| Probable cause affidavit: |
SUBMITTED BY: MCGILL, TOMMY 1360 (AR15-15457) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE OF THE VICTIM, WAL-MART, TO WIT: THE DEFENDANT STOLE MERCHANDISE FROM THE VICTIM, SAID PROPERTY BEING OF A VALUE OF $134.58 WITH THE INTENT OF 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 812.014(3)(B). ($1,000 BOND) DID UNLAWFULLY AND KNOWINGLY, while committing or after committing theft of property, resist the reasonable effort of a merchant OR merchantâs employee, to recover the property WHICH THE merchant OR merchantâs 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). ($1,000 BOND) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION WITH THE INTENT TO USE, OR DID UNLAWFULLY USE, AN OBJECT INTENDED OR DESIGNED FOR USE IN STORING, CONCEALING OR INJECTING, INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE HUMAN BODY, A CONTROLLED SUBSTANCE, TO WIT: A METAL MARIJUANA PIPE, IN VIOLATION OF FLORIDA STATE STATUTES 893.14(1). ($1,000 BOND) ON 062015 AT APPROXIMATELY 1206 HOURS, I WAS DISPATCHED TO WAL-MART, LOCATED AT 2461 EAST GULF TO LAKE HIGHWAY, INVERNESS, FLORIDA, 34453, IN REFERENCE TO A RETAIL THEFT. UPON MY ARRIVAL, I MADE CONTACT WITH THE LOSS PREVENTION OFFICER/COMPLAINANT, MR JOSEPH COMPOSTELLA. HE STATED THAT HE HAD OBSERVED THE DEFENDANT, MR MICHAEL MURPHY, DISPLAYING SUSPICIOUS BEHAVIOR IN THE STORE. HE CONTINUED FLOOR SURVEILLANCE AND OBSERVED MR MURPHY OPENING ELECTRONIC ITEMS AND CONCEALING THEM ON HIS PERSON. MR COMPOSTELLA STATED THAT MR MURPHY THEN EXITED THE STORE, PASSING ALL FINAL POINTS OF SALE, WITHOUT ANY ATTEMPT TO PAY FOR THE MERCHANDISE THAT HE HAD CONCEALED ON HIS PERSON. MR COMPOSTELLA STATED THAT HE STOPPED THE DEFENDANT AND IDENTIFIED HIMSELF TO MR MURPHY AND ADVISED MR MURPHY WHY HE WAS STOPPING HIM. HE THEN ESCORTED MR MURPHY TO THE "AP" OFFICE AND CALLED CITRUS COUNTY SHERIFF'S OFFICE. I ASKED MR COMPOSTELLA, IF HE HAD SURVEILLANCE VIDEO OF THE INCIDENT AND HE STATED YES. I THEN WATCHED THE VIDEO AND OBSERVED MR MURPHY STICKING UNPAID MERCHANDISE IN HIS POCKET AND EXITING WAL-MART THROUGH THE TIRE & LUBE DEPARTMENT. I ALSO OBSERVED MR COMPOSTELLA ATTEMPTING TO BRING MR MURPHY BACK INSIDE THE STORE AND THE DEFENDANT WAS SEEN NOT FOLLOWING DIRECTIONS AND ATTEMPTING TO FLEE. I MADE CONTACT WITH THE DEFENDANT, MR MICHAEL MURPHY. I ASKED HIM WHAT HAPPENED. MR MURPHY WROTE A WRITTEN STATEMENT, STATING THAT ON 062015, HE STOLE A PLAYSTATION REMOTE AND GAME AND THAT HE WAS SORRY. WHILE SPEAKING FURTHER WITH THE DEFENDANT, HE VERBALLY AND IN A WRITTEN STATEMENT, STATED THAT HE STOLE A PAIR OF BOOTS ON 061515. I ASKED THE DEFENDANT IF THE BOOTS HE WAS CURRENTLY WEARING, WERE THE BOOTS HE STOLE AND HE STATED YES. AT THAT TIME, MR MURPHY STOOD UP, PUT HIS HANDS IN HIS POCKETS AND STATED "YOU GUYS ARE GONNA FIND IT ANYWAYS, SO I'M GONNA TAKE IT OUT OF MY POCKET NOW." MR MURPHY THEN HANDED ME A METAL PIPE, WHICH FROM MY TRAINING AND EXPERIENCE I IDENTIFIED IT AS A METAL PIPE USED TO SMOKE MARIJUANA. MR MURPHY THEN HANDED ME A SMALL PACKAGE. I ASKED HIM WHAT IT WAS THAT HE HAD HANDED ME AND HE STATED IT WAS "K2." I ASKED HIM WHAT "K2" WAS AND HE STATED THAT IT WAS SYNTHETIC MARIJUANA. I WENT BACK TO MR COMPOSTELLA AND ASKED HIM TO BURN A COPY OF THE SURVEILLANCE VIDEO FOR EVIDENCE, WHICH HE DID. I TOOK MY AGENCY ISSUED DIGITAL CAMERA AND TOOK PHOTOGRAPHS OF THE DEFENDANT'S BOOTS, THE PLAYSTATION III VIDEO GAME AND THE PLAYSTATION II REMOTE CONTROL, FOR EVIDENCE. I PLACED THE DEFENDANT, MR MICHAEL MURPHY UNDER ARREST. HIS HANDS WERE PLACED BEHIND HIS BACK, HE WAS HANDCUFFED (DOUBLE LOCKED), ESCORTED TO MY PATROL VEHICLE AND I PLACED A SAFETY BELT ON HIM. WHILE EN ROUTE TO THE CITRUS COUNTY DETENTION FACILITY, I ASKED MR MURPHY IF THIS WAS HIS FIRST TIME BEING ARRESTED FOR RETAIL THEFT. HE STATED NO THAT HE HAD BEEN PREVIOUSLY CONVICTED. I ASKED MR MURPHY WHY HE HAD STOLEN THE MERCHANDISE FROM WAL-MART AND HE STATED "I WAS JUST TRYING TO FEED MY KIDS." WHILE AT THE CITRUS COUNTY DETENTION FACILITY, I ASKED THE DUTY OFFICER TO ASSIST ME WITH RETRIEVING A CRIMINAL HISTORY BACKGROUND CHECK ON MR MURPHY. IT CONFIRMED THAT HE WAS CONVICTED OF LARCENY PETIT THEFT FIRST OFFENSE. I MADE A COPY TO ATTACH TO HIS AFFIDAVIT. A COPY WILL ALSO BE TURNED OVER TO CITRUS COUNTY SHERIFF'S OFFICE RECORDS. I FIELD TESTED THE RESIDUE ON THE METAL PIPE, WHICH FIELD TESTED NEGATIVE FOR MARIJUANA. THE SURVEILLANCE VIDEO AND DRUG PARAPHERNALIA, WERE ALSO TURNED OVER TO CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $3,000.00, PER THE BOND SCHEDULE. |
