| Probable cause affidavit: |
SUBMITTED BY: WEST, ROY 0421 (AR11120142) DID UNLAWFULLY AGREE, CONSPIRE, COMBINES, OR CONFEDERATES, WITH ANOTHER PERSON OR PERSONS TO COMMIT AN OFFENSE OF CRIMINAL CONSPIRACY, TO WIT: THE DEFENDANT CONSPIRED WITH HIS ACCOMPLICE TO DEFRAUD PUBLIX GROCERY STORES BY RETURNING ITEMS FOR CASH WHEN THE ITEMS WERE PURCHASED WITH WORTHLESS CHECKS, IN VIOLATION OF FLORIDA STATE STATUTE 777.04(3), CRIMINAL CONSPIRACY. THE DEFENDANT DID KNOWINGLY COMMIT A SCHEME TO DEFRAUD, IN WHICH HE CONDUCTED A SYSTEMATIC, ONGOING COURSE OF CONDUCT WITH INTENT TO DEFRAUD ONE OR MORE PERSONS, OR WITH INTENT TO OBTAIN PROPERTY FROM ONE OR MORE PERSONS BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS OR PROMISES OR WILLFUL MISREPRESENTATIONS OF A FUTURE ACT, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 817.034(4)(A)(3). ON 040611 AT APPROXIMATELY 1420 HOURS, I WAS DISPATCHED TO 1420 NORTH US HIGHWAY 41 IN INVERNESS, WHICH IS PUBLIX STORE 255, IN REFERENCE TO INDIVIDUALS ATTEMPTING TO RETURN ITEMS FOR CASH THAT WERE PURCHASED WITH CHECKS FROM AN ACCOUNT WITH INSUFFICIENT FUNDS. UPON MY ARRIVAL DEPUTY PATTERSON HAD MADE CONTACT WITH A SUBJECT OUTSIDE, THE DRIVER, MR TYLER GEORGE. I ENTERED INTO THE STORE AND MADE CONTACT WITH THE STORE MANAGER, WHO INDICATED THAT THE FEMALE AT THE COUNTER WAS ATTEMPTING TO RETURN ITEMS THAT WERE PURCHASED EARLIER FROM A DIFFERENT STORE. HE ADVISED THAT THE CHECKS THAT ARE BEING USED BY THIS PERSON HAVE ALREADY BEEN IDENTIFIED ON AN ACCOUNT WITH INSUFFICIENT FUNDS, AS THEY HAVE BEEN DOING THIS TO FOUR DIFFERENT STORES IN THE PAST TWO DAYS. HE ADVISED THAT THE FIRST CHECK WAS WRITTEN FOR $132.42. THEY THEN ATTEMPTED TO RETURN THE ITEMS FOR A REFUND FOR CASH; HOWEVER THEY WERE DECLINED BY THE STORE MANAGER IN HOMOSASSA. THEY THEN TOOK THOSE ITEMS TO THE STORE IN CRYSTAL RIVER AND RECEIVED A CASH REFUND OF $108.07. AFTER LEAVING THE STORE, THEY WAITED A SHORT TIME AND THEN RETURNED AND MADE A PURCHASE OF $69.30, LATER RETURNING FOR A CASH REFUND OF $59.83. THEY ALSO WENT TO THE SUGAR MILLS WOODS STORE IN HOMOSASSA, WHERE THEY WROTE A CHECK FOR $146.92. THEY THEN WENT TO ANOTHER PUBLIX AND WROTE A CHECK FOR $182.13. THE TOTAL CHECKS WRITTEN KNOWN TO DATE WERE $530.77. THE TOTAL CASH REFUNDS KNOWN TO DATE ARE $167.90. ON THIS TRANSACTION THEY ATTEMPTED TO RETURN ITEMS TO THE INVERNESS STORE TOTALING $127.67, AT WHICH TIME LAW ENFORCEMENT WAS CONTACTED AND WE WERE ABLE TO MAKE CONTACT WITH THE SUSPECT. IN SPEAKING WITH THE SUSPECT, MS SANDRA SWINDELL, SHE ADVISED THAT SHE HAD OPENED HER CHECKING ACCOUNT HERSELF WITH $50.00 CASH ON 040111. SHE ADVISES THAT SHE AND HER FIANCÉ DID GO TO MULTIPLE STORES TO MAKE PURCHASES AND DID MAKE A COUPLE OF RETURNS, DUE TO THE ITEMS NOT BEING EXACTLY WHAT SHE WANTED, WHERE SHE DID IN FACT TAKE CASH PER HER REQUEST. AT A COUPLE OF THE STORES, SHE AND HER BOYFRIEND MADE THE PURCHASES AND AT DIFFERENT LOCATIONS THEY TOOK TURNS RETURNING THE ITEMS. I HANDCUFFED THE SUSPECT BEHIND HER BACK AND SECURED HER IN DEPUTY PATTERSON'S VEHICLE OUTSIDE. I THEN MADE CONTACT WITH MR GEORGE. DUE TO THE FACT THAT MR GEORGE WAS IN HANDCUFFS, I READ HIM HIS MIRANDA RIGHTS. HE ADVISED HE UNDERSTOOD HIS RIGHTS AND DID WISH TO SPEAK TO ME. MR GEORGE DID STATE THAT HIS GIRLFRIEND WROTE CHECKS, BUT HE WAS NOT AWARE THAT SHE DID NOT HAVE THE MONEY IN THE ACCOUNT. HE ALSO ADVISED THAT HE DID MAKE RETURNS FOR CASH AND HE DID DRIVE HER TO ALL OF THESE LOCATIONS. AT THIS TIME BOTH PARTIES WERE SECURED IN THE REAR OF DEPUTY PATTERSON'S PATROL VEHICLE, WHERE THE DEFENDANTS WERE TRANSPORTED AND TURNED OVER TO CITRUS COUNTY DETENTION FACILITY STAFF, FOR PROCESSING. "IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE ADA COORDINATOR AT THE OFFICE OF THE TRIAL COURT ADMINISTRATOR, CITRUS COUNTY COURTHOUSE, 110 NORTH APOPKA AVENUE, INVERNESS, FLORIDA 34450, TELEPHONE (352) 341-6700, AT LEAST 7 DAYS BEFORE YOUR SCHEDULED COURT APPEARANCE, OR IMMEDIATELY UPON RECEIVING THIS NOTIFICATION IF THE TIME BEFORE THE SCHEDULED APPEARANCE IS LESS THAN 7 DAYS; IF YOU ARE HEARING OR VOICE IMPAIRED, CALL 711.” *NOT-EXEMPT* |
