| Probable cause affidavit: |
SUBMITTED BY: STEELFOX, MATTHEW 1440 (AR17-22172/17-2843) DID ENGAGE IN A SCHEME TO DEFRAUD AND OBTAIN PROPERTY THEREBY IS GUILTY OF ORGANIZED FRAUD WITH THE AMOUNT OF PROPERTY OBTAINED OF A VALUE OF LESS THAN $20.000.00, IN VIOLATION OF FLORIDA'S STATE STATUTE 817.034(4)(A)(3). ON 010617, AT APPROXIMATELY 1730 HOURS, I WAS DISPATCHED TO LOWE'S LOCATED AT 2301 EAST GULF TO LAKE HIGHWAY IN INVERNESS IN REFERENCE TO A PAST FRAUD. UPON ARRIVAL, I MADE CONTACT WITH STORE MANGER/COMPLAINANT, MR TIM GRAFF, WHO ADVISED THAT A STORE EMPLOYEE, MR CURTIS MARTIN, LATER IDENTIFIED AS THE DEFENDANT, HAD RECENTLY BEEN TERMINATED DUE TO THE FACT HE HAD COMMITTED REFUND FRAUD ON MULTIPLE OCCASIONS OVER THE PAST FEW MONTHS. THE COMPLAINANT ADVISED THE DEFENDANT WOULD ENTER THE STORE ON THE DAYS HE WAS SCHEDULED TO WORK, PURCHASE AN ITEM AND CHARGE IT TO HIS LOWE'S CREDIT CARD. THE DEFENDANT WOULD THEN RETURN TO LOWE'S ON A LATER DATE THAT HE WAS SCHEDULED TO WORK WITHOUT THE ITEM AND MAKE A RETURN TRANSACTION. THE COMPLAINANT STATED THE DEFENDANT WOULD PROCEED TO THE DEPARTMENT WHERE THE ITEM WAS, SELECT THE SAME ITEM FROM THE SHELF, STAGE THE ITEM IN THE DEPARTMENT THAT HE WORKED AND LATER IN HIS SHIFT WOULD RETURN THE ITEM FOR A REFUND USING HIS OLD RECEIPT. THE COMPLAINANT PROVIDED ME WITH A PRINTOUT THAT THE LOSS PREVENTION OFFICER, MR TONY JONES, HAD PUT TOGETHER, WHICH LISTED THE DATES AND TIMES AND COST OF MERCHANDISE THE DEFENDANT HAD FRAUDULENTLY RETURNED. A PACKET TO INCLUDE DATE AND TIME STAMPED IMAGES OF THE DEFENDANT, SURVEILLANCE VIDEO AND TYPED STATEMENTS FROM MULTIPLE LOWE'S MANAGERS WAS ALSO PROVIDED. ON 081716, THE DEFENDANT WAS WORKING, AND WHILE AT WORK, HE PURCHASED A BLACK AND DECKER LITHIUM SWEEPER. HE THEN LEFT THE PREMISES WITH THE SWEEPER. ON 081916, THE DEFENDANT ENTERED LOWE'S FOR WORK WITH HIS LUNCHBOX AND NO MERCHANDISE PRESENT. AT SOME POINT DURING HIS SHIFT ON 081916, HE SELECTED THE SAME BLACK AND DECKER SWEEPER OFF OF THE SHELF THAT HE HAD PREVIOUSLY PURCHASED ON 081716. HE COULD BE OBSERVED IN SECURITY SURVEILLANCE IMAGES STAGING THE ITEM IN THE PLUMBING DEPARTMENT. LATER IN HIS SHIFT, THE DEFENDANT TOOK THE SWEEPER TO CUSTOMER SERVICE AND PRESENTED THE RECEIPT FROM 081716, AND RECEIVED A REFUND TO HIS LOWE'S CREDIT CARD. THE SWEEPER WAS ORIGINALLY PURCHASED FOR $85.83. ON 082916, THE DEFENDANT PURCHASED A 5500 WATT GENERATOR WITH HIS LOWE'S CREDIT CARD AND LEFT THE PREMISES. ON 090216, THE DEFENDANT ENTERED THE STORE WITH HIS LUNCHBOX BUT NO MERCHANDISE PRESENT. HE THEN PROCEEDED TO THE INSIDE LAWN AND GARDEN DEPARTMENT AND SELECTED THE SAME GENERATOR HE HAD PREVIOUSLY PURCHASED ON 082916. THE DEFENDANT PLACED THE GENERATOR ON A CART AND THEN STAGED THE ITEM IN THE PLUMBING DEPARTMENT. HE THEN RETRIEVED THE ITEM AT A LATER TIME ON THE SAME DAY, 090216, AND PROCEEDED TO CUSTOMER SERVICE. HE PRESENTED THE RECEIPT FOR THE GENERATOR THAT HE PREVIOUSLY PURCHASED ON 082916, AND RECEIVED A REFUND TO HIS LOWE'S CREDIT CARD ON 090216. THE GENERATOR WAS ORIGINALLY PURCHASED FOR $629.10. ON 110216, THE DEFENDANT PURCHASED A 36 GALLON TANK FROM LOWE'S. ON 112216, HE ENTERED LOWE'S WITH HIS LUNCHBOX WITH NO OTHER MERCHANDISE PRESENT. THE DEFENDANT SELECTED A 36 GALLON TANK FROM THE SHELF, PLACED IT ON A CART AND STAGED THE ITEM IN THE PLUMBING DEPARTMENT. LATER ON IN THE DEFENDANT'S SHIFT, HE TOOK THE TANK TO CUSTOMER SERVICE. HE PRESENTED THE RECEIPT FOR THE TANK HE PURCHASED ON 110216, AND RECEIVED A REFUND ON HIS LOWE'S CREDIT CARD ON 112216. THE TANK WAS ORIGINALLY PURCHASED FOR $208.97. AT THAT TIME THE COMPLAINANT PROVIDED ME WITH THE DEFENDANT'S HOME ADDRESS. I COLLECTED THE PACKET THE COMPLAINANT HAD PROVIDED ME WITH. THE COMPLAINANT WAS PROVIDED WITH AN AGENCY CASE NUMBER AND I THEN EXITED THE STORE. I VERIFIED THE DEFENDANT'S HOME ADDRESS THROUGH THE DRIVER AND VEHICLE INFORMATION DATABASE. DEPUTY FERGUSON (0505) AND I WENT TO THE DEFENDANT'S RESIDENCE AT 8632 NORTH TEMPEST DRIVE IN CITRUS SPRINGS AND MADE CONTACT WITH HIM. DEPUTY FERGUSON RECORDED OUR INTERVIEW WITH THE DEFENDANT. HE WAS READ MIRANDA WARNINGS, AND HE ADVISED HE WOULD STILL SPEAK WITH US. THE DEFENDANT ADVISED ON YESTERDAY, 010517, HE WAS CALLED IN THE STORE MANAGER'S OFFICE. AT THAT TIME, HE ADVISED THE STORE MANAGER BEGAN TO QUESTION HIM IN REGARD TO IF HAD EVER FRAUDULENTLY RETURNED ANY MERCHANDISE TO LOWE'S. THE DEFENDANT ADVISED THE STORE MANAGER NEVER ACTUALLY ACCUSED HIM OF ANYTHING. THE DEFENDANT ADVISED IT MADE HIM UNCOMFORTABLE. HE STATED AT THAT TIME HE ADVISED THE STORE MANAGER HE WAS RESIGNING. THE DEFENDANT THEN GATHERED HIS BELONGINGS AND EXITED THE STORE. WHILE WE WERE QUESTIONING THE DEFENDANT, HE STATED HE WOULD LIKE TO SPEAK WITH THE STORE MANAGER AGAIN IN REGARD TO THIS SITUATION. DEPUTY FERGUSON ASKED THE DEFENDANT IF HE WAS AWARE THAT HE HAD DONE SOMETHING WRONG, WHICH HE STATED, "MAYBE." THE DEFENDANT STATED HE WAS NOT SURE WHAT TO DO AND REQUESTED A LAWYER, AT WHICH TIME QUESTIONING STOPPED. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, DOUBLE-LOCKED, BEHIND HIS BACK AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF ORGANIZED FRAUD WITH A BOND SET AT $5,000.00, PER THE BOND SCHEDULE. THE RECORDED INTERVIEW WILL BE TURNED IN TO EVIDENCE AS WELL AS THE SURVEILLANCE DIGITAL VIDEO DISC PROVIDED BY LOWE'S. THE INFORMATION PROVIDED BY LOWE'S TO INCLUDE THE WRITTEN STATEMENTS, PHOTOGRAPHS AND FRAUDULENTLY RETURNED ITEMS WILL BE TURNED IN TO RECORDS. NO FURTHER ACTION TAKEN BY THIS DEPUTY. |
