the criminal complaint
Transcription
the criminal complaint
27-CR-15-7671 State of Minnesota County of Hennepin Filed in Fourth Judicial District Court 3/24/2015 01:17:23 PM Hennepin County, MN District Court 4th Judicial District Prosecutor File No. Court File No. State of Minnesota, 15-03323 27-CR-15-7671 COMPLAINT Plaintiff, Summons vs. JEFFREY PATRICK RICE DOB: 08/16/1974 1615 Sloan ST #5 ST PAUL, MN 55130 Defendant. The Complainant submits this complaint to the Court and states that there is probable cause to believe Defendant committed the following offense(s): COUNT I Charge: TRAFFIC - RECKLESS OR CARELESS DRIVING; DRIVES WITH WILLFUL OR WANTON DISREGARD FOR SAFETY Minnesota Statute: 169.13.1(a) Maximum Sentence: 0-90 days and/or $0-$1,000 Offense Level: Misdemeanor Offense Date (on or about): 11/25/2014 Control #(ICR#): 14415626 Charge Description: ... drive a vehicle in such a manner as to indicate either a wilful or a wanton disregard for the safety of persons or property; COUNT II Charge: TRAFFIC - CARELESS DRIVING Minnesota Statute: 169.13.2 Maximum Sentence: 0-90 days and/or $0-$1,000 Offense Level: Misdemeanor Offense Date (on or about): 11/25/2014 Control #(ICR#): 14415626 Charge Description: ... operate or halt a vehicle carelessly or heedlessly in disregard of the rights of others, or in a manner that endangers or is likely to endanger any property or any person, including the driver or passengers of the vehicle; such conduct occurring upon any street or highway, or in an area described in subdivision 3 of this section, including but not limited to, the ice of any lake, stream, or river, or in a parking lot or its driveway where such parking lot is ordinarily used or available to the public; COUNT III Charge: TRAFFIC REGULATION - DRIVER FAILS TO USE DUE CARE TO AVOID COLLIDING WITH BICYCLE OR PEDESTRIAN 1 27-CR-15-7671 Minnesota Statute: 169.21.3(d) Maximum Sentence: 0-90 days and/or $0-$1,000 Offense Level: Misdemeanor Filed in Fourth Judicial District Court 3/24/2015 01:17:23 PM Hennepin County, MN Offense Date (on or about): 11/25/2014 Control #(ICR#): 14415626 Charge Description: ... fail to exercise due care to avoid colliding with a bicycle or pedestrian upon a roadway; 2 27-CR-15-7671 STATEMENT OF PROBABLE CAUSE Filed in Fourth Judicial District Court 3/24/2015 01:17:23 PM Hennepin County, MN That on November 25, 2014, at approximately 4:35 p.m., Jeffrey Patrick Rice, defendant herein, was driving his vehicle (a Subaru Legacy Outback, MN plate 155 HTN) and was stopped at the intersection of Lake Street East and Minnehaha Avenue South, in the City of Minneapolis, County of Hennepin, State of Minnesota. The defendant's vehicle was stopped in the middle lane on the eastbound side of Lake Street East, on the west side of Minnehaha Avenue South, behind a white vehicle. There was a large crowd of people in the intersection, including several people on Lake Street East in the eastbound lanes in front of the white vehicle and defendant's vehicle. The defendant pulled his vehicle to the right eastbound lane, pulling out from behind the white vehicle, and began to drive through the crowd of people in the street. There were several people directly in front of the defendant's vehicle as the defendant drove through the crowd. At least two people were on the hood of defendant's vehicle as he drove through the crowd. The defendant's vehicle struck at least one person, a female, who was pushed by the car for several feet. The crowd of people began attacking the vehicle after it struck the female and the vehicle stopped for several seconds. Several people in the crowd began hitting the vehicle with fists and objects. The defendant's vehicle then continued to drive through the intersection, nearly hitting a grey vehicle that was turning right from northbound Minnehaha Avenue South onto eastbound Lake Street East. The defendant continued to drive away from the scene for approximately one mile, at which point he stopped his vehicle and called 911. The defendant admitted to a Minneapolis Police Department traffic investigator that he saw the crowd of people in the street before he drove through them. 3 27-CR-15-7671 SIGNATURES AND APPROVALS Filed in Fourth Judicial District Court 3/24/2015 01:17:23 PM Hennepin County, MN Complainant requests that Defendant, subject to bail or conditions of release, be: (1) arrested or that other lawful steps be taken to obtain Defendant's appearance in court; or (2) detained, if already in custody, pending further proceedings; and that said Defendant otherwise be dealt with according to law. Complainant Chris Hudok Lieutenant 350 S 5th St Minneapolis, MN 55415-1389 Badge: 234 Electronically Signed: 03/19/2015 04:50 PM Subscribed and sworn to before the undersigned. Notary Public or Judicial Official Linda Cushing County of Anoka 350 S 5th St Minneapolis, MN 55415-1389 Notary ID: 6078899 Commission expires: 01/31/2018 Electronically Signed: 03/20/2015 06:47 AM Being authorized to prosecute the offenses charged, I approve this complaint. Prosecuting Attorney Jennifer Saunders Assistant Minneapolis City Attorney 350 S 5th St Room 210 Minneapolis, MN 55415 (612) 673-2010 4 Electronically Signed: 03/19/2015 03:14 PM 27-CR-15-7671 FINDING OF PROBABLE CAUSE Filed in Fourth Judicial District Court 3/24/2015 01:17:23 PM Hennepin County, MN From the above sworn facts, and any supporting affidavits or supplemental sworn testimony, I, the Issuing Officer, have determined that probable cause exists to support, subject to bail or conditions of release where applicable, Defendant’s arrest or other lawful steps be taken to obtain Defendant’s appearance in court, or Defendant’s detention, if already in custody, pending further proceedings. Defendant is therefore charged with the above-stated offense(s). X SUMMONS THEREFORE YOU, THE DEFENDANT, ARE SUMMONED to appear on April 14, 2015 at 8:30 AM before the above-named court at 401 Fourth Avenue S, Minneapolis, MN 55415 to answer this complaint. IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued. WARRANT To the Sheriff of the above-named county; or other person authorized to execute this warrant: I order, in the name of the State of Minnesota, that the Defendant be apprehended and arrested without delay and brought promptly before the court (if in session), and if not, before a Judge or Judicial Officer of such court without unnecessary delay, and in any event not later than 36 hours after the arrest or as soon as such Judge or Judicial Officer is available to be dealt with according to law. Execute in MN Only Execute Nationwide Execute in Border States ORDER OF DETENTION Since the Defendant is already in custody, I order, subject to bail or conditions of release, that the Defendant continue to be detained pending further proceedings. Bail: $ Conditions of Release: This complaint is issued by the undersigned Judge as of the following date: March 20, 2015. Judicial Officer Diane Bratvold Electronically Signed: 03/20/2015 09:20 AM Sworn testimony has been given before the Judicial Officer by the following witnesses: COUNTY OF HENNEPIN STATE OF MINNESOTA Clerk's Signature or File Stamp: State of Minnesota Plaintiff RETURN OF SERVICE vs. I hereby Certify and Return that I have served a copy of this Summons upon the Defendant herein named. JEFFREY PATRICK RICE Signature of Authorized Service Agent: Defendant 5