| Probable cause affidavit: |
SUBMITTED BY: SETTLES, KATHERINE 0113 (AR14-10219) (CASE14-62286) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WAL-MART, TO WIT: A GAS GRILL, BY CARRYING AWAY THE SAID MERCHANDISE, IN A GROCERY CART, WITH THE 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, 812.014(1), AND 812.014(3)(A). ON 050614, WHILE AT WAL-MART ON AN UNRELATED INCIDENT, I WAS APPROACHED BY MS LEON, OF WAL-MARTâS RISK MANAGEMENT, WHO ADVISED THERE WAS A SUBJECT IN HER STORE WHO SHE BELIEVED HAD PREVIOUSLY SHOPLIFTED. I MADE CONTACT WITH A WHITE MALE, LATER IDENTIFIED AS MR FOSTER, AND A FEMALE WHO WAS IN HIS COMPANY, ONCE THEY HAD LEFT THE STORE AND WERE IN THEIR VEHICLE IN THE PARKING LOT. WHEN I APPROACHED MR FOSTER, WHO WAS IN THE DRIVERâS SEAT, I ASKED HIM FOR IDENTIFICATION, TO WHICH HE PROVIDED HIS DRIVERâS LICENSE. MS LEON HAD PROVIDED ME WITH A PHOTOGRAPH OF THE SUBJECT WHO HAD TAKEN AN ULTIMA BLENDER FROM THE STORE ON 050114 BETWEEN 0858 HOURS, AND 0915 HOURS. I TOOK THE PRINTOUT OF THE PHOTOGRAPH AND SHOWED IT TO MR FOSTER AND ASKED IF HE KNEW WHO THAT WAS. WHEN I SHOWED HIM THE PHOTO HE SAID, WELL, THATâS ME. I INQUIRED IF MR FOSTER WAS POSITIVE THAT WAS HIM IN THE PICTURE, AND HE SAID, YES. I ASKED HIM IF HE WOULD STEP BACK INSIDE THE STORE TO SPEAK FURTHER ABOUT THE PHOTOGRAPH. IT WAS DETERMINED THAT MR FOSTER ENTERED WAL-MART ON 050114, OBTAINED A ULTIMA BLENDER, WALKED OUT OF THE STORE, PAST ALL POINTS OF RETURN MAKING NO ATTEMPT TO PAY FOR THE ITEM, AND TOOK THE ITEM HOME. MR FOSTER ADVISED HE HAD NEVER BEEN ARRESTED FOR SHOPLIFTING BEFORE. HE WAS ISSUED NOTICE TO APPEAR CITATION NUMBER 17194, FOR SHOPLIFTING THE ULTIMA BLENDER. WHILE MS LEON WAS REVIEWING THE FOOTAGE OF THE CAMERA SHE OBSERVED MR FOSTER BEING IN HER STORE ON THIS DATE (050614) AT APPROXIMATELY 0700 HOURS. AT THAT TIME SHE ASKED MR FOSTER IF HE HAD STOLEN ANYTHING FROM THIS STORE TODAY, AND HE SAID, NO. THEN MR FOSTER CORRECTED HIMSELF AND STATED, YES, HE STOLE A GAS GRILL THIS MORNING AROUND 0700 HOURS. AS MS LEON WAS TRESPASSING MR FOSTER FROM THE STORE, MR FOSTER ADVISED HE WOULD HAVE THE GAS GRILL AND ULTIMA BLENDER RETURNED TO THE STORE WITH HIS SINCERE APOLOGIES. MR FOSTER, WHO HAD BEEN COOPERATIVE THROUGHOUT THE INCIDENT, AND ALSO INFORMED THIS OFFICER OF HIS MENTAL DISABILITIES, WHICH ARE OF AN EXTREME NATURE. MR FOSTER WAS ARRESTED, HANDCUFFED IN FRONT, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WITHOUT INCIDENT. THE DECISION WAS MADE, AFTER HE WAS PROCESSED AT THE DETENTION FACILITY, TO RELEASE HIM ON HIS OWN RECOGNIZANCE (ROR). |
