CTY ATTY FILE NO. Witnesses in the house reported that FOSTER left C.L.S. and A.D. in the defendant s care in the days before February 10th.

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1 State of Minnesota County of Hennepin CCT LIST CHARGE STATUTE ONLY MOC GOC H2804 N I2064 N CTY ATTY FILE NO. District Court Fourth Judicial District CONTROLLING AGENCY CONTROL NO MN COURT CASE NO. DATE FILED if more than 6 counts (see attached) State of Minnesota, if Domestic Assault as defined by MS 518B01, sub2a,b VS. NAME: first, middle, last KENTAE DENARIO TODD th Lane N.W. Coon Rapids, MN PLAINTIFF, DEFENDANT, Amended Tab Charge Previously Filed SERIOUS FELONY SUMMONS FELONY WARRANT GROSS MISDM DWI ORDER OF DETENTION GROSS MISDM EXTRADITION Date of Birth MNCIS #: 27-CR- 7/27/91 LE#: SILS ID: TRACK ID: C O M P L A I N T 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). The complainant states that the following facts establish PROBABLE CAUSE: Your Complainant, Dana Nelson, is a Detective with the Hennepin County Sheriff s Office and, in that capacity, has reviewed the facts and circumstances of this case and believes the following establishes probable cause: Events of the Night of February 10, 2012: Minnetrista police responded to a call of a baby not breathing on February 10, 2012, at 11:30 p.m., at a home in St. Bonifacius, Hennepin County. Paramedics were already there when police arrived and were trying to resuscitate C.L.S., d.o.b Also present in the home were C.L.S. s mother, SHACARA TENELL FOSTER; her baby girl A.D., d.o.b ; her boyfriend, twenty-year-old Defendant, KENTAE DENARIO TODD; TODD s mother; TODD s step-father; and TODD s 11 siblings, ranging in age from 19 to two. The home is rented by TODD s mother and step-father, and all of the above parties were living or staying there on February 10th. Investigation: Police began investigating the circumstances that led to C.L.S. s death. They learned the defendant and FOSTER had been dating since the summer of The defendant is not the biological father of C.L.S. or A.D. C.L.S. had last been to the pediatrician on January 10, 2012 for a well-baby check. Records state that C.L.S. was a healthy toddler who passed the infant development inventory for his age. Witnesses in the house reported that FOSTER left C.L.S. and A.D. in the defendant s care in the days before February 10th. FORM-J REV. 12/95

2 Page 2 KENTAE DENARIO TODD CCN Investigation revealed that the home in which C.L.S. died contained garbage, rotting food, animals, dead animals, animal waste, and had otherwise filthy conditions. The defendant kept a room in the basement with two Pack- And-Play type portable cribs in which C.L.S. and A.D. each slept. Each crib had heavy blankets and other bedding in them wholly inappropriate for a sleep environment for infants and toddlers. Investigation also determined that none of the other adults or children in the home assumed care-giving responsibilities for C.L.S. and A.D. FOSTER left her children with the defendant for significant periods of time, and although sometimes the other small children interacted with C.L.S., C.L.S. was usually kept in the basement with or by the defendant. Many of the school-age children reported not having seen C.L.S. in days prior to Friday, February 10th, although they were all in the same house. On February 14, 2012, A.D. was examined by personnel at the Midwest Children s Resource Center. A full examination, including skeletal survey, showed that she had no abusive injuries. In a non-custodial interview conducted on February 16, 2012, the defendant said FOSTER left the children with him about a week earlier. He said that C.L.S. called him dad or fat daddy. The defendant said he kept nonperishable food for the children to eat downstairs and other food that can be wrapped and eaten upstairs. One of the things the defendant kept in his room for C.L.S. was ramen noodles. The defendant said he started to notice C.L.S. was fussy a couple of days before FOSTER returned on the 10th. He said the day before C.L.S. died, he made C.L.S. and the other little children (three preschool aged children, along with one toddler and A.D.) noodles in a pot on the stove. He said the toddler was crying upstairs and A.D. was crying in the basement so he was trying to take care of that. He said he heard a noise and then saw C.L.S. at the bottom of the stairs in the basement. He said C.L.S. was crying, but appeared to be okay. The defendant implied that C.L.S. may have fallen down the stairs. He said he fed C.L.S. ramen noodles with a spoon after that. The defendant said that night, he fed C.L.S. noodles again. He said C.L.S. reached for the bowl and somehow burned his hand. The defendant noticed swelling on C.L.S. s hand and called FOSTER, who did not answer. He left a voice mail. The defendant described C.L.S. s hand as red and said he put cold water on it and wrapped it. The defendant said he fed and changed C.L.S. before putting him to bed that night before he died. He said he called FOSTER a number of times on that night and the next day, but she always appeared busy or did not answer her phone. The defendant said his mother woke him up at 11:00 a.m., on Friday the 10 th, and asked if he would watch her several young children, presumably in addition to C.L.S. and A.D. The defendant said C.L.S. was crying a lot and would not eat at all that day. He took C.L.S. s temperature and it was He said that C.L.S. held his arm up and refused to put it down. The defendant said, I felt like I m the step-parent here, so let s get his mom on the phone. The defendant said he finally reached FOSTER, who told the defendant to put C.L.S. on the bed and let him sleep. The defendant said he then gave C.L.S. some medicine and took C.L.S. s temperature later and found it to be He said the next time he took it, it was 101. PROBABLE CAUSE CONTINUED ON NEXT PAGE

3 Page 3 KENTAE DENARIO TODD CCN Asked whether he ever considered taking C.L.S. to the doctor, he said, I don t know what to do when a kid is, like I know if you sick you go to the doctor, but at the same time I didn t know... how sick that he was. He said he did not call his own mother because his mother did not want FOSTER s children in her home in the first place. The defendant said he left the house and went to the store with his father around 6:00 p.m. on the 10 th. He did not arrange for supervision for C.L.S. and A.D., who he said were sleeping at the time. The defendant believes FOSTER arrived at the house sometime after 7:00 p.m. He spoke to her in the afternoon and was expecting her within an hour, so she was quite late. The defendant said when FOSTER arrived, rather than go to her children, she socialized with his father, brother, the other children, and an insurance man who happened to be at the house. The defendant said she went to check on her children later, around 9:30 p.m. He did not go with her. Later, around 11:30 p.m., the defendant said FOSTER started screaming that C.L.S. was not breathing. The defendant told police he smoked marijuana late that evening. The defendant said that on previous occasions, he popped C.L.S. on his hand once, and on his leg once to discipline him. He also mentioned that C.L.S. had been injured on previous visits to his home. Because C.L.S. was pronounced dead in Waconia, Dr. Lindsey Thomas of the Minnesota Regional Medical Examiner s Office performed the autopsy on C.L.S. Because of the number of injuries and illnesses, the autopsy and related examinations were not completed until April 27, Dr. Thomas concluded that the cause of C.L.S. s death was complications from neglect and that the manner of his death was homicide. Specifically, C.L.S. died from a blood infection (sepsis) from the burn on his hand, which was extremely serious. Photos show an obvious severe burn to C.L.S. s right hand. His right wrist had a fresh fracture. C.L.S. also had internal bleeding in his abdomen which was caused by recent blunt force trauma. C.L.S. had a recent, non-healing skull fracture, a healing fracture of the left 11 th rib, a healing fracture of the right humerus (the bone in the upper arm), a possible healing injury of the proximal head of the right humerus, and a healing bone injury of the right femoral shaft (the bone in the top of the leg). C.L.S. had hemorrhages to his brain that were consistent with numerous impact sites from blunt force trauma. C.L.S. had two injuries to his right foot, one of which is consistent with a cigarette burn. C.L.S. had bruises, scratches, and other similar injuries to his head, face, torso, back, arms, legs, genitals, buttocks, and neck. Toxicology test results show that C.L.S. had high levels of medication consistent with adult cold and flu medication. Such medication would not be appropriate for a baby and the levels were higher than therapeutic levels for adults. This medication in these amounts would have had a sedative effect on C.L.S. Dr. Thomas opined that C.L.S. would have been in extremely poor health in the hours, if not days, immediately preceding his death. His behavior, ability to move, eat, speak, respond or stay conscious would have been implicated by these many injuries and infections. PROBABLE CAUSE CONTINUED ON NEXT PAGE

4 Page 4 KENTAE DENARIO TODD CCN Photos show a desperately ill, battered and injured child. His head and face alone show numerous bruises, scabs and injuries. C.L.S. s hand had gauze on the burn injury. These injuries would have been apparent to anyone who saw the child on Friday, February 10th. At no time on that date, nor at any time between when FOSTER left C.LS. and when the paramedics came, did the defendant seek medical care for C.L.S. In 2011, Minneapolis Police and Hennepin Child Protection investigated the defendant for a domestic assault in which the mother of his two-month-old infant was injured and the baby suffered broken ribs. Insufficient evidence was available to prosecute the defendant for this offense. The defendant is not in custody.

5 COMPLAINT SUPPLEMENT Page 5 CCT SECTION/Subdivision M.O.C. GOC O F F E N S E COUNT 1: MURDER IN THE SECOND DEGREE (FELONY) MINN. STAT , SUBD. 2(1) PENALTY: 0-40 YEARS That on or between February 3, 2012 and February 10, 2012, in Hennepin County, Minnesota, KENTAE DENARIO TODD did without intent to effect the death of any person, cause the death of C.L.S., d.o.b , a human being, while committing or attempting to commit the felony offense of Neglect of a Child. COUNT 2: NEGLECT OF CHILD (GROSS MISDEMEANOR) MINN. STAT , SUBD. 1(a)(1) PENALTY: 0-1 YEAR AND/OR $3,000 That on or between February 3, 2012 and February 10, 2012, in Hennepin County, Minnesota, KENTAE DENARIO TODD, a parent, legal guardian or caretaker of a child, A.D., d.o.b , did willfully deprive the child of necessary food, clothing, shelter, health care and/or supervision appropriate to the child's age, when KENTAE DENARIO TODD was reasonably able to make the necessary provisions and which deprivation harmed or was likely to substantially harm the child's physical, emotional and/or mental health. NOTICE: You must appear for every court hearing on this charge. A failure to appear for court on this charge is a criminal offense and may be punished as provided in Minn. Stat THEREFORE, Complainant requests that said 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 S NAME: DATE: Detective Dana Nelson June 7, 2012 PROSECUTING ATTORNEY: NAME/TITLE: COMPLAINANT S SIGNATURE: Being duly authorized to prosecute the offense(s) charged, I hereby approve this Complaint. PROSECUTING ATTORNEY S SIGNATURE: red ADDRESS/TELEPHONE: AMY E. SWEASY (26104x) C2100 Government Center, Minneapolis, MN Assistant County Attorney Telephone: FORM I-2 Rev. 3/94

6 Court Case # This COMPLAINT was subscribed and sworn to before the undersigned this day of, 20. NAME: SIGNATURE: Page 6 TITLE: 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 be taken to obtain Defendant(s) appearance in Court, or his detention, if already in custody, pending further proceedings. The Defendant(s) is/are thereof charged with the above-stated offense. SUMMONS THEREFORE YOU, THE ABOVE-NAMED DEFENDANT(S), ARE HEREBY SUMMONED to appear on the day of, 20 at AM/PM before the above-named court at to answer this complaint. IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued. WARRANT EXECUTE IN MINNESOTA ONLY 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(s) 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 thereafter as such Judge or Judicial Officer is available) to be dealt with according to law. ORDER OF DETENTION Since the above-named Defendant(s) is already in custody; I hereby order, subject to bail or conditions of release, that the abovenamed Defendant(s) continue to be detained pending further proceedings. Bail: $500,000 + CR Conditions of Release: No contact with victim(s)/children; Make all court appearances; Report twice weekly; No contact with codefendant FOSTER or any member of the TODD household. This COMPLAINT- WARRANT duly subscribed and sworn to, is issued by the undersigned Judicial Officer this day of, 20. NAME: SIGNATURE TITLE: JUDGE OF DISTRICT COURT Sworn testimony has been given before the Judicial Officer by the following witnesses: STATE OF MINNESOTA COUNTY OF HENNEPIN Clerk's Signature or File Stamp: STATE OF MINNESOTA Plaintiff vs. KENTAE DENARIO TODD RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this COMPLAINT SUMMONS, WARRANT, ORDER OF DETENTION upon Defendant(s) herein-named. Signature of Authorized Service Agent: Defendant.

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