| Probable cause affidavit: |
SUBMITTED By: ALEXANDER, DAWN 0561 (AR-2074) did unlawfully traffic in or endeavor to traffic in property that THE DEFENDANT, knew or should have known was stolen, to-wit: AN AIR CONDITIONER, the property of KMART, in violation of Florida Statute 812.019(1). OBTAIN OR USE THE PROPERTY OF THE VICTIM, KMART, TO WIT: AN AIR CONDITIONER , SAID PROPERTY BEING OF A VALUE OF $219.99, WITH THE INTENT TO EITHER TEMPORARILY OR PERMANENTLY DEPRIVE THE VICTIM OF A RIGHT TO THE PROPERTY OR A BENEFIT THEREOF, OR DID APPROPRIATE THE SAID PROPERTY TO HIS OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, IN VIOLATION OF FLORIDA STATE STATUTE 812.014(3)(A). DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE LOSS PREVENTION OFFICER SMITH, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: ATTEMPTING TO APPREHEND THE SUSPECTS, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. DID KNOWINGLY DISPLAY, CAUSE OR PERMIT TO BE DISPLAYED, AND HAVE IN HIS POSSESSION A SUSPENDED DRIVER'S LICENSE KNOWING THAT SUCH LICENSE HAS BEEN SUSPENDED, TO WIT: SUSPENDED BACK FROM 2009 TO PRESENT DATE FOR DRUGS AND ALCOHOL OUT OF MICHIGAN, HIS FLORIDA DRIVER'S LICENSE IS ALSO SUSPENDED, BUT HE ONLY HAD AN IDENTIFIED CARD ISSUED HERE, IN VIOLATION OF FLORIDA STATE STATUTE 322.32(1) ON 072112, I RESPONDED TO KMART LOCATED IN THE CRYSTAL RIVER MALL IN REFERENCE TO A SHOP LIFTER IN CUSTODY. UPON MY ARRIVAL I WAS MET BY THE STORE MANAGER OF KMART WHO ADVISED THAT THEY HAD BROUGHT THE SUBJECTS BACK IN TO THE LOSS PREVENTION OFFICE. I WALKED BACK TO the LOSS PREVENTION OFFICE AND MADE CONTACT WITH LOSS PREVENTION OFFICER SMITH, WHO ADVISED ME THAT HE OBSERVED A MALE AND A FEMALE LATER IDENTIFIED AS DEFENDANT ONE, MS FRANCES WALLACE AND DEFENDANT NUMBER TWO, MR VICTOR BIBIHAMANN, COME IN TO THE STORE. DEFENDANT TWO HAD WALKED OVER TO THE AIR CONDITIONERS AND PLACED A KENMORE 8000 BTU UNIT IN TO A SHOPPING CART, HE THEN WALKED TO THE SERVICE DESK AND MET DEFENDANT ONE. DEFENDANT ONE AND TWO THEN ATTEMPTED TO REFUND THE AIR CONDITIONER UNIT BUT THE REFUND WAS DENIED. DEFENDANT TWO THEN GRABBED THE SHOPPING CART WHILE DEFENDANT ONE WAS STANDING THERE AND EXITED THE STORE. DEFENDANT ONE THEN FOLLOWED DEFENDANT TWO out of the store. NEITHER DEFENDANT ONE OR TWO PAID FOR THE AIR CONDITIONER VALUED AT $219.99. LOSS PREVENTION OFFICER SMITH STOPPED THE DEFENDANTS AND ASKED THEM TO COME BACK IN TO THE STORE. the defendants then walked back in to the store AND then DEFENDANT two GRABBED A BAG OUT OF THE CART AND RAN OUT OF THE STORE. A MALE CUSTOMER THAT HAD SEEN THIS and ACTUALLY TACKLED DEFENDANT NUMBER TWO out in the mall. MALL SECURITY ARRIVED. DEFENDANT NUMBER ONE AND TWO WERE THEN BROUGHT BACK IN TO THE LOSS PREVENTION OFFICE OF KMART AWAITING THE ARRIVAL OF THE CITRUS COUNTY SHERIFF'S OFFICE. UPON MY ARRIVAL I WAS SPEAKING WITH DEFENDANT TWO, WHEN I OBSERVED DEFENDANT ONE PULL A CELLOPHANE PACKAGE OUT OF HER LEFT FRONT POCKET AND ATTEMPT TO STUFF IT IN TO HER POCKETBOOK. I ASKED HER WHAT WAS IN THE CELLOPHANE PACKAGE AND SHE STATED THAT IT WAS NOTHING. I RETRIEVED THE CELLOPHANE PACKAGE WHICH HAD FIVE SMALL GREEN ROUND PILLS IN IT WITH THE LETTER âAâ A LINE AND NUMBER 214 ON THE FRONT AND NOTHING ON THE BACK. I ASKED HER WHY SHE WAS TRYING TO CONCEAL THE PILLS AND SHE STATED THAT IT WAS HER BOYFRIENDâS/ DEFENDANT TWOâS, SEIZURE MEDICATION. IT WAS AT THIS TIME, THAT DEFENDANT TWO STARTED TO HAVE A FAKE SEIZURE AND REQUESTED THAT WE GIVE HIM HIS MEDICATION. THIS REQUEST WAS DENIED AND EMERGENCY MEDICAL SERVICES WAS CALLED AND IT WAS CONFIRMED THAT HE WAS HAVING A FAKE SEIZURE per EMs. DEFENDANT TWO also STATED THAT HE FAKED THE SEIZURE BECAUSE HE DID NOT WANT TO GO TO JAIL AND GO THROUGH WITHDRAWLS FOR HIS DRUG HABIT. DEFENDANT two did sign a medical waiver for EMS. I CONTACTED WALGREENS IN CRYSTAL RIVER AND spoke with ed the pharmacist and he CONFIRMED THE PILLs THAT DEFENDANT ONE HAD WAS NOT SEIZURE MEDICATION, BUT WAS OXYCODONE 15 MILLIGRAMs. DEFENDANT ONE STATED THAT SHE DOES NOT HAVE A PRESCRIPTION FOR SAID MEDICATION THAT IT WAS HER BOYFRIENDS. DEFENDANT TWO HAD SEVERAL IDENTIFICATIONS ON HIS PERSON. HE HAD A MICHIGAN DRIVER'S LICENSE THAT HAS BEEN SUSPENDED SINCE 2009 AND IS STILL CURRENTLY SUSPENDED. HE ALSO HAD TWO FLORIDA IDENTIFICATION CARDS WITH TWO DIFFERENT ADDRESSES. I ASKED HIM IF EITHER ADDRESS WAS CORRECT, AND HE STATED THAT HE MOVED HERE YESTERDAY AND THAT TO USE HIS TOUCAN LOOP ADDRESS, EVEN THOUGH THE IDENTIFICATION CARD WITH THAT ADDRESS WAS ISSUED IN 2009. BOTH DEFENDANTS WERE PLACED UNDER ARREST, AND BOTH CHARGED WITH DEALING IN STOLEN PROPERTY AS THEY BOTH ENTERED KMART KNOWING THAT THEY DID NOT PURCHASE AN AIR CONDITIONER AND HAD TAKEN IT OFF OF THE SALES FLOOR AND ATTEMPTED TO RETURN IT. THEY WERE ALSO BOTH CHARGED WITH RETAIL PETIT THEFT, DUE TO AFTER THEIR ATTEMPT TO RETURN THE ITEM FAILED TO WORK, THEY BOTH STOLE THE AIR CONDITIONER. DEFENDANT TWO STATED THAT IT WAS ALL HIS IDEA AND THAT HIS GIRLFRIEND, DEFENDANT ONE, SHOULD NOT GET IN TROUBLE BECAUSE SHE HAD A BABY TWO WEEKS AGO. DEFENDANT NUMBER TWO WAS CHARGED WITH RESISTING ARREST DUE TO THE FACT THAT HE FLED FROM KMART LOSS PREVENTION, AND ALSO BEING CHARGED FOR BEING IN POSSESSION OF A SUSPENDED DRIVER'S LICENSE OUT OF MICHIGAN, THERE WERE SEVERAL SUSPENSIONS SINCE 2009 FOR ALCOHOL AND DRUGS. DEFENDANT ONE WAS CHARGED WITH BEING IN POSSESSION OF THE FIVE OXYCODONES. I THEN TRANSPORTED DEFENDANT ONE AND DEPUTY DERA TRANSPORTED DEFENDANT TWO TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. DEFENDANT ONEâS BOND WAS SET AT $15,500.00, PER THE BOND SCHEDULE. DEFENDANT TWOâS BOND WAS SET AT $11,500.00, PER THE BOND SCHEDULE. THE PILLS WERE CONFISCATED AS WELL AS DEFENDANT TWOâS MICHIGAN DRIVER'S LICENSE AND TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE DIVISION. |
