County of Stearns $T r;l*,qs tfrimnlaint DATE FILED J I\ )J BFNS?S DEF DEFENDANT. OlTense Level. F Hl312 N MN t30t2702

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1 State of Minnesota County of Stearns $T r;l*,qs tfrimnlaint District Court DOMESTIC ASSAUL'I AMENDEDCOil,TPLAINT TAB C}IARGE PREVIOUSLY itjj BFNS?S DATE FILED PROSECUTOR FILE NO. COURT FILE NO. J I\ )J cr CR STATE OF MINNESOTA, DEF PLAINTIFF, FELONY vs. NAME: First, Middle, Last Benjamin Jonathan Lenoir 1276 Wilson Avenue, NPA St. Paul, MN CTM:gml dc DEFENDANT Date ofbirth ct Statute Type Offense Dqfe Statute Number & Description I Charge 3/ts/ Subd. (a)(3);609.05, subd. l; , subd. l;609.11, subd.5(a) Aiding and Abetting, Attempt, Dangerous Weapon - Firearm Murderlst Degree - With Intent - While Committing a Felony' Penaltv 609.l85Murder - lst Depree 2 Charge 3/15/ Subd. (axl);609.05, subd. l; , subd. l;609.11, subd.5(a) Aiding and Abetting, Attempt, Dangerous Weapon - Firearm Murder -lst Degree - Premeditated PenalW 609.l85Murder - lst Desree J Charge 3/r5l Subd. l(2); I, subd. 5(a) Dangerous Weapon - Firearm Possess PistoUAssault Weapon-Conviction or Adjudicated Delinquent for Crime of Violence Penalty Subd. 2(b)Possess Pistol or Semi-Automatic Assault Weapon - Crime of Violence - ineligble under 624.7t3.1(2\ OlTense Level MOC GOC Controlling Asencies Control Numbers F Hl312 N MN t30t2702 F HIHI2 N MNO t30r2702 F w1623 N MN complainant, -\\ctct - K<.* Y-.,.,, ^ "t*rrs!{{"!!j.'officer for the st. cloud police Deparhent, and makes this Complaint and states that there is probable cause to believe that the Defendant committed the following offense(s). The Complainant states that the fol facts establish PROBABLE CAUSE: Cc!^\)C. BQNnn.-\Ct

2 rl On March 15,21l3,officers with the St. Cloud Police Department, Central Minnesota Violent Offender Task Force, and other agencies were dispatched to a robbery and shooting complaint at 412 ltth Avenue North, located in the City of St. Cloud, Stearns County, Minnesota. Dispatch advised that three black males, all dressed in masks and gloves, had broken into the residence, robbed the victim, and ultimately shot him in the head. Officers arrived at the residence and ultimately spoke with the victim, P.C.W., an adult male fully identified in the police reports, who stated that he and his girlfriend, J.L.H., had arrived home just before the shooting occurred. He and J.L.H entered the residence and locked the door behind them before walking up to their upstairs apartment. Shortly thereafter, P.C.W. observed three black males wearing face masks, gloves, and carrying handguns kick in the door and come up the stairs towards him. As the three individuals gained access to the upstairs portion of the apartment, they held him at gunpoint and began looking for valuables, drugs, and U.S. curency. As P.C.W. was being held at gunpoint, he was able to identiff the individual who was directing the actions of the others as Andre Shyron Kidd, DOB: Kidd and P.C.W. were recent acquaintances and he recognized him almost immediately. During the robbery, P.C.W. indicated that Kidd reached into his pocket and grabbed his wallet which contained his identification, several other personal cards, as well as an amount of U.S. crurency. At that time, he stated that Kidd was standing in front of him and another male under the direction of Kidd was right next to him. P.C.W. then observed the male next to Kidd switch the gun from one hand to the other and hit P.C.W. in the head with the handgun. Shortly thereafter, Kidd and the other individuals ordered P.C.W. to get down on his knees and put his hands in the air. At that time, P.C.W. believed they were going to execute him. As P.C.W. was on his knees, he observed the male switch the gun back to his other hand, and heard Kidd telling the individual to "do him, do him." P.C.W. then observed the individual starting to pull the trigger, at which point he immediately flinched, turning his head down and away from the barrel of the fnearm. The firearm went offand P.C.W. felt the bullet hit him in the head. Immediately thereafter, he realized he was still alive and looked up at the individuals as they were running out of the residence. Law enforcement was immediately present in the area and was attempting to locate the suspects. Officers found two sets of tracks in the fresh snow that led away from the victim's residence to 1507 Second Street North, located in the City of St. Cloud, Stearns County, Minnesota. Offrcers then surrounded the residence to attempt to get the suspects to come out. As officers were at the residence, several individuals ultimately came out including the defendant and an individual identified as BENJAMIN JONATHAN LENOIR, DOB: , the defendant herein. Officers ultimately obtained a search warrant for 1507 Second Steet North shortly after Kidd and the defendant exited. A search of the residence produced tle victim's identification, credit cards, several other cards, amounts of U.S. curency, a loaded.380 caliber handgun partially wrapped in a sock, a spent.380 caliber shell casing, and several sets of gloves and ski masks. Offrcers also located one of the shoes that matched the prints coming from the victim's residence next to a jacket with identification belonging to the defendant. The jacket also contained a set of black gloves. Offrcers also compared the boots that Kidd was wearing which matched the other set of tracks coming from the victim's residence. In a subsequent Mirandized statement, Kidd admitted to kicking in the door of the victim's residence and going in. He also admitted that he heard the shot, but claimed that he did not see it. In a subsequent Mirandized statement, the defendant admitted that he had gone to the victim's aparhnent with two other individuals to pwchase marijuana. He ultimately admitted to being inside the apartrnent, hearing the gunshot, and to running from the residence. He also admitted that he had been wearing a mask and gloves and to having handled the firearm that was found. The defendant further admitted that he had shot the recovered firearm recently and had placed a sock over it. Kidd has a prior conviction for a crime of violence, Burglary in the Second Degree, Meeker County District Court File No. 47-CR , sentenced on December 12,2012. The defendant has a prior conviction for a crime of violence, Theft of a Firearm, Benton County District Court File No. 05-CR-ll-766, sentenced on June 22,2011. Complainant has reason to believe and does believe that all of the above information is true and correct.

3 ,^ I Benjamin Jonathan Lenoir Complaint Supplement Page 3 The above facts constitute your complainant's basis for believing that the above-named defendant, on or about the l5th day of March,2013, in the City of St. Cloud, County of Stearns, State of Minnesota, committed the offenses described herein. Count I Charge: Aiding and Abetting, Attempt, Dangerous Weapon - a Felony In Violation of: Subd. (ax3);609.05, subd. l; , subd. 1;609.11, subd.5(a) Penalty: Not less than Three, nor more than Twenty years imprisonment. Firearm Murder-lst Degree - With Intent - While Committing That the defendant, Benjamin Jonathan Lenoir, then and there being, did intentionally aid, advise, hire, counsel, or conspire with or otherwise procure another person to, wrongfully, unlawfully, and feloniously, attempt to cause the death of a human being with intent to effect the death of the person or another, while committing or attempting to commit burglary, aggravated robbery, kidnapping, arson in the frst or second degree, a drive-by-shooting, tampering with a witness in the first degree, escape from custody, or any other felony violation of chapter 152 involving the unlawful sale of a controlled substance, to-wit: attempted to cause the death of P.C.W. while committing or attempting to commit burglary and/or aggravated robbery. Charge: Count 2 Aiding and Abetting, Attempt, Dangerous Weapon - Firearm Murder -lst Degree - Premeditated In Violation of: Subd. (axf); , subd. 1; , subd. l; , subd. 5(a) Penafty: Not less than Three, nor more than Twenty years imprisonment That the defendant, Benjamin Jonathan Lenoir, then and there being, did intentionally aid, advise, hire, counsel, or conspire with or otherwise procure another person to, wrongfully, unlawfully, and feloniously, attempt to cause the death of a human being with premeditation and with intent to effect the death of the person or of another. Count 3 Charge: Dangerous Weapon - Violence In Violation ofz Subd. 1(2); , subd. 5(a) Penalty: Not less than Five, nor more than Fifteen years imprisonment, and/or a $30,fi)0 fine. Firearm Possess PistoUAssault Weapon-Conviction or Adjudicated Delinquent for Crime of That the defendant, Benjamin Jonathan Lenoir, then and there being, did wrongfully, unlawfully, and feloniously possess a frearm, having been convicted, or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, in this state or elsewhere, a crime of violence, to wit: a conviction for Theft of a Firearm from June 22, 201l, as contained in Benton County District Court File No. 05-cR-l l-766.

4 ,^., I Beniamin Jonathan Lenoir Complaint Supplement Page 4 THEREFORE, Complainant requests that said Defendant, subject to bail or conditioned of release be: (I)mrested or that other lawful steps be taken to obtqin Defendant's appearance in court; or : and that said Defendant otherwise be dealt with accordins to lqw. COMPLAINANT'S NAME: <-,. \ u )\CLct-<-. \...<-'---. COMPLAINANT'S SIGNATURE.J'qrr.L, A^--."- This COMPLAINT was subscribed and sworn to before the unders igrred this $ld)r "t t{\\y{v\. 2oB- NAME: Title: jnff*:iffi^ ilirtt*e P.J*l1g March RNEY'S SIGNA PROSECUTING ATTORNEY: NAME/TITLE Chad T May Assistant County Attorney Attorney Registration #: ADDRESS/TELEPHONE Administration Center, Room Courthouse Square St. Cloud, MN s6-3880

5 INDING OF PROBABLE CA From the above sworn facts, and any supporting affidavits or supplemental sworn testimony, I, the Issuing Offrcer, 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. The Defendant(s) is/are thereof charged with the above stated offense(s) f] THSREFORE, You, TI{E ABOVE-NAMED DEFENDANT(S), ARE HEREBY SUMMONED to appear on the day of,20_, at _AM/PM before the above-named court at Room #128, Courts Facility, 815 Courthouse Square, St. Cloud, Minnesota, to answer this complaint. IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued. FARRANN fl sxecure rn MTNNESoTA only I rxpcure NATIoNwIDE fl pxrcure rn BoRDER STATES n to tle 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 abovenamed 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 Offrcer is available) to be dealt with according to law. ROFDETENTIO n Since the above-named Defendant(s) is/are already in custody; I hereby order; subject to bail or conditions ofrelease, that the abovenamed Defendant(s) continue to be detained pending further proceedings. Bail: Conditions of Release: This Compraint;]dty,ilY3"O and sworn to, is issued by the undersigned Judicial Officer this 16- day of NAME: TITLE: C".,Ltfc* has been before the Judicial Officer the fol wrmesses: STATE OF MIIINESOTA, COUNTY OF STEARNS or File Stam STATE OF MINNESOTA Plaintiff vs Benjamin Jonathan Lenoir Defendant(s)