| Probable cause affidavit: |
SUBMITTED BY: NORTON, NICK 0758 (AR1893) THE DEFENDANT, MR ALEX MATTHEW HERMAN, DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, KMART, TO WIT: FOUR BEACH TOWELS , SAID PROPERTY BEING OF A VALUE OF $51.96, 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 STATUTES 812.014(1) and 812.014(3)(a). ON 07082012, AT APPROXIMATELY 1800, I RESPONDED TO 1801 NW HIGHWAY 19, IN CRYSTAL RIVER, IN REFERENCE TO A SHOPLIFTER IN CUSTODY AT K-MART IN THE MALL. UPON MY ARRIVAL, I MADE CONTACT WITH COMPLAINANT, MR DUANE SMITH, WHO IS A LOSS PREVENTION OFFICER, WHO HAD THE DEFENDANT, ALEX MATTHEW HERMAN DETAINED IN HIS OFFICE. THE DEFENDANT WAS READ HIS MIRANDA RIGHTS, WHICH HE WAIVED. I ASKED HIM WHO THE OTHER SUBJECT HE WAS WITH WAS, AND HE TOLD ME THAT HE WAS WITH MR JAMES MARVIN, WHO ALSO LIVES AT THE MISSION, A FACILITY FOR THE HOMELESS. WHEN ASKED IF HE HAD ANY FURTHER INFORMATION ON MR HERMAN, THE DEFENDANT STATED THAT HE HAS A STAR TATTOO ON HIS NECK, AND A TATTOO READING â313â ON HIS FOREARM. THE DEFENDANT STATED THAT MR MARVIN HAD LEFT ON HIS BICYCLE, PROBABLY ON HIS WAY TO THE MISSION. OTHER DEPUTIES SEARCHED FOR HIM WITH NEGATIVE RESULTS. I THEN ASKED THE DEFENDANT WHAT HE WAS DOING AT THE MALL, TO WHICH HE REPLIED THAT HE AND MR MARVIN HAD FOUND A RECEIPT FROM K-MART FOR ITEMS AND THEY WERE GOING TO TAKE THE ITEMS FROM THE STORE, RETURN AT A LATER TIME AND ATTEMPT TO RETURN THE ITEMS TO THE STORE TO TRY AND MAKE MONEY. THE LOSS PREVENTION OFFICER, MR DUANE SMITH, PROVIDED ME WITH A COPY OF THAT RECEIPT, WHICH WAS LATER TURNED INTO RECORDS. THE DEFENDANT FILLED OUT A WRITTEN STATEMENT, WHICH WAS LATER TURNED INTO RECORDS. I THEN SPOKE WITH MR SMITH, WHO ADVISED THAT HE OBSERVED TWO MALE SUBJECTS ENTER AND LEAVE THE STORE SEVERAL TIMES. HE BEGAN WATCHING ONE SUBJECT AS HE APPROACHED A DISPLAY OF BEACH TOWELS AND SELECTED FOUR TOWELS FROM THE DISPLAY. THE SUBJECT THEN TOOK THE TOWELS TO THE TOY DEPARTMENT AND PUT THEM IN THE ACTION FIGURE AISLE. THE SUBJECT THEN LEFT THROUGH THE GARDEN AND THE SECOND SUBJECT, DEFENDANT ALEX HERMAN, ENTERED THE STORE AND WENT TO THE AISLE WHERE THE TOWELS WERE. THE DEFENDANT THEN PLACED THE TOWELS IN A K-MART BAG HE HAD IN HIS POCKET. THE DEFENDANT THEN EXITED THE STORE THROUGH THE GARDEN SHOP. MR. SMITH ADVISED THAT HE STOPPED THE DEFENDANT AND ASKED HIM TO RETURN TO THE STORE. HE DID SO WILLINGLY AND WAS ESCORTED TO THE LP OFFICE WHERE THE FOUR TOWELS, VALUED AT $51.96 WERE RECOVERED. AT THIS TIME MR SMITH CONTACTED THE SHERIFF'S OFFICE. A COPY OF A VOIDED RECEIPT FOR THE ITEMS, AS WELL AS A WRITTEN STATEMENT FROM MR SMITH, WAS LATER TURNED INTO RECORDS. A DVD CONTAINING VIDEO FOOTAGE OF THE DEFENDANT EXITING THE STORE, CROSSING ALL FINAL POINTS OF SALE WAS LATER TURNED INTO EVIDENCE. THE ITEMS RECOVERED FROM THE DEFENDANT'S BAG WERE ONE SPIDERMAN BEACH TOWEL, ONE DISNEY FAIRIES BEACH TOWEL, ONE DISNEY PRINCESS BEACH TOWEL, AND ONE DISNEY CARS BEACH TOWEL. EACH TOWEL WAS VALUED AT $12.99, FOR A TOTAL OF $51.96. THE DEFENDANT WAS TRESPASSED FROM THE MALL PER MALL SECURITY. THE DEFENDANT WAS ISSUED A NOTICE TO APPEAR FOR RETAIL PETIT THEFT, WITH A MANDATORY COURT DATE OF JULY 26, 2012. MR. SMITH WAS GIVEN AN AGENCY ISSUED CASE CARD BEARING MY NAME AND ID NUMBER, AND INFORMED TO CONTACT THE SHERIFF'S OFFICE WITH ANY FURTHER INFORMATION OR QUESTIONS REGARDING THE CASE. |
