| Probable cause affidavit: |
SUBMITTED BY: CLARK, CORRY 0711 (13-33436) (AR13-4826) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WALMART, TO WIT: EVERSTART VEHICLE BATTERY, 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. ON 031213, AT APPROXIMATELY 2043 HOURS, I RESPONDED TO THE INVERNESS WALMART AT 2461 EAST GULF TO LAKE HIGHWAY, IN REFERENCE TO A SHOPLIFTER IN CUSTODY. UPON ARRIVAL, I MADE CONTACT WITH LOSS PREVENTION OFFICER/COMPLAINANT/WITNESS, MR JOSEPH COMPOSTELLA, IN THE LOSS PREVENTION OFFICE, WHO ADVISED THAT AT APPROXIMATELY 2000 HOURS, WHILE CONDUCTING FLOOR SURVEILLANCE, HE OBSERVED THE DEFENDANT, MR WILLIAM HATFIELD, WALKING THROUGH THE STORE. HE ADVISED THAT HE IMMEDIATELY RECOGNIZED THE DEFENDANT DUE TO HIM HAVING STOLEN FROM WALMART APPROXIMATELY THREE TIMES WITHIN THE LAST MONTH. DURING THOSE THREE THEFTS, THE DEFENDANT HAD STOLEN SMALL ITEMS SUCH AS A 2-LITRE SODA, ENERGY DRINKS AND BEER. HE ADVISED THAT THE DEFENDANT WAS NOT APPREHENDED DURING ANY OF THOSE THEFTS. MR COMPOSTELLA FURTHER ADVISED THAT HE WAS 100% SURE HE IDENTIFIED MR HATFIELD AS BEING THE SAME SUBJECT FROM THE PRIOR THEFTS. HE FURTHER STATED THAT THIS EVENING, HE OBSERVED THE DEFENDANT WALK THROUGH THE STORE, HEADING TOWARDS THE BACK, NEAR THE AUTO DEPARTMENT. HE ADVISED THAT DURING THE TIME, HE WAS FOLLOWING THE DEFENDANT; HE WAS ALSO ON THE TELEPHONE WITH MR LARRY REDDING, WHO WAS IN THE LOSS PREVENTION OFFICE. MR REDDING WAS MAINTAINING VISUAL CONTACT VIA CAMERAS AND STORE SURVEILLANCE WHILE MR COMPOSTELLA WAS FOLLOWING ON FOOT. BOTH SUBJECTS ADVISED THAT THEY OBSERVED THE DEFENDANT GO BY THE RACK WHERE THE CAR BATTERIES ARE LOCATED. THE DEFENDANT WALKED AWAY FROM THE AREA CARRYING A CAR BATTERY PLACING IT INTO A SHOPPING CART. THE DEFENDANT THEN PROCEEDED TOWARDS THE GENERAL MERCHANDISE FRONT DOORS, ATTEMPTING TO EXIT THE STORE WITHOUT PAYING FOR THE ITEM. MR COMPOSTELLA APPREHENDED THE DEFENDANT AND PLACED HIM IN THE LOSS PREVENTION OFFICE UNTIL MY ARRIVAL. I SPOKE WITH MR REDDING AND MR COURTNEY HENRY (WHO ALSO WORKS FOR LOSS PREVENTION), WHO ADVISED THEY WERE BOTH LOCATED IN THE LOSS PREVENTION OFFICE AND OBSERVED THE ENTIRE INCIDENT ON VIDEO. BOTH SUBJECTS ALSO ADVISED THAT THEY 100% RECOGNIZED THE DEFENDANT AS A SUBJECT THAT HAS STOLEN IN THE PAST. I WAS SHOWN THE VIDEO WHERE I OBSERVED THE DEFENDANT WALK INTO THE STORE, GO TO THE AUTO DEPARTMENT, AND APPROACH THE RACK WHICH CONTAINS THE VEHICLE BATTERIES. FROM THE VIDEO, THE DEFENDANT DISAPPEARS FOR A FEW SECONDS. WHEN HE REAPPEARED, HE WAS WALKING AWAY FROM THE RACK CARRYING THE VEHICLE BATTERY IN HIS LEFT HAND. I OBSERVED THE DEFENDANT PLACE THE BATTERY IN A SHOPPING CART, PASSING ALL POINTS OF SALE ATTEMPT TO EXIT THE STORE. I CONTACTED MR COMPOSTELLA WHO ADVISED THAT THEY DID WANT TO PURSUE CHARGES. I MADE CONTACT WITH THE DEFENDANT, MR WILLIAM HATFIELD. I READ THE DEFENDANT HIS MIRANDA WARNING VIA AGENCY PREPRINTED CARD. THE DEFENDANT ADVISED THAT HE UNDERSTOOD HIS RIGHTS AND STATED THAT HE WOULD SPEAK WITH ME AT THIS TIME. HE ADVISED THAT HE WAS AT WALMART AND DID NOT KNOW WHICH EXACT BATTERY TO GET FOR HIS VEHICLE. HE STATED THAT HE PROCEEDED TO THE BATTERY SECTION AND GRABBED A BATTERY, ADMITTED PLACING IT IN A CART AND PASSING ALL POINTS OF SALE WITHOUT PAYING FOR IT. I ASKED THE DEFENDANT IF HE HAD ASKED ANY EMPLOYEES WITH WALMART IF HE WAS ALLOWED TO REMOVE THE BATTERY FROM INSIDE THE STORE, TO WHICH HE STATED THAT HE DID NOT. I ASKED IF HE THOUGHT IT WAS OKAY TO REMOVE THE BATTERY FROM THE STORE WITHOUT PAYING OR ASKING PERMISSION, TO WHICH HE STATED NO AND THAT HE HAD A LAPSE OF JUDGMENT. WHILE IN THE ROOM WITH MR COMPOSTELLA AND THE DEFENDANT, MR COMPOSTELLA WAS ADVISING ME OF THE ITEMS OF PAST THEFTS, WHICH HE THEN STATED INCLUDED A 2-LITRE SODA, ENERGY DRINKS AND BEER. THE DEFENDANT THEN INTERVENED AND STATED THAT HE DID NOT STEAL THE BEER AS HE DOES NOT DRINK ANY MORE. I ASKED THE DEFENDANT IF HE ADMITTED TAKING THE OTHER ITEMS MENTIONS, TO WHICH HE STATED NO. HE ADVISED HE DOES RECALL THE TIME HE WAS ACCUSED OF STEALING THE ENERGY DRINKS. HE STATED HE HAD PURCHASED ITEMS THAT HAD BEEN BAGGED, EXITED THE STORE AND THEN GRABBED TWO ENERGY DRINKS AND PLACED THEM IN THE BAG WITH HIS PREVIOUSLY PURCHASED ITEMS. HE THEN PROCEEDED TO THE CASHIER AND PAID FOR THOSE ITEMS. HOWEVER, MR COMPOSTELLA STATED THAT MR HATFIELD DID IN FACT EXIT THE STORE WITHOUT PAYING FOR THOSE ITEMS. DUE TO ALL THE LOSS PREVENTION OFFICERS ON SCENE AND STATING THAT THEY WERE 100% SURE THIS WAS THE PERSON WHO HAD TAKEN ITEMS FROM THE STORE, OBSERVING THE VIDEO AND THE DEFENDANTâS STATEMENT, THE DEFENDANT WAS PLACED UNDER ARREST FOR RETAIL PETIT THEFT. THE ITEM STOLEN WAS AN EVERSTART MAXX VEHICLE BATTERY VALUED AT $99.87. I PROVIDED A PROPERTY RECEIPT FOR THE BATTERY WHICH WAS RETURNED TO THE STORE, AND THE VIDEO PROVIDED TO ME, TO MR COMPOSTELLA. I PROVIDED MR COMPOSTELLA WITH AN AGENCY ISSUED CASE CARD BEARING THIS CASE NUMBER AND MY IDENTIFICATION AND ADVISED MR COMPOSTELLA TO CONTACT THIS AGENCY WITH ANY ADDITIONAL INFORMATION OR QUESTIONS REGARDING THIS CASE. I COLLECTED ALL WRITTEN STATEMENTS FROM THE WITNESSES (MR COMPOSTELLA, MR REDDING, AND MR HENRY) WHICH WILL BE TURNED IN TO RECORDS. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, BEHIND HIS BACK, (DOUBLE LOCKED), SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT $250.00, PER THE BOND SCHEDULE. NO FURTHER ACTION BY THIS DEPUTY. |
