resist the reasonable effort of a merchant OR merchantâs employee, to recover the property WHICH THE merchant OR merchantâs 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 120512, I WAS DISPATCHED TO BEALLâS DEPARTMENT STORE IN INVERNESS, LOCATED AT 2851 EAST GULF TO LAKE HIGHWAY IN REFERENCE TO A SHOPLIFTER IN CUSTODY. UPON MY ARRIVAL I MADE CONTACT WITH THE COMPLAINANT, MR CHAD WHITLER, WHO IS THE LOSS PREVENTION OFFICER AT BEALL'S. MR WHITLER ADVISED ME HE HAD A SUSPECT IN CUSTODY WHO WAS IDENTIFIED AS MR TIMOTHY NICHOLS. MR WHITLER STATED HE OBSERVED A WHITE MALE IN THE SHOE DEPARTMENT TAKE A PAIR OF NIKE SANDALS OUT AND THEN CONCEAL THEM IN the FRONT OF HIS PANTS. MR WHITLER STATED HE OBSERVED MR NICHOLS EXIT THROUGH THE STORE WITHOUT ANY ATTEMPT TO PAY FOR THEM. MR WHITLER STATED HE MADE CONTACT WITH MR NICHOLS IN THE PARKING LOT AND PRESENTED HIS LOSS PREVENTION CARD AND VERBALLY IDENTIFIED HIMSELF. MR WHITLER THEN STATED HE ESCORTED MR NICHOLS BACK INTO THE STORE AND THAT WAS WHEN MR NICHOLS ATTEMPTED TO RESIST MR WHITLER AND TRIED FLEEING FROM HIM. MR WHITLER ADVISED THAT AT THAT TIME HE TRIED TO GET MR NICHOLS IN A BODY HOLD AND IT TURNED INTO A PHYSICAL STRUGGLE. MR WHITLER STATED AT THAT TIME HE STOPPED ALL ACTION AND LET MR NICHOLS GO, FOR HIS SAFETY AND THE SAFETY OF OTHERS. MR WHITLER STATED THAT WAS WHEN HE MADE CONTACT WITH THE SHERIFFâS OFFICE. MR WHITLER PROVIDED ME WITH A RECEIPT FOR THE SANDALS TOTALING $45.00, AND ALSO PROVIDED A WRITTEN STATEMENT. I THEN MADE CONTACT with PAMELA SUE BRADFORD, WHO WAS IDENTIFIED AS MR NICHOLS MOTHER. SHE STATED SHE HAD A $10.00 BEALLâS BUCKS CARD AND THAT WAS THE REASON THEY WERE AT BEALLâS TODAY. MS BRADFORD STATED SHE WAS NOT AWARE OF WHAT HER SON DID AND WHILE SHE WAS WALKING OUT OF THE STORE SHE SAW A MAN AND HER SON IN A PHYSICAL CONFRONTATION. MS BRADFORD DID STATE SHE HEARD MR WHITLER IDENTIFY HIMSELF AS THE LOSS PREVENTION OFFICER OF BEALLâS. I THEN MADE CONTACT WITH THE SUSPECT, MR NICHOLS AND READ HIM HIS MIRANDA RIGHTS VIA AN AGENCY PREPRINTED CARD AND ASKED HIM IF HE WOULD LIKE TO EXPLAIN WHAT HAD HAPPENED. MR NICHOLS STATED HE WISHED TO SPEAK WITH ME REGARDING WHAT HAD HAPPENED. MR NICHOLS ADVISED HE MADE HIS WAY TO THE SHOE DEPARTMENT AND FOUND A PAIR OF NIKE SANDALS AND HAD PLACED THEM IN THE FRONT OF HIS PANTS, AS MR WHITLER HAD PREVIOUSLY STATED. MR NICHOLS DID STATE THAT MR WHITLER MADE CONTACT WITH HIM OUTSIDE THE STORE AND IDENTIFIED HIMSELF. MR NICHOLS DID STATE HE IS ON PROBATION AND HIS PROBATION OFFICER IS JAMES CZERWINSKI. I THEN MADE CONTACT WITH MR CZERWINSKI OVER THE PHONE AND HE STATED MR NICHOLS IS ON PROBATION, BUT HE WAS IN THE PROCESS OF VIOLATING HIM. I THEN PLACED MR NICHOLS UNDER ARREST, HE WAS HANDCUFFED, DOUBLE LOCKED BEHIND HIS BACK, AND HE WAS PLACED IN THE REAR SEAT OF MY PATROL VEHICLE and TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS TURNED OVER TO JAIL STAFF. MR NICHOLS WAS CHARGED WITH ONE COUNT OF RETAIL PETIT THEFT with BOND OF $250.00, AND ALSO CHARGED WITH RESISTING A MERCHANT WITH BOND SET AT $500.00 PER THE BOND SCHEDULE. MR NICHOLS IS ALSO BEING ARRESTED AND CHARGED WITH VIOLATION OF PROBATION. THE WRITTEN STATEMENT, A PICTURE OF THE SANDALS AND A RECEIPT WAS TURNED OVER TO RECORDS, AND THE CD OF THE VIDEO SURVEILLANCE WAS TURNED OVER TO EVIDENCE. |
