| Probable cause affidavit: |
SUBMITTED BY: RICHEY, JONATHAN 0678 (AR 15-13352) (15-645) DID UNLAWFULLY COMMIT A PETIT THEFT AND WHO HAD PREVIOUSLY BEEN CONVICTED of any theft, IS IN VIOLATION OF FLORIDA STATE STATUTE 812.014(3)(B). ON 010215 AT APPROXIMATELY 1545 HOURS, I DID NOTICE THAT A CALL WAS COMING IN AT THE CRYSTAL RIVER MALL, SF MUSIC, IN REFERENCE TO A STOLEN GUITAR THAT HAD OCCURRED APPROXIMATELY 45 MINUTES EARLIER. I BEGAN DRIVING TOWARDS THE SCENE, WHEN I NOTICED A GENTLEMAN, LATER IDENTIFIED AS THE DEFENDANT, MR BERLAND B LAPLACE, ON NW 1ST AVENUE, JUST OFF OF HIGHWAY 19, HOLDING A BRAND NEW IN CONDITION GUITAR, ALONG WITH A NEW IN CONDITION MECHANIC'S TOOL SET. I MADE CONTACT WITH THE DEFENDANT AND ADVISED DISPATCH TO TRY AND GET A BETTER DESCRIPTION OF THE STOLEN GUITAR. I WAS ABLE TO DETERMINE THROUGH DISPATCH THAT THE GUITAR WAS A LUNA ELECTRIC GUITAR, WOOD IN COLOR; WHICH MATCHED THE DESCRIPTION OF THE ONE HELD BY THE DEFENDANT. AT THAT TIME, I READ THE DEFENDANT HIS MIRANDA RIGHTS VIA PREPRINTED CARD AND HE ADVISED HE UNDERSTOOD THEM AND WISHED TO SPEAK WITH ME. I ASKED HIM WHERE HE RECEIVED THE GUITAR, WHICH HE ADVISED HE DID TAKE IT FROM THE MUSIC STORE IN THE MALL AND WAS ON HIS WAY TO PAWN IT FOR SOME "FAST" CASH. HE WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK. A SEARCH OF HIS PERSON REVEALED A CRAFTSMAN BOX CUTTER, IN NEW CONDITION, ALONG WITH A SPORT SWATCH IN NEW CONDITION. HE WAS PLACED IN MY PATROL VEHICLE, WHILE I WAS WAITING FOR THE OWNER OF THE GUITAR TO RESPOND TO THE SCENE. MS MELANIE ARCADIPANE RESPONDED TO THE SCENE AND IDENTIFIED THE GUITAR AS BEING THE MUSIC STORE'S. SHE ADVISED THE GUITAR WAS WORTH APPROXIMATELY $200.00 AND THAT THEY WOULD LIKE TO PROSECUTE. IT SHOULD BE NOTED THAT THE SERIAL NUMBER ON THE GUITAR WAS SG14050009. A PROPERTY RECEIPT WAS THEN COMPLETED AND SIGNED BY MS ARCADIPANE AND THE GUITAR WAS RELEASED TO HER. I HAD HER DO A "SHOW UP," WHERE SHE IDENTIFIED THE DEFENDANT AS BEING THE LAST PERSON IN THE STORE TO HOLD THE GUITAR. THE DEFENDANT HAD ADVISED HER THAT HE WAS GOING TO HAVE TO THINK ABOUT PURCHASING IT. SHE STATED THAT SHE DID NOT KNOW THE GUITAR WAS MISSING UNTIL APPROXIMATELY 45 MINUTES AFTER THE DEFENDANT HAD EXITED THE STORE WITH IT. SHE COMPLETED A SWORN WRITTEN STATEMENT, WHICH WILL LATER BE TURNED OVER TO CITRUS COUNTY SHERIFF'S OFFICE RECORDS. I ASKED HER IF HE HAD BEEN CARRYING A TOOL SET WHEN HE ENTERED HER STORE, TO WHICH SHE STATED NO. I CONFRONTED THE DEFENDANT WITH THIS INFORMATION, TO WHICH HE STATED, YOU ARE RIGHT; HOWEVER, HE WOULD NOT ADVISE ME WHERE HE HAD OBTAINED THE TOOL SET. DEPUTY STOKES (0736) RESPONDED TO THE SCENE AND PHOTOGRAPHED ALL THE PROPERTY, WHICH WILL BE TURNED OVER TO CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE, UNTIL VERIFICATION OF OWNERSHIP (FURTHER INVESTIGATION TO FOLLOW). AT THAT TIME, THE DEFENDANT WAS ADVISED HE WAS UNDER ARREST FOR RETAIL PETIT THEFT OF THE GUITAR. HE WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, WHERE HE WAS CHARGED WITH ONE COUNT RETAIL PETIT THEFT-SECOND OFFENSE. DUE TO HIS PRIOR CRIMINAL HISTORY, BOND WAS SET AT $1,000.00, PER THE BOND SCHEDULE. AFTER COMPLETING THIS ARREST, I CONTACTED ASSET PROTECTION OFFICER, MR DUANE SMITH, AT THE KMART IN CRYSTAL RIVER. I ADVISED HIM OF the PROPERTY THAT WAS RECOVERED AS WELL ITS DESCRIPTION, ADVISING THESE ITEMS MAY BELONG TO KMART. I ALSO ADVISED HIM OF the DEFENDANTâS DESCRIPTION. MR SMITH REPLIED BACK TO THIS DEPUTY WITHIN A COUPLE OF HOURS AND ADVISED HE WAS ABLE TO LOCATE THE DEFENDANT ON CLOSED circuit TELEVISION ENTERING THE STORE AT 1417 HOURS THROUGH THE FRONT DOOR WITH NOTHING IN HIS POSSESSION. AT 1434, THE DEFENDANT IS SEEN EXITING THE STORE WITH THE TOOLKIT IN HIS POSSESSION. MR SMITH ADVISED HE CHECKED SALES RECORDS AND FOUND THERE WERE NO TOOL KITS SOLD AT THIS STORE, ON THIS DATE, AT THE TIME THE DEFENDANT WAS IN THE STORE. MR SMITH ADVISED HE CONDUCTED A PHYSICAL SEARCH OF THE TOOL DEPARTMENT AND FOUND THE PACKAGING FOR THE UTILITY KNIFE AS WELL AS THE SECURITY STRAP FOR THE TOOL KIT AND PACKAGING. HE ADVISED the TOOL KIT WAS VALUED AT $99.99 AND THE UTILITY KNIFE WAS VALUED AT $5.99. MR SMITH COULD NOT MAKE A CONNECTION BETWEEN the WATCH THAT WAS LOCATED ON the DEFENDANT AND HIS STORE. MR SMITH PROVIDED AN E-MAIL STATEMENT AND ADVISED they WOULD LIKE TO PURSUE CHARGES AGAINST HE DEFENDANT. HE WAS ASKED TO OBTAIN A COPY OF THE IN-STORE VIDEO AND ADVISED DEPUTY STOKES WOULD BE RETURNING THE RECOVERED PROPERTY IN THE MORNING. I RESPONDED TO CITRUS COUNTY DETENTION FACILITY AND INTERVIEWED the DEFENDANT AGAIN. DURING THE PREVIOUS INTERVIEW, A PAWN SLIP FROM AMERICAN TRADING POST WAS LOCATED WITH A PAWNED BATTERY CHARGER. DURING THE FIRST INTERVIEW, HE DID ADVISE THE BATTERY CHARGER DID BELONG TO HIM. UPON RE-INTERVIEWING THE DEFENDANT AND ADVISING HIM OF THE INFORMATION I RECEIVED FROM KMART, THE DEFENDANT ADMITTED HE DID TAKE THOSE ITEMS FROM KMART. HE ADVISED HE DID TAKE THE BATTERY CHARGER FROM WEST MARINE AT APPROXIMATELY 1000 HOURS ON THIS DATE. HE STATED HE PROCEEDED TO THE BATHROOM OF THE BUSINESS WITH THE CHARGER AND REMOVED IT FROM THE BOX AND WALKED OUT WITH IT. HE THEN WENT TO AMERICAN TRADING POST PAWN SHOP AND PAWNED IT FOR $10.00. I ATTEMPTED TO MAKE CONTACT WITH WEST MARINE; HOWEVER, THEY WERE CLOSED AT THIS TIME (FURTHER INVESTIGATION TO FOLLOW). AT THAT TIME, THE DEFENDANT WAS ADVISED HE WAS UNDER ARREST FOR RETAIL PETIT THEFT. HE WAS RELEASED TO THE CITRUS COUNTY DETENTION FACILITY, WHERE HE WAS CHARGED WITH ONE COUNT RETAIL PETIT THEFT-SECOND OFFENSE. DUE TO HIS PRIOR CRIMINAL HISTORY, BOND WAS SET AT $1,000.00, PER THE BOND SCHEDULE. |
