The Complainant submits this complaint to the Court and states that there is probable cause to believe Defendant committed the following offense(s):

Transcription

1 State of Minnesota County of Dakota State of Minnesota, vs. Plaintiff, JOHN DAVID EMERSON DOB: 04/12/ th Street #210 Rosemount, MN Defendant. District Court 1st Judicial District Prosecutor File No. CA Court File No. 19HA-CR COMPLAINT Order of Detention 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: Assault in the 2nd Degree (Dangerous Weapon) Minnesota Statute: , with reference to: Maximum Sentence: 0-7 Years and/or $4, $14, Offense Level: Felony Offense Date (on or about): 10/11/2015 to 10/11/2015 Control #(ICR#): Charge Description: On or about October 11, 2015, in the County of Dakota, Minnesota, JOHN DAVID EMERSON, did assault another with a dangerous weapon and at the time of offense, the Defendant or an accomplice did use a dangerous weapon, to wit: a knife. 1

2 STATEMENT OF PROBABLE CAUSE On 10/11/15, an officer was dispatched to the intersection of 2nd St W and Vermillion St. Hastings, Dakota County, Minnesota, for a report of an assault. Prior to arrival, dispatch informed the officer the suspect was last seen riding on a motorcycle headed West on 2nd St., but the officer was not able to locate the motorcycle. The officer then met with the reporting party, ASF, who told the officer he had been waiting at the stop light at Highway 10 and Highway 61 in his vehicle, when he saw a motorcyclist pass him on the shoulder. ASF said he pulled forward in his lane because it upsets him when motorcyclists pass people illegally. ASF said the motorcyclist continued South down 61 with ASF and the two vehicles ended up at the stop sign at the intersection of 2nd St W and Vermillion St. ASF said he had words with the motorcyclist and the man on the motorcycle got off and walked over to ASF. He said the man leaned on the window and the two exchanged words. ASF said the man suddenly punched him in the chest and attempted to grab him with both hands. ASF said at this point he opened his door to push the man away. As the man was being pushed back ASF said the man pulled out a knife. ASF said he was afraid at this point and he drove in a quick circle to try and see the license plate on the motorcycle. The man got on his motorcycle and sped off headed West down 2nd St. ASF followed but was unable to see where the man went. ASF described the suspect as roughly 5/9" and 170 lbs with a graying goatee. ASF said the suspect appeared to be in his 50s wearing blue jeans, black chaps, a black bandana, and yellow goggles. The suspect was riding a black Harley Davidson motorcycle which ASF said was a "small one." ASF provided me with a license plate of MN27077, which he believed to be a MN motorcycle plate. The officer did a search on the plate MN27077 came back on file to a 1980 Harley Davidson ROAD-STRT motorcycle registered to John David Emerson DOB: living at 145th Street Rosemount MN Mr. Emerson s physical description in DVS closely matched what had been described by the victim, "5'09" and 170 lbs with a graying goatee." On January 13, 2016, officers drove to the apartment complex living at 145th Street in Rosemount, Minnesota, and executed a search warrant for Mr. Emerson s residence. Officers knocked on the door of the apartment and announced that it was the police with a search warrant. Mr. Emerson opened the door. Officers informed him they had a search warrant. Officers noted Mr. Emerson had a knife and knife holder on the right side of his belt. Officers then showed Mr. Emerson the search warrant and explained to him 2

3 what they were looking for. He immediately began reading through the list and told officers where each of the items was located. Officers then read Mr. Emerson his Miranda Rights, and he stated he understood. He agreed to speak with the officers. Officers asked him if he remembered an altercation occurring in Hastings in the fall, and he said he did. He immediately said "the guy was nuts," and the driver tried to run him off the road. He said he was riding alongside another motorcyclist but he did not know that person or who he was. Mr. Emerson said the altercation began north of Hastings as he was coming out of Wisconsin toward Highway 61. He specifically said they were at the light near the gas station at Highway 61. He said there was a long line of traffic waiting at the light so he and the other motorcyclist went around the traffic. Mr. Emerson was asked why they did that, he said "on a motorcycle, you have to because it overheats otherwise." He said "everyone knows that." He said the male in the vehicle got upset and tried to run him and the other motorcyclist off the road. He said the male driver said he was mad because the two motorcycles had tried to cut him off. When they were waiting at the light, Mr. Emerson said he pulled up alongside the vehicle and started yelling at the male. He said the male driver was yelling back at him. When the light changed, he said he rode away but the male in the vehicle began following him on Highway 61 into Hastings. He said he turned off of Highway 61 right after the bridge to a road that will bring you back to Rosemount. He said the male driver stopped at the same intersection. Mr. Emerson said he then got off of his motorcycle and approached the vehicle. He said he asked the driver, "what the hell is the matter with you?" He said the driver started screaming at him. He said he then got back on his motorcycle to leave, and the male did a U-Turn and tried to run him over again. Mr. Emerson said he then left the area on his motorcycle. He said he did not report anything to police because he got away. He said the male tried to get out of his vehicle at one point. He said he could see how big the male was so he shut the vehicle door on him so he could leave. Mr. Emerson said he was wearing his leather jacket and his chaps. He showed officers where his leather jackets were hanging and his leather chaps were stored. He then showed a pair of yellow googles at the end of his hallway. He said those were the goggles that he was likely wearing. He said he was likely wearing the knife on his belt but the knife never came out of its holster. Mr. Emerson said when he slammed the door; his hands slipped off the door frame and went into the vehicle. He said the male driver ducked, and he did not hit him. He said he did not intend to strike the male driver. He also said it was reasonable that the male might have thought that he was trying to hit him. The knife was a folding knife, approximately three inches in length. Mr. 3

4 Emerson indicated it was the knife that he was likely wearing. 4

5 SIGNATURES AND APPROVALS 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 declares under penalty of perjury that everything stated in this document is true and correct. Minn. Stat ; Minn. R. Crim. P. 2.01, subds. 1, 2. Complainant James Rgnonti Electronically Signed: Lieutenant 150 E 3rd St Hastings, MN Badge: /14/ :10 PM Dakota County, Minnesota Being authorized to prosecute the offenses charged, I approve this complaint. Prosecuting Attorney G Paul Beaumaster Assistant Dakota County Attornery 1560 Hwy 55 Hastings, MN (651) Electronically Signed: 01/14/ :08 PM 5

6 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 Defendant s detention, if already in custody, pending further proceedings. Defendant is therefore charged with the above-stated offense(s). SUMMONS THEREFORE YOU, THE DEFENDANT, ARE SUMMONED to appear on, at AM/PM before the above-named court at 1560 W Highway 55 Dakota County Judicial Center, Hastings, MN 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 X 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, duly subscribed and sworn to or signed under penalty of perjury, is issued by the undersigned Judicial Officer as of the following date: January 14, Judicial Officer Cynthia McCollum Judge of District Court Electronically Signed: 01/14/ :18 PM Sworn testimony has been given before the Judicial Officer by the following witnesses: COUNTY OF DAKOTA STATE OF MINNESOTA State of Minnesota Plaintiff vs. John David Emerson Defendant LAW ENFORCEMENT OFFICER RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this Order of Detention upon the Defendant herein named. Signature of Authorized Service Agent: 6