| Probable cause affidavit: |
SUBMITTED BY: CUTLIP, JOSHUA 0721 (AR14-8921) 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); AND DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, WALMART, TO WIT: MENâS CLOTHING, SAID PROPERTY BEING OF A VALUE OF $247.83, 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 020114, AT APPROXIMATELY 1243 HOURS, I RESPONDED TO WAL-MART SUPERCENTER LOCATED IN INVERNESS AT 2461 EAST GULF TO LAKE HIGHWAY, IN REFERENCE TO A THEFT IN PROGRESS. PRIOR TO MY ARRIVAL, THE COMPLAINANT, MR JOE COMPOSTELLA, ADVISED DISPATCH THAT THE UNIDENTIFIED WHITE MALE, WHO WAS LATER IDENTIFIED AS THE DEFENDANT, MR MARK BLACKELY, ENTERED THE STORE AND DISPLAYED SUSPICIOUS BEHAVIOR IN THE MENâS CLOTHING DEPARTMENT. AT THAT TIME, the COMPLAINANT CONTINUED FLOOR SURVEILLANCE AND WATCHED THE DEFENDANT PLACE MULTIPLE MENâS CLOTHING ITEMS INTO WAL-MART SHOPPING BAGS WHICH HE HAD CONCEALED ON HIS PERSON PRIOR TO ENTERING THE STORE. THE COMPLAINANT CONTINUED TO OBSERVE THE DEFENDANT SELECT MULTIPLE OTHER CLOTHING ITEMS VALUED AT $177.86 AND PLACE THEM INTO THE BAGS. HE ALSO SELECTED A 14 PIECE KNIFE SET VALUED AT $69.97, with a TOTAL VALUE FOR ALL MERCHANDISE BEING $247.83. AFTER the DEFENDANT HAD SELECTED THESE ITEMS, THE COMPLAINANT CONTINUED TO MONITOR THE DEFENDANT INSIDE THE STORE. THE DEFENDANT PROCEEDED TO EXIT THROUGH THE GARDEN CENTER EXIT AND AFTER PASSING ALL POINTS OF FINAL SELL EXITED INTO THE PARKING LOT. THE COMPLAINANT IDENTIFIED HIMSELF AS BEING LOSS PREVENTION WITH WAL-MART AND REQUESTED THAT THE DEFENDANT RETURN INSIDE the STORE FOR FURTHER QUESTIONING. AT THAT TIME, THE DEFENDANT APPEARED TO BE COOPERATIVE, HOWEVER QUICKLY BECAME CONFRONTATIONAL WITH THE COMPLAINANT. THE DEFENDANT PULLED AWAY FROM THE COMPLAINANT AND SHOVED THE SHOPPING CART FULL OF MERCHANDISE INTO THE COMPLAINANT DIRECTLY STRIKING HIM IN THE BODY. AT THAT TIME, the DEFENDANT FLED THE AREA ON FOOT IN AN UNKNOWN DIRECTION OF TRAVEL DROPPING THE KEYS TO HIS VEHICLE IN THE PROCESS. WITH NOT KNOWING EXACTLY WHO THE DEFENDANT WAS AT THAT POINT IN TIME, I REQUESTING TO REVIEW THE IN STORE VIDEO SURVEILLANCE, ALONG with THE PARKING LOT FOOTAGE CAPTURING THE DEFENDANT EXITING HIS VEHICLE. WITH HAVING the DEFENDANTâS KEYS, THE DEFENDANTâS VEHICLE WAS LOCATED IN the WAL-MART PARKING LOT. THE VEHICLE WAS A RED IN COLOR, 2005 CHEVY TRAILBLAZER BEARING FLORIDA TAG NUMBER ADNY13. THIS VEHICLE WAS REGISTERED TO A NICHOLAS ANDRIAN RESIDING AT 2457 SOUTH SUMMERWOOD POINT IN INVERNESS. A RECORDS CHECK WAS CONDUCTED WHERE I OBTAINED A TELEPHONE NUMBER BELONGING TO the REGISTERED OWNER, WHICH WAS 352-422-5840. CONTACT WAS MADE WITH THIS SUBJECT WHO ADVISED THAT HE HAD LOANED HIS VEHICLE OUT TO HIS EX-FIANCÉE WHO IN TURN HAD LOANED THE VEHICLE TO THE DEFENDANT, MR MARK BLACKELY. AT APPROXIMATELY 1559 HOURS, THE DEFENDANT RETURNED TO WALMART IN AN ATTEMPT TO LOCATE HIS LOST KEYS. HE PROCEEDED TO THE CUSTOMER SERVICE COUNTER, AT WHICH TIME THE COMPLAINANT, MR JOE COMPOSTELLA, IMMEDIATELY RECOGNIZED the DEFENDANT AS BEING the ONE WHO RESISTED HIM DURING the APPREHENSION AND CONTACTED THIS AGENCY. I IMMEDIATELY RESPONDED WHERE I MADE CONTACT WITH the COMPLAINANT INSIDE WALMART. HE STATED that HE POSITIVELY IDENTIFIED the DEFENDANT. THE COMPLAINANT AND I THEN APPROACHED THE DEFENDANT AT THE CUSTOMER SERVICE COUNTER AND HE IDENTIFIED HIMSELF AS MARK BLACKELY. I ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR RETAIL PETIT THEFT AND FOR RESISTING A MERCHANT. THE DEFENDANT WAS TAKEN TO THE LOSS PREVENTION OFFICE FOR QUESTIONING. THE DEFENDANT WAS READ HIS MIRANDA RIGHTS VIA A PRE-PRINTED AGENCY APPROVED MIRANDA CARD WHERE THE DEFENDANT ADMITTED IN the PRESENCE OF THE COMPLAINANT THAT HE HAD STOLEN the ITEMS EARLIER TODAY AND HAD RETURNED TO WALMART IN AN ATTEMPT TO LOCATE HIS KEYS. A SWORN, WRITTEN STATEMENT WAS FILLED OUT BY the COMPLAINANT AND A PROPERTY RECEIPT FOR THE RECOVERED STOLEN MERCHANDISE WAS FILLED OUT AND COMPLETED. PHOTOS WERE TAKEN BY DEPUTY RAMOS (0515), SEE HIS CRIME SCENE TECHNICIAN (CST) REPORT. AN ITEMIZED RECEIPT PERTAINING TO THE MERCHANDISE which IS AS TOTAL OF 13 ITEMS WITH A TOTAL VALUE OF $247.83 WAS COLLECTED, ALONG WITH THE IN STORE VIDEO SURVEILLANCE, WHICH WAS LATER TURNED INTO EVIDENCE. THE DEFENDANT WAS HANDCUFFED BEHIND his back (DOUBLE LOCKED), AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS TRANSPORTED TO the CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS TOTAL BOND WAS SET AT $2,250.00. NO FURTHER ACTION WAS TAKEN BY THIS DEPUTY. |
