| Probable cause affidavit: |
SUBMITTED BY: WEST, ROY 0421 (AR10116277) A PERSON WHO AGREES, CONSPIRES COMBINES OR CONFEDERATES WITH ANOTHER PERSON OR PERSONS TO COMMIT ANY OFFENSE COMMITS THE OFFENSE OF CRIMINAL CONSPIRACY, IN VIOLATION OF FLORIDA STATE STATUTE 777.04(3). DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, SWEETBAY GROCERY STORE, TO WIT: A BUITONI SHRIMP AND LOBSTER RAVIOLI, SAID PROPERTY BEING OF A VALUE OF $8.59, 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 AND KNOWINGLY, while committing or after committing theft of property, resist the reasonable effort of a merchant OR merchant's employee, to recover the property WHICH THE merchant OR merchant's employee had probable cause to believe the individual had concealed or removed from its place of display or elsewhere, IN VIOLATION OF FLORIDA STATE STATUTE 812.015(6). DID UNLAWFULLY COMMIT BATTERY UPON THE VICTIM BY ACTUALLY AND INTENTIONALLY TOUCHING OR STRIKING SAID PERSON AGAINST SAID PERSON'S WILL, OR BY INTENTIONALLY CAUSING BODILY HARM, TO WIT: PUSHED THE MANAGER IN THE CHEST, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). WHILE IN THE PARKING LOT OF THE SWEETBAY SHOPPING CENTER WORKING A CRASH, I WAS APPROACHED BY AN EMPLOYEE OF THE SWEETBAY GROCERY STORE ADVISING THAT THEY HAD SHOPLIFTERS IN THE STORE. I NOTIFIED DISPATCH AND ENTERED INTO THE BUILDING, AT which TIME, I DID OBSERVE THE MALE DEFENDANT, MR JOSEPH WHITTINGTON, RUNNING TOWARD ME AND THE EXIT WHILE BEING CHASED BY THE MANAGER, WHO IS THE COMPLAINANT. UPON APPROACH OF ME AND THE MANAGER YELLING "THAT IS HIM", I ADVISED THE DEFENDANT TO STOP WHICH HE DID AND PLACED HIS HANDS IN THE AIR. THE MANAGER ADVISED THAT HE OBSERVED THE MALE SUBJECT AND THE FEMALE SUBJECT IN THE FROZEN FOOD AISLE THROUGH THE VIDEO WHILE THEY WERE OPENING PACKAGES UP AND PUTTING THEM IN THEIR CLOTHING. THE MALE ALSO WENT TO THE RESTROOM WITH SOME OF THE ITEMS, AT WHICH POINT, HE WAS APPROACHED BY THE MANAGER. UPON BEING CONFRONTED, THE MALE DEFENDANT STARTED PUSHING THE MANAGER AND TOOK OFF RUNNING, AT WHICH POINT I MADE CONTACT WITH HIM AT THE EXIT AT THE FRONT OF THE STORE. THE MANAGER ALSO ADVISED THE FEMALE DEFENDANT WHO WAS ASSISTING IN RIPPING OPEN THE BOXES OF FOOD WAS IN CUSTODY IN THE MANAGER'S OFFICE. I RECEIVED A VIDEO FROM THE MANAGER WITH THE INCIDENT. I ALSO OBTAINED PHOTOGRAPHS OF THE OPEN PACKAGE. I HANDCUFFED BOTH DEFENDANTS BEHIND THEIR BACK (DOUBLE LOCKING) AND UPON SEARCHING THE MALE DEFENDANT, I DID LOCATE IN HIS RIGHT REAR CARGO POCKET A FROZEN PACKAGE OF SAUCE THAT WENT WITH THE SHRIMP AND LOBSTER RAVIOLI. I ISSUED THE COMPLAINANT AN AGENCY CASE CARD PLACING THE DEFENDANTS UNDER ARREST. I TRANSPORTED THE DEFENDANTS TO THE CITRUS COUNTY DETENTION FACILITY FOR PROCESSING. THE MALE DEFENDANT'S BOND WAS SET AT $1,750 AND THE FEMALE DEFENDANT'S BOND WAS SET AT $1,250. IT SHOULD BE NOTED THAT THE MANAGEMENT DID REQUEST THAT ED'S TOWING COME AND REMOVE THE VEHICLE SINCE THE OWNER WAS NOT ABLE TO BE CONTACTED. BOTH DEFENDANTS WERE TRESPASSED FROM THE SWEETBAY GROCERY STORE WHICH WAS PLACED INTO RECORD BY THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) TELETYPE OPERATOR. *NOT-EXEMPT* |
