A homeless man in Fruitland Park was arrested when he was caught stealing ice cream bars from 7-Eleven and returning the next day with fentanyl.
An officer was reviewing surveillance footage for another case at 7-Eleven, located at 2058 U.S. Hwy. 27/441, when he noticed a separate individual commit retail theft, according to an arrest report from the Fruitland Park Police Department.
The individual, later identified as 40-year-old David Lawrence Smart, came into the store and went to the fountain machine. He momentarily spoke with the store clerk before pouring himself a drink. He then walked over to the ice cream cooler, took out two Snickers ice cream bars worth $2.79 each and put them in his sweatshirt pocket, the report said.
Smart went over to the counter and left enough money to cover the fountain drink before walking out of the store, passing all points of sale. The total cost of the items stolen was $5.35, the report said.
The store representative reviewed the footage and advised that Smart did not pay for ice cream bars, nor did he know the items were taken from the store because he never gave Smart permission to take them. The representative wished to prosecute on behalf of 7-Eleven, so he completed a sworn statement indicating his intent to do so, the report said.
The representative also stated Smart was a regular and identified him as “Bud.” He did not know his actual name but would try to find out. The officer was familiar with Smart, too, but did not know his last name off the top of his head. The report noted Smart arrived and left on foot.
At about 12:08 a.m. Friday, the officer returned to 7-Eleven and observed Smart walking toward the entrance. Smart saw the officer and immediately turned around to walk away from the store. The officer still approached him and verified his information, the report said.
The officer read Smart his rights, to which he stated he understood and wanted to talk. He advised that he did not remember going to the store the previous night, but he frequented the store. The officer asked if he bought anything yesterday, and he said he did not. When told he was on camera pocketing items, he asked if he could just pay for them, the report said.
Dispatch later ran a criminal history check for prior theft convictions and found multiple from 2009-2019, the report said.
During this interaction, Smart had an object in his right hand. He made several discrete movements, and the item was no longer in his hand. Another officer found the object, a small metal container, behind Smart’s foot in the grass, the report said.
Upon opening the container, a small plastic baggie with a white powdery substance was found. This later tested positive for fentanyl and weighed about 0.7 grams, the report said.
Smart initially stated this did not come from him, and he did not know what it was. However, the officer reviewed his body camera footage and saw where Smart was handling the item. He was detained as a result, the report said.
Once confronted about his possession of the item on camera, Smart advised that his fingerprints would be on it because he “found it,” opened it and saw the substance. He thought it was fentanyl, the report said.
A subsequent search of Smart’s person revealed a silver spoon with a white powdery residue. A syringe was also found where he was when initial contact was made. Smart later admitted to having a fentanyl addiction and using daily, the report said.
Smart was arrested on charges of petit theft (third or subsequent conviction), possession of fentanyl and possession of drug paraphernalia. He was transported to Lake County Jail bond set at $6,000.