State of Minnesota, MN PLAINTIFF, VS. NAME: first, middle, last GERRET DANIEL PARKS

Transcription

1 State of Minnesota County of Hennepin CCT LIST CHARGE STATUTE ONLY MOC GOC A1143 N P1112 N P1112 N P1112 N P1112 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 GERRET DANIEL PARKS 8751 HARRISON ROAD 801 BLOOMINGTON, 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- 8/25/72 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: Complainant, Nick Melser, of the Bloomington Police Department, has investigated the facts and circumstances of this offense and believes the following establishes probable cause: Between December 29, 2011 and February 27, 2012, Bloomington Police have received fourteen reported crimes of damage to vehicles from objects being thrown at moving vehicles on Normandale Boulevard, between 84 th Street and 98 th Street, Bloomington, Hennepin County, Minnesota. Most of the incidents were reported as an object hitting the front of the victim vehicle and causing significant damage. Several of the victims reported that the object came from the driver s side of an oncoming suspect vehicle. The incidents are described as follows: In late December, Victim M.D. was southbound on Normandale Boulevard, in the inside lane near Northwood Drive when an unknown heavy object struck his vehicle. Victim M.D. remembered two cars had just passed him traveling northbound. Victim M.D. stated he believed someone from an oncoming vehicle threw something causing the damage. On January 18, 2012, at approximately 5:15 a.m., Victim W.K. was traveling northbound on Normandale Boulevard near Northwood Ridge in the inside lane when his vehicle was struck by a Holiday Pantry one gallon water jug. Victim W.K. advised that he had passed a vehicle traveling southbound when the water jug hit his vehicle. Victim W.K. could not provide a description of the vehicle. The water jug was recovered by Bloomington Police. On February 4, 2012, at approximately 12:17 a.m., Victim N.K. was traveling southbound on Normandale Boulevard between 94 th Street and 98 th Street, when her vehicle was hit with an anvil-shaped object. This item was recovered in the radiator portion of her vehicle when the vehicle was repaired. Bloomington Police took custody of the object. It was about the size of a baseball and weighed several pounds. It appeared to have been cut from another larger object. Victim N.K. further reported that after speaking with her passenger about the incident, she recalled that she was passing FORM-J REV. 12/95

2 GERRET DANIEL PARKS (CCN: ) Page 2 an oncoming vehicle at the time her vehicle was struck and believes the item was thrown from the driver s side of that vehicle. The damage repair total for N.K. s vehicle is $2, On February 6, 2012, at approximately 6:30 p.m., Victim L.G. was in the area of 90 th Street and Johnson Avenue when his vehicle was struck by a Bartles and James liquor bottle thrown from an oncoming vehicle. There was damage to his Schwan s truck on the front hood and grill. On February 6, 2012, at approximately 8:23 p.m., Victim D.S. was traveling southbound on Normandale Boulevard near Mt. Normandale Drive when he observed an item thrown from an oncoming northbound vehicle. It was later determined that the item was a box of baking soda. On February 6, 2012, at approximately 8:30 p.m., Victim C.E. was traveling southbound on Normandale Boulevard approaching 94 th Street when she observed something in the air strike her vehicle. The object was later determined to be a glass bottle which shattered and was not recovered. On February 7, 2012, at approximately 8:00 p.m., Victim T.S. was traveling southbound on Chalet Road from 84 th Street when a vehicle passed him northbound and he heard a large thud on the driver s side of his car. He returned home to find damage to the driver s side of his car. He returned to the area the next day and located a large rock that he believes may have been the item thrown at his vehicle. On February 7, 2012, at approximately 10:15 p.m., Victim S.W. was traveling southbound on Normandale Boulevard near Mt. Normandale Drive when his vehicle was struck by one half of a 15 pound hex dumbbell that had been cut in half. Victim S.W. remembered passing an oncoming vehicle at the time the dumbbell was thrown. On February 8, 2012, at approximately 3:00 a.m., Victim Z.P. was traveling northbound Normandale Boulevard near Mt. Normandale Drive in the inside lane when he observed an 8 x 8 rock thrown from an oncoming vehicle. Victim Z.P. further reported that the rock bounced and he drove over it, causing damage to his exhaust and oil pan. He further reported that he observed two water jugs near where the incident occurred but does not believe those items were thrown at his vehicle. Z.P. described the vehicle as a dark colored four-door SUV. On February 9, 2012, at approximately 10:30 p.m., Victim J.W. was traveling southbound on Normandale Boulevard near 94 th Street when his vehicle was struck with a mechanical part similar to an electrical rotor. This item weighed several pounds and was recovered by Bloomington Police. On February 13, 2012, at approximately 9:47 p.m., victim E.M. was traveling northbound on Normandale Boulevard near Norman Ridge when his vehicle was struck by an item described as a gallon size water jug thrown from an oncoming vehicle. On February 15, 2012, at approximately 10:15 p.m., Victim T.K. was traveling southbound on Normandale Boulevard between 94 th Street and 98 th Street when an unknown item struck his vehicle. On February 16, 2012, at approximately 8:00 p.m., Victim C.H. was traveling northbound on Normandale Boulevard near 84 th Street in the left lane when her vehicle was struck by a blue metal pipe thrown from an oncoming vehicle. C.H. further reported that she believed the oncoming vehicle was an SUV of some sort. The item pipe was located in the street and the victim vehicle had blue paint transfer on it. On February 27, 2012, at approximately 7:15 p.m., Victim J.S. was traveling southbound on Normandale Boulevard at Mt. Normandale Drive in the inside lane when a bench vise came through his windshield, hit the steering wheel and then struck J.S. in the face, breaking his jaw and nine of his teeth. On February 29, 2012, your Complainant received this case and interviewed J.S. He stated that he did not remember much about the incident and believes he may have lost consciousness. J.S. remembered a loud bang and then being hit in the face. Your Complainant then interviewed the passenger in J.S. s vehicle, Witness A, who reported that they had

3 GERRET DANIEL PARKS (CCN: ) Page 3 been traveling mph and that J.S. lost conscious for approximately one minute after being hit with the vise and he (Witness A) had to grab the steering wheel and pull the emergency brake to stop the vehicle. Your Complainant looked at the water jug that had been recovered in the January 18 th incident and determined that it might have been recently purchased as it was still sealed. Your Complainant then requested video from the Holiday Gas Station located at 8331 Normandale Boulevard, which is approximately six blocks from where W.K. was struck by the water jug. Management from the gas station were able to determine that a water jug was purchased on January 18 th at 4:44 a.m. and was purchased with premium gasoline and eggs. Video depicted a white male making the purchase and the receipt indicated that a Holiday credit card in the name of J.A.P. was used to make the purchase. Your Complainant looked at the video and recognized the individual making that purchase as GERRET DANIEL PARKS, Defendant herein. Your Complainant also knows from previous investigations that J.A.P. is Defendant s mother. Your Complainant knows from prior investigations that the Defendant drives a 2005 BMW X5, MN License No. 663 HPH, which registers to J.A.P. Your Complainant is also aware that the Defendant was charged in 1994 with damage to property following a series of incidents where he rode around in a vehicle using a wrist rocket and BB gun to shoot out windows of vehicles, homes and businesses. Defendant also has a conviction for first degree damage to property from 1997 out of Eden Prairie. On March 2, 2012, your Complainant executed a search warrant at Defendant s home. Defendant was present and admitted to throwing away a 15 pound dumbbell a couple of weeks prior. He also stated that he had thrown away a vise one week prior. Defendant described this object as an old one from the 60s or 70s. Defendant also stated that he threw away tons of pipes. He stated that these items had belonged to his father, who died in Your Complainant seized a sweatshirt matching the one Defendant wore on January 18 th when he purchased the gallon jug of water at the Holiday station, two 30 pound dumbbells matching the 15 pound dumbbell that was recovered from the February 7 th incident, and a receipt from Cub Foods in Bloomington for a purchase of Bartles and James Pomegranate Raspberry Wine. This receipt showed a date of February 6, 2012 at 7:36 p.m. Your Complainant obtained video from the Cub Foods store, which showed the Defendant purchasing the Bartles and James wine. Following the execution of the search warrant, your Complainant placed the Defendant under arrest and transported him to the Bloomington Police Department where he was interviewed after being advised of his Miranda rights. The Defendant stated that he had been throwing away his dad s old items week by week, into a garbage can. Your Complainant showed the Defendant pictures of the anvil shaped object from the February 4 th incident and he stated he threw the item away three to four weeks prior. Your Complainant showed the Defendant a picture of the object that looked like an electrical rotor from the February 9 th incident and the Defendant stated he threw that item away two weeks prior. Your Complainant showed the Defendant a picture of the 15 pound dumbbell that was recovered from the February 7 th incident and the Defendant stated that his father had cut it in half and he had thrown it out about two months prior. When asked how these objects came to be thrown at vehicles, the Defendant stated that an ex-friend named Laurie must have come by and stolen the items out of his trash can and is setting him up. Your Complainant then asked the Defendant about the January 18 th incident with the Holiday Pantry water jug. The Defendant denied being out between the hours of 2:00 and 6:00 a.m. on any night in January. Your Complainant then confronted the Defendant with the video and receipt evidence from January 18 th at 4:44 a.m. and the Defendant suddenly remembered being out and buying those items, but stated he went immediately back home. When informed that the water jug he purchased was the one thrown at W.K., the Defendant stated that he set it outside to get cold and that someone must have stolen it. When asked about the February 6 th incident involving the Bartles and James wine bottle, the Defendant stated he doesn t even like Bartles and James wine. Your Complainant showed the Defendant the receipt and the Defendant began to cry.

4 Page 4 GERRET DANIEL PARKS (CCN: ) On March 3, 2012, while the Defendant was still being held at the Bloomington Police Department Jail, your Complainant learned that the Defendant was feeling suicidal and wanted to talk to someone. Your Complainant went to the Defendant s cell and found that he had used a zipper on his pants to slit both of his wrists, which required stitches. The Defendant was then transported to Hennepin County Medical Center and then to the Hennepin County Jail where he posted $50,000 bond and was released on March 4, 2012, at 1:21 a.m. On March 4 th, your Complainant learned that the Defendant had been spotted in St. Croix Falls, Wisconsin driving his BMW X miles per hour in a 35 mph zone. Officers pursued the Defendant for approximately one and a half miles before he stopped for them. Defendant then fought with officers and was arrested for fleeing police officers, DWI and resisting arrest. The Defendant told one of the arresting officers that he had been drinking heavily and was thinking of driving off the bridge to kill himself. Defendant also mentioned that he had been arrested in Minnesota for throwing something through the windshield on another vehicle. Defendant posted bond in Wisconsin and was released. On March 5 th, Bloomington Police received a report of an incident that occurred on January 3, 2012, at approximately 10:30 p.m. Victim P.K. was driving westbound on East Bush Lake Road when a vehicle driving eastbound passed him and an object struck the front of his vehicle. P.K. described the vehicle as a dark colored SUV. The Defendant is out of custody. Despite having previously posted bond in this case, the State seeks a warrant with high bail due to the Defendant s actions after being released on this case. Defendant is a danger to himself as well as the community and high bail is necessary. O F F E N S E COUNT 1: ASSAULT IN THE FIRST DEGREE (FELONY) MINN. STAT , SUBD. 1; , SUBD. 2; PENALTY: 1 YEAR AND 1 DAY-20 YEARS AND/OR $30,000 That on or about February 27, 2012, in Hennepin County, Minnesota, GERRET DANIEL PARKS, using a dangerous weapon, assaulted J.S. and inflicted great bodily harm. COUNT 2: DAMAGE TO PROPERTY IN THE FIRST DEGREE (RISK BODILY HARM) (FELONY) That on or about February 4, 2012, in Hennepin County, Minnesota, GERRET DANIEL PARKS intentionally caused damage to physical property belonging to N.K., without victim s consent and such damage caused a COUNT 3: DAMAGE TO PROPERTY IN THE FIRST DEGREE (RISK BODILY HARM) (FELONY) That on or about February 7, 2012, in Hennepin County, Minnesota, GERRET DANIEL PARKS intentionally caused damage to physical property belonging to S.W., without victim s consent and such damage caused a OFFENSE CONTINUES ON NEXT PAGE

5 COMPLAINT SUPPLEMENT Page 5 CCT SECTION/Subdivision M.O.C. GOC O F F E N S E COUNT 4: DAMAGE TO PROPERTY IN THE FIRST DEGREE (RISK BODILY HARM) (FELONY) That on or about February 8, 2012, in Hennepin County, Minnesota, GERRET DANIEL PARKS intentionally caused damage to physical property belonging to Z.P., without victim s consent and such damage caused a COUNT 5: DAMAGE TO PROPERTY IN THE FIRST DEGREE (RISK BODILY HARM) (FELONY) That on or about February 9, 2012, in Hennepin County, Minnesota, GERRET DANIEL PARKS intentionally caused damage to physical property belonging to J.W., without victim s consent and such damage caused a 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: Nick Melser March 6, 2012 COMPLAINANT S SIGNATURE: Being duly authorized to prosecute the offense(s) charged, I hereby approve this Complaint. PROSECUTING ATTORNEY S SIGNATURE: tmy PROSECUTING ATTORNEY: NAME/TITLE: ADDRESS/TELEPHONE: DEBORAH L. RUSSELL (242998) 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); No contact with witness(es); No contact with address of the offense or home/work of victim(s) and witness(es); No use of drugs/alcohol; Random Ua s; No possession of weapons; Make all appearances; Remain law abiding 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. GERRET DANIEL PARKS 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(s).