Filed DODGE County Court 6/ 29/ 18

Transcription

1 Filed DODGE County Court 6/ 29/ 18 STATE OF MINNESOTA COUNTY OF DODGE DISTRICT COURT THIRD JUDICIAL DISTRICT COURT FILE NO.: 20-CR ICR NO.: State of Minnesota, V. Plaintiff, COMPLAINT- WARRANT Julio Baez, DOB 10/8/1966 (51) 272 Richland Avenue St. Charles, MN Defendant. The Complainant, being duly sworn, makes complaint to the above-named Court and states that there is probable cause to believe that the Defendant committed the following offense(s): Count: 1 In Violation of: Penalty Statute: MOC: ICR: Penalty: Criminal Sexual Cond-1 st Degree-Penet or Contact with Person Under 13-Attor >36m oldr subd. 1 (a) subd. 2(a) - Criminal Sexual Conduct-1st Degree-Penalty-Stat Max L years or $40,000 fine or both (MSG SL A) During approximately 1998 through 2006, within the County of Dodge, Julio Baez did wrongfully, unlawfully and feloniously engage in sexual penetration with another person, or in sexual contact with a person under 13 years of age as defined in section , subdivision 11, paragraph (c), and the complainant, to-wit: Victim #1, was under 13 years of age and Julio Baez is more than 36 months older than Victim #1. Count: 2 In Violation of: Penalty Statute: MOC: ICR: Penalty: Criminal Sex Conduct-3rd Degree Act >48 old-position Authority subd. 1(e) subd. 2 - Criminal Sexual Conduct-3rd Degree-Penalty L years imprisonment, $30,000 fine or both (MSG SL D) During approximately 2001 through 2006, within the County of Dodge, Julio Baez did wrongfully, unlawfully and feloniously engage in sexual penetration with another person, to-wit: Victim #2, who was at least 16 but less than 18 years of age, and Julio Baez is more than 48 months older than Victim #2 and in a position of authority over Victim #2. Count: 3 In Violation of: Penalty Statute: MOC: ICR: Penalty: Criminal Sex Conduct-2nd Degree-Victim Under 13-Actor > 36m Old subd. 1(a) subd. 2 - Criminal Sexual Conduct-2nd Degree-Penalty L years or $35,000 or both (MSG SL D)

2 PAGE 2 During approximately 2000 through 2004, within the County of Dodge, Julio Baez did wrongfully, unlawfully and feloniously engage in sexual contact with another person, to-wit: Victim #3, who was under 13 years of age, and Julio Baez is more than 36 months older than Victim #3.

3 ..,.. "- PAGE3 STATEMENT OF PROBABLE CAUSE Your complainant is a licensed peace officer employed by the Olmsted County Sheriff's Office. In that capacity your Complainant has reviewed the police reports relating to Julio Baez, the above-named defendant, and the allegations contained therein. Based upon that information, your complainant believes the following to be true and correct. On Monday, June 4, 2018, Detective C. Nelson of the Olmsted County Sheriff's Office was assigned to investigate a sexual assault case. Specifically, Det. Nelson was advised by the Dodge County Sheriffs Office that, during an investigation conducted into a Dodge County incident, investigators learned about long-term sexual abuse committed by JULIO BAEZ (DOB 10/8/66). Some of the sexual abuse occurred during the time that BAEZ and his family lived in Byron, Olmsted County, Minnesota from November 2006 to the spring of On June 5, 2018, Det. Nelson interviewed an alleged victim who was born in 1993 and is a family or household member of BAEZ (hereinafter "Victim #1 "). Victim #1 reported that BAEZ sexually abused Victim #1 during the time when Victim #1 was between ages 5 and 16 years old and lived in many different locations. Among the acts committed by BAEZ against Victim #1 were digital penetration of Victim #1 by BAEZ, BAEZ attempting to perform oral sex on Victim #1, and BAEZ forcing Victim #1 to masturbate BAEZ. Victim #1 remembered BAEZ committing these acts on a regular basis for approximately eleven years. From 2006 to 2011, BAEZ and his family lived in Byron, Olmsted County, Minnesota. In addition to the acts described above, Victim #1 remembered BAEZ attempting to have sexual intercourse with Victim #1; BAEZ touched his erect penis to the intimate parts of Victim #1, but was unable to penetrate Victim #1. During the years that the family lived in Byron, Victim #1 would have been 12 to 17 years old.. On June 8, 2018, Det. Nelson interviewed another alleged victim who was born in 1988 and is a family or household member of BAEZ (hereinafter "Victim #2"). Victim #2 reported that she was sexually abused by BAEZ starting when she was four years old. Victim #2 described extensive sexual abuse while the family lived in Rice County and Dodge County. While the family lived in Byron, Minnesota, BAEZ engaged in digital penetration, sexual intercourse, oral sex, and sexual contact with Victim #2. BAEZ engaged in force and coercion to commit these offenses. During the time that BAEZ lived in Byron, Victim #2 would have been 18 to 23 years old. BAEZ has a significant relationship with, and was in a position of authority to, Victim #1 and Victim #2. Dodge County Conduct Prior to 2006, Victim #1 and her family lived in Dodge Center, Minnesota in Dodge County. There, when Victim #1 was under 13 years of age, BAEZ engaged in different forms of sexual abuse of Victim #1. Specifically, BAEZ digitally penetrated Victim #1, BAEZ performed oral sex on Victim #1, BAEZ engaged in sexual contact with the vagina, buttocks, and breasts of Victim #1, and forced Victim #1 to touch BAEZ's penis. Prior to 2006, when Victim #2 was under 18 years of age, BAEZ sexually abused Victim #2 on a regular basis at the family residence in Dodge Center, Minnesota. According to Victim #2, BAEZ engaged in various forms of sexual abuse while the family lived in Dodge Center. Specifically, BAEZ engaged in digital penetration of Victim #2, performed oral sex on Victim #2 and touched the vagina, buttocks and breasts of Victim #2. In addition, Victim #2 reported that BAEZ had sexual intercourse with Victim #2 and would ejaculate on Victim #2's body. On June 8, 2018, Det. Nelson met with an alleged victim who was born in 1991 and is a family. or household member of BAEZ (hereinafter "Victim #3"). Victim #3 reported that BAEZ's sexual

4 : : : I.,.. :... PAGE4 abuse of her started when she was nine years old and occurred when the family lived in Rice County and Dodge County. Victim #3 would have been under 16 at the time of the sexual abuse. According to Victim #3, while the family lived in Dodge Center, Minnesota, BAEZ engaged in simulated sex with Victim #3. During these incidents, both BAEZ and Victim #3 were clothed, and the each touched the other's intimate parts over the clothing. To avoid the appearance of a conflict of interest, this matter was investigated by the Olmsted County Sheriff's Office and will be prosecuted by the Olmsted County Attorney's Office. BAEZ is currently in custody at the Olmsted County Adult Detention Center. Accordingly, the state respectfully requests that a warrant be issued for BAEZ's arrest to facilitate his appearance in Dodge County. PLEASE TAKE NOTICE: YOU MUST APPEAR FOR EVERY COURT HEARING REGARDING THIS CASE. FAILURE TO APPEAR FOR COURT IS A CRIMINAL OFFENSE AND MAY RESULT IN ADDITIONAL CRIMINAL CHARGES BEING IMPOSED AND PUNISHED AS PROVIDED IN MINNESOTA STATUTES SECTION

5 ~' I Complainant requests that Defendant, subject to bail or conditions of release, be: (1) Arrested or 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'S NAME: COMPLAINANT'S SIGNATU E: PAGE 5 Detective C. Nelson Subscribed and sworn to before the undersigned this 29th day of June, NAMEfflTLE: SIGNATURE: Being authorized to prosecute the offenses charged, I approve this complaint. Date: June 29, 2018 Eric M. Woodford Chief Deputy Government Center 151 4th Street SE Rochester, MN (507)

6 1 - - I ---- PAGE 6 Court File Number: FINDING OF PROBABLE CAUSE 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 to 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). SUMMONS THEREFORE, YOU THE ABOVE-NAMED DEFENDANT, ARE HEREBY SUMMONED to appear on the day of, 20_ at before the above-named court at, MN to answer this complaint. _X_ WARRANT To the Sheriff of the above-named county; or other person authorized to execute this warrant: I hereby order, in the name of the State of Minnesota, that the above-named Defendant be apprehended and arrested without delay and brought promptly before the above-named 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 b law. ", - _X_ Execute in MN Only Execute Nationwide Execute in Border States ~ORDER OF DETENTION Since the above-named Defendant is already in custody, I hereby order, subject to bail or conditions of release, that the above-named Defendant continue to be detained pending further proceedings. Bail: Conditions of Release: rc::id ~ cf' ' ' This complaint, duly subscribed and sworn to, is issued by the undersigned Judicial Officer t~ l dayo~,20~. JUDICIAL OFFICER: NAME: l;,(qijy f\1. 'y\g\l.qc.o SIGNATURE: TITLE: Sworn testimony has been given before the Judicial Officer by the following witnesses: COUNTY OF DODGE STATE OF MINNESOTA Clerk's Signature orfile Stamp: State of Minnesota Plaintiff, VS. Julio Baez Defendant. RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this Summons upon the Defendant(s) herein-named. Signature ofauthorized Service Agent: