| Probable cause affidavit: |
SUBMITTED BY: LABORDA, MICHAEL 0735 (13-170549) (AR13-8316) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WALMART, TO WIT: MISCELLANEOUS MERCHANDISE VALUED AT $66.77, 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, 812.014(1), AND 812.014(3)(A). ON 121213 AT APPROXIMATELY 1216 HOURS, I RESPONDED TO THE WALMART IN INVERNESS LOCATED AT 2461 EAST GULF TO LAKE HIGHWAY, INVERNESS, IN REFERENCE TO A SHOPLIFTER IN CUSTODY. UPON ARRIVAL, I MADE CONTACT WITH THE COMPLAINANT/LOSS PREVENTION OFFICER, MR JOSEPH COMPOSTELLA, WHO ADVISED THAT HE HAD OBSERVED A MALE SUBJECT, LATER IDENTIFIED AS THE DEFENDANT, MR JOSHUA VANTASSELL, ACTING SUSPICIOUS INSIDE THE STORE. THE COMPLAINANT SAID THAT HE FOLLOWED THE DEFENDANT THROUGHOUT THE STORE, CONDUCTING FLOOR SURVEILLANCE, WHERE HE OBSERVED HIM SELECT SEVERAL ITEMS FROM THE HOME BEAUTY AIDS SECTION AND CONCEAL THEM IN A PLASTIC WALMART BAG. THE COMPLAINANT SAID HE THEN FOLLOWED THE DEFENDANT TO THE FRONT OF THE STORE WHERE HE OBSERVED HIM ENTER A SELF-CHECK OUT LINE AND ATTEMPT TO DE-ACTIVATE THE SECURITY DEVICES BY PASSING THE ITEMS OVER THE CHECKOUT SCANNER. THE COMPLAINANT SAID THE DEFENDANT THEN EXITED THE STORE, PASSING ALL FINAL POINTS OF SALE. THE COMPLAINANT STOPPED THE DEFENDANT AT THE DOOR, IDENTIFIED HIMSELF AND ESCORTED THE DEFENDANT TO THE LOSS PREVENTION OFFICE TO AWAIT MY ARRIVAL. THE COMPLAINANT PROVIDED ME WITH A SWORN WRITTEN STATEMENT, COMPACT DISK COPY OF THE SURVEILLANCE FOOTAGE AND A RECEIPT LISTING THE ITEMS THE DEFENDANT ATTEMPTED TO STEAL. THE RECEIPT SHOWED FIVE ITEMS INCLUDING A BEARD TRIMMER, ALKA-SELTZER AND THREE BOTTLES OF PERFUME FOR A TOTAL VALUE OF $66.77. THE WRITTEN STATEMENT AND RECEIPT WILL BE TURNED IN TO RECORDS AND THE COMPACT DISK WILL BE TURNED IN TO EVIDENCE. I MADE CONTACT WITH THE DEFENDANT AND 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. I ASKED THE DEFENDANT TO EXPLAIN WHAT HAD OCCURRED, TO WHICH HE ADVISED HE WAS LOW ON MONEY AND HE ATTEMPTED TO STEAL THE ITEMS TO USE A CHRISTMAS GIFTS FOR HIS GIRLFRIEND. THE DEFENDANT SAID HE HAD PURCHASED TWO OF HIS PRESCRIPTIONS FROM THE WALMART PHARMACY AND THAT HE PLACED THE PRESCRIPTIONS IN A PLASTIC WALMART BAG. HE ADVISED HE USED THE SAME BAG TO TRY TO CONCEAL THE MERCHANDISE AND ATTEMPTED TO DE-ACTIVATE ANY SECURITY DEVICES PRIOR TO LEAVING THE STORE. THE DEFENDANT HAD IN HIS POSSESSION $91.00 IN CASH AND WHEN ASKED WHY HE DID NOT PAY FOR THE ITEMS, HE SAID HE HAD MORE PRESCRIPTIONS TO BUY AND NEEDED THE MONEY FOR THAT. 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. |