| Probable cause affidavit: |
SUBMITTED BY: NORTON, NICK 0758 (AR13-4710) DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, THE KANGAROO EXPRESS, TO WIT: ONE 16 OUNCE CAN OF BUSCH LITE BEER, SAID PROPERTY BEING OF A VALUE OF $3.29, 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). ON 022513 AT APPROXIMATELY 2000 HOURS, DEPUTY RICHEY (0678) WAS APPROACHED BY MR ANTHONY LAMONT SCHUBERT/WITNESS, WHO ADVISED THAT HE HAD JUST BEEN AT THE KANGAROO GAS STATION LOCATED AT THE INTERSECTION OF LONGFELLOW AND HIGHWAY 19, WITH MR ZACHARY SCOTT WHEELER/SUSPECT. HE ADVISED THAT THE SUSPECT HAD ENTERED THE STORE TO PURCHASE SOME BEER. THE WITNESS ADVISED THAT THE SUSPECT THEN COME BACK OUT WITH THE BEER, AND THE STORE CLERK WAS CHASING HIM. THE WITNESS ADVISED THAT THE SUSPECT THEN THREW THE BEER TO HIM, WITNESS SCHUBERT, AT WHICH TIME WITNESS SCHUBERT ASKED THE SUSPECT IF HE HAD STOLEN IT. AT THAT TIME, THE SUSPECT REPLIED THAT HE HAD. WITNESS SCHUBERT ADVISED THAT HE ATTEMPTED TO HAND THE CAN OF BEER TO THE STORE CLERK OUT OF THE CAR WINDOW, HOWEVER, THE SUSPECT DROVE AWAY TOO FAST FOR HIM TO HAND IT OFF. THE WITNESS ADVISED THAT THE SUSPECT THEN DROVE DOWN LONGFELLOW STREET, AT WHICH TIME THE WITNESS JUMPED OUT OF THE VEHICLE AND HITCHHIKED TO MY CURRENT LOCATION. DEPUTY RICHEY (0678) HAD NOT SEEN A CALL FOR SERVICE FROM THE KANGAROO GAS STATION, AND REQUESTED THAT DETECTIVE LAMBERT (0480) RESPOND TO THE STORE AND MAKE CONTACT WITH THE STORE CLERK, MR ATULKUMAR RANCHHODBHAI RADADIA. THE STORE CLERK THEN ADVISED THAT AT APPROXIMATELY 1830 HOURS, A WHITE MALE SUBJECT ENTERED THE STORE AND PICKED OUT A FOUR (4) PACK OF BEER. HE ADVISED THAT THE SUBJECT THEN WALKED UP TO THE COUNTER AND ASKED THE STORE CLERK IF HE COULD RUN A TAB. AT THAT TIME, THE STORE CLERK ADVISED THE SUSPECT THAT HE COULD NOT. THE SUSPECT THEN ASKED THE STORE CLERK IF HE WOULD HOLD SOME OF HIS TOOLS AS PAYMENT, AT WHICH TIME THE STORE CLERK ADVISED THE SUSPECT THAT HE WOULD NOT. THE CLERK THEN ADVISED THE SUBJECT THAT THE BEER WOULD COST $3.29. THE STORE CLERK STATED THAT THE SUSPECT THEN RAN OUT OF THE STORE WITH THE BEER. DETECTIVE LAMBERT ADVISED THAT HE HAD REVIEWED THE IN STORE SURVEILLANCE FOOTAGE OF THE INCIDENT, AND THE STORE CLERK HAD ADVISED THAT THE FOOTAGE WOULD BE LOST IN FOUR DAYS. DEPUTY RICHEY (0678) REQUESTED THAT A WORK ORDER BE CREATED TO HAVE THIS VIDEO RETRIEVED BEFORE THE FOUR DAYS WAS UP. ON 030213, AT APPROXIMATELY 1500 HOURS, I WAS DISPATCHED TO AN UNWANTED SUBJECT AT 639 NE 12TH TERRACE IN CRYSTAL RIVER. THE COMPLAINANT ADVISED THAT SHE WAS A NEIGHBOR, AND THERE WAS A WHITE STATION WAGON PARKED AT THE ADDRESS. SHE FURTHER STATED THERE WAS A MAN IN THE PASSENGER SEAT OF THE VEHICLE WHO WAS PASSED OUT AND POSSIBLY INTOXICATED. SHE THEN IDENTIFIED THE MALE SUBJECT AS MR ZACHARY SCOTT WHEELER/SUSPECT. AT THAT TIME, I WAS ADVISED THAT DEPUTY RICHEY (0678) HAD PROBABLE CAUSE FOR SUSPECT WHEELER FOR PETIT THEFT. UPON MY ARRIVAL, I MADE CONTACT WITH THE HOMEOWNER, MR STEVE BACSKOCKY. MR BACSKOCKY ADVISED ME THAT THE DEFENDANT, ZACHARY SCOTT WHEELER, IS A FRIEND AND HAD SHOWN UP AT HIS RESIDENCE IN AN INTOXICATED STATE. I OBSERVED THE DEFENDANT IN THE FRONT PASSENGER SEAT OF THE VEHICLE AND ASKED HIM TO STEP OUT AND SPEAK WITH ME. HE MUMBLED SOMETHING INCOHERENTLY, BUT DID NOT STEP OUT. I ASKED HIM TO GIVE ME HIS DRIVER'S LICENSE, AND HE GAVE THE SAME RESPONSE. THE DEFENDANT DID EVENTUALLY STEP OUT OF THE VEHICLE WHERE I WAS ABLE TO OBTAIN HIS LICENSE. THE DEFENDANT WAS EXTREMELY INTOXICATED AND UNCOOPERATIVE. THROUGHOUT MY ENCOUNTER WITH THE DEFENDANT, HE KEPT TRYING TO WALK AWAY, AND AT ONE POINT, HE ATTEMPTED TO RE-ENTER HIS VEHICLE. I SHUT THE VEHICLE DOOR, AT WHICH TIME THE INDEX AND MIDDLE FINGER ON THE LEFT HAND OF THE DEFENDANT WERE BRIEFLY STUCK IN THE DOOR. THE DEFENDANT STATED IT DID NOT HURT, AND REFUSED AN OFFER OF EMERGENCY MEDICAL SERVICES. DETENTION STAFF WAS LATER NOTIFIED OF THIS. THE DEFENDANT WAS THEN ADVISED HE WAS BEING PLACED UNDER ARREST FOR RETAIL PETIT THEFT. AT THAT TIME, HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK. AS WE WALKED BACK TO MY CAR, WHICH WAS PARKED APPROXIMATELY 100 YARDS AWAY FROM THE RESIDENCE, HE ASKED ME WHAT HE STOLE. I ADVISED HIM THAT THE CASE OCCURRED AT A GAS STATION. HE FREELY STATED THAT THAT HAPPENED A FEW DAYS AGO AND STATED, "I TOOK IT ALL." WHEN THE DEFENDANT WAS PLACED IN THE REAR OF MY PATROL VEHICLE, I READ HIM HIS MIRANDA RIGHTS VIA A PRE-PRINTED AGENCY CARD. THE DEFENDANT AT THAT TIME STATED HE NO LONGER WISHED TO SPEAK TO ME. THE DEFENDANT'S VEHICLE, AS WELL AS HIS DOG, WERE LEFT WITH MR STEVE BACSKOCKY AT THE DEFENDANT'S REQUEST. UPON ARRIVAL AT THE DETENTION CENTER, THE DEFENDANT WAS TURNED OVER TO DETENTION STAFF FOR PROCESSING, AND HIS BOND WAS SET AT $250.00 PER THE BOND SCHEDULE. |
