| Probable cause affidavit: |
SUBMITTED BY: \tHESSE, NICHOLAS 0689 (AR14-12245) (14-136242) \t\t\tBARR, JOSHUA 1338 DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WAL-MART, TO WIT: OUTDOOR SOLAR LIGHT AND THE CONTENTS OF A HAIR DYE KIT, BY 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); AND 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). ON 100314 AT APPROXIMATELY 2101 HOURS, I WAS DISPATCHED TO 1936 NORTH LECANTO HIGHWAY IN LECANTO (WAL-MART) IN REFERENCE TO A RETAIL THEFT. UPON MY ARRIVAL AT APPROXIMATELY 2109 HOURS, I MADE CONTACT with WAL-MART'S LOSS PREVENTION OFFICER, MR BRIAN ELAM. MR ELAM ADVISED ME THAT HE HAD MR NICHOLAS HAROS IN CUSTODY AFTER CATCHING MR HAROS ATTEMPTING TO LEAVE THE ESTABLISHMENT WITH UNPAID FOR MERCHANDISE. I READ MR HAROS HIS MIRANDA RIGHTS FROM MY AGENCY ISSUED MIRANDA CARD, AFTER WHICH MR HAROS STATED HE UNDERSTOOD HIS RIGHTS AND AGREED TO ANSWER QUESTIONS. DURING QUESTIONING, MR HAROS STATED HE HAD "DONE SOMETHING DUMB". MR HAROS ADMITTED TO the THEFT OF ONE SOLAR POWERED LAWN LIGHT AND THE CONTENTS OF HAIR DYE KIT. MR HAROS HAD REMOVED THE CONTENTS OF THE HAIR DYE KIT FROM ITS PACKAGED BOX ON the SHELF AND CONCEALED IT ON HIS PERSON, ALONG WITH the SOLAR POWERED LIGHT. WITH THE MERCHANDISE CONCEALED ON HIS PERSON, MR HAROS MOVED PAST ALL POINTS OF SALE AND ATTEMPTED TO LEAVE THE ESTABLISHMENT WHERE HE WAS THEN CONFRONTED BY LOSS PREVENTION OFFICER BRIAN ELAM. LOSS PREVENTION OFFICER ELAM ADVISED WHEN HE CONFRONTED MR HAROS, HE IDENTIFIED HIMSELF AS A LOSS PREVENTION OFFICER FOR WAL-MART AND CLEARLY DISPLAYED HIS IDENTIFICATION FOR MR HAROS TO SEE. MR ELAM ADVISED ME THAT MR HAROS WAS NOT COMPLIANT WITH HIS DIRECTIONS AND BECAME PHYSICAL DURING THEIR CONTACT. I VIEWED A PORTION OF THE SURVEILLANCE VIDEO AND OBSERVED MR HAROS ATTEMPTING TO EXIT THE STORE BEFORE BEING CONFRONTED BY MR ELAM. IN the VIDEO MR ELAM CLEARLY HOLDS HIS IDENTIFICATION UP AND DISPLAYS IT FOR MR HAROS. MR ELAM AND MR HAROS CAN BE SEEN CONVERSING FOR APPROXIMATELY 30 TO 45 SECONDS BEFORE MR HAROS BEGINS TO PHYSICALLY RESIST MR ELAM AND ATTEMPTS FLEE. AFTER CONCLUDING MY INVESTIGATION, MR HAROS WAS PLACED UNDER ARREST FOR ONE COUNT OF RETAIL THEFT, WHERE BOND WAS SET AT $500.00 AND ONE COUNT OF RESISTING A MERCHANT, WHERE BOND WAS SET AT $1,000.00. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) AND TRANSPORTED TO the CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. |
