| Probable cause affidavit: |
SUBMITTED BY: CULBERTSON, CHRIS 0439 (AR10118502) DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, WAL-MART SUPER CENTER, TO WIT: THREE BOTTLES OF COLOGNE, SAID PROPERTY BEING OF A VALUE OF $44.52 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). ON 122110 I RESPONDED TO WAL-MART SUPER CENTER LOCATED AT 2461 EAST GULF TO LAKE HIGHWAY IN INVERNESS IN REFERENCE TO A SHOPLIFTER IN CUSTODY. UPON ARRIVAL I MADE CONTACT WITH LOSS PREVENTION OFFICER DALE WILLIAMS. MR WILLIAMS STATED THAT HE WITNESSED A MALE SUBJECT, LATER IDENTIFIED AS YOEL CRUZ, THE DEFENDANT, SELECT THREE DIFFERENT PACKAGES OF NAUTICA COLOGNE AND PLACE THEM IN THE CHILD SEAT OF HIS SHOPPING CART. THE DEFENDANT THEN COVERED THE ITEMS with AN EMPTY WAL-MART BAG. HE THEN PROCEEDED to the FRONT CHECKOUTS AND PURCHASED SOME ITEMS HE PREVIOUSLY SELECTED. THE DEFENDANT THEN PROCEEDED TO THE GENERAL MERCHANDISE EXIT, PASSING ALL FINAL POINTS OF SALE, AT WHICH TIME MR WILLIAMS THEN PLACED THE DEFENDANT IN CUSTODY AND ESCORTED HIM BACK TO THE LOSS PREVENTION OFFICE, WHERE THE SHERIFF'S OFFICE WAS NOTIFIED. AT THIS TIME, I READ MR CRUZ HIS MIRANDA RIGHTS FROM A PRE-PRINTED CARD. HE STATED HE UNDERSTOOD HIS RIGHTS AND AGREED TO SPEAK WITH ME. HE STATED THAT HE DID NOT DISAGREE WITH MR WILLIAMS, BUT STATED that IT WAS AN ACCIDENT THAT THE BOXES OF COLOGNE WERE COVERED AND HE FORGOT ABOUT THEM AT CHECKOUT, DUE TO HIS SISTER AND MOTHER BOTH TALKING TO HIM, WHICH DISTRACTED HIM FROM HIS PURCHASES. AT THIS TIME MR CRUZ WAS PLACED UNDER ARREST, WAS HANDCUFFED AND PLACED IN THE REAR OF MY PATROL VEHICLE. MR CRUZ WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS CHARGED WITH RETAIL THEFT AND WAS RELEASED ON HIS OWN RECOGNIZANCE. "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* |
