ARLENE PRISCILLA GARCIA

Transcription

1 Page: 1 of 8 STATE OF MINNESOTA COUNTY OF RAMSEY DISTRICT COURT SECOND JUDICIAL DISTRICT COURT FILE NO.: PROSECUTOR FILE NO.: State of Minnesota, Plaintiff, v. Arlene Priscilla Garcia (DOB: 02/20/1959) 291 Aurora Ave. St. Paul, MN 55117, FELONY CRIMINAL COMPLAINT Summons Warrant Order of Detention Amended Certified Juvenile EJJ 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 On or about the 30th day of January, 2013, in Ramsey County, Minnesota, the defendant, ARLENE PRISCILLA GARCIA aka ARLENE PRISCILLA MILLER, did unlawfully cause the death of MLU, as a result of operating a motor vehicle in a negligent manner while under the influence of alcohol and/or a controlled substance. Said acts constituting the offense of Criminal Vehicular Homicide in violation of MN Statute: (2); a(a) Maximum Sentence: 10 years or $20,000 fine, or both. COUNT 2 On or about the 30th day of January, 2013, in Ramsey County, Minnesota, the defendant, ARLENE PRISCILLA GARCIA aka ARLENE PRISCILLA MILLER, did unlawfully cause the death of MLU, as a result of operating a motor vehicle causing an accident and leaving the scene, failing to immediately stop and remain at the scene until having given the required information or notice in violation of MN Stats or , Said acts constituting the offense of Criminal Vehicular Homicide in violation of MN Statute: (7); a(a) Maximum Sentence: 10 years or $20,000 fine, or both.

2 STATEMENT OF PROBABLE CAUSE Page: 2 of 8 Your complainant is an investigator with the St. Paul Police Department and bases this complaint upon a review of reports and upon his own investigation. On January 30, 2013 at 22:46 hours, Officer Ficcadenti of the St. Paul Police Department responded to the intersection of Payne Avenue and Wells in St. Paul, Ramsey County, Minnesota, on a report of a man down in the middle of the street. Approximately five minutes earlier dispatch received a call about a vehicle striking a person near the intersection of Payne and Case. The male caller stated that he had been hit by a vehicle and was fighting with the suspects. Squads checked that area for a victim with negative results. Ficcadenti arrived and located a male, later identified as MLU, DOB, 02/18/1962, on his back about halfway down the road in the middle of Wells, between Edgerton and Payne. He was sprawled out with his arms to his sides and his legs fully extended. His feet were pointing to the east and his head to the west. His shirt was pulled up and his stomach exposed. There was a large pool of blood on the ground near the back of his head. Blood was running out of his nose and mouth. He was unresponsive and was making a gurgling, choking sound. Ficcadenti rolled him on his side to assist his breathing. He saw a large, blood-soaked circle on the back of the MLU s head. Ficcadenti also observed a large red injury on his back consistent with road rash. Medics arrived and transported MLU to Regions Hospital. Officer Heroux went to Louie s Bar located at 883 Payne Avenue, near the intersection of Payne and Wells, and interviewed the bartender. He identified a photograph of MLU and stated that he was in the bar with his girlfriend, drinking and verbally arguing at about 2200 hours. The bartender said that they had been drinking at the bar for about 2 hours and they were joined by a black female. MLU s female friend became extremely upset and started yelling at him. The bartender told her that she needed to leave. She and the black female left out the back door at about 2300 hours. MLU then followed them out stating that he needed a ride. Three patrons of the bar stated that the MLU s female friend was acting crazy and was extremely intoxicated. Dispatch advised officers that during the 911 call, the male caller used the name Arlene Miller and gave the license plate of XNG 439, when describing the suspect vehicle. This lists to a white, 1999 Mercury Sable LS. Officers recovered a cell phone on the road next to MLU s body. Dispatch confirmed that it was the phone used to place the earlier 911 call. Sgt. Ken Jensen listened to a recording of the 911 call and heard MLU describe the driver of the suspect vehicle as Arlene Miller, aka as the defendant ARLENE PRISCILLA GARCIA aka ARLENE PRISCILLA MILLER, dob 02/20/1959. MLU also describes the suspect vehicle as a white Mercury Sable, MN Lic. #XNG-439. Jensen heard an argument, a short scuffle between MLU and an unknown person. MLU is heard saying that he is going to stand in front of the car. Then it sounds as if MLU is run over and the call disconnects. Jensen searched the police Records Management System and found several incidents regarding MLU and the defendant and was able to locate a current address for the defendant at 291 Aurora Street in St. Paul. Jensen and assisting officers went to that address and located the suspect vehicle parked at the residence. The defendant was inside of the residence. Officers took her into custody. The keys to the suspect vehicle were

3 Page: 3 of 8 inside of the coat that she wore during transport. She exhibited signs of being extremely intoxicated and had to be held up by officers while she put her boots on her feet. An examination of the underside of the suspect vehicle revealed what appeared to be torn clothing on the passenger side of the vehicle, in front of the right rear tire, attached to the running board area. In a post-miranda interview on January 31, 2013, the defendant admitted to being at Louie s Bar with MLU. She admitted that she drove her Sable to that establishment and that she parked on Wells near the bar. She stated that he had been drinking and running his mouth as usual. Her friend Nola joined them at the bar. She said that she and Nola left and MLU left separately. She claimed that she didn t see him on Wells Avenue after she left the bar. She said that she went with Nola to another bar. She then went home. Later she changed her story and said that MLU fought with an unknown black dude on Wells and the dude kicked his ass and he fell on the ground. Then the dude got into her car and went to the other bar with Nola and her. She denied striking or running over MLU with her vehicle. On February 1, 2013 Jensen and Sgt. Bill Haider located and interviewed the female who was with the defendant and MLU during the evening hours of January 30 at Louie s. She identified herself as NDT, DOB 02/15/1972. She said that she was drinking and visiting with the defendant and MLU at the bar. They began to argue. They left the bar together and a young, black male from the bar left with them. The defendant and MLU continued to argue. They made it to the defendant s car, which was parked on Wells. MLU kicked the car at one point. The black male pushed MLU down, but MLU got up again. She said that MLU had his cell phone in his hand. By this point, the defendant was behind the wheel of the car and NDT was in the passenger seat. As the car started to move, MLU jumped in front of the vehicle and ended up on the hood of the vehicle. The defendant continued to drive. She ran over MLU. The defendant did not stop driving until she got to the Rice Street area. NDT was so upset that she got out of the car and walked to Lonettie s Bar. The defendant told NDT that she had called NDT s daughter, who lives near Louie s, and that the daughter said that the defendant was fine and that he had knocked on her door after the incident. In an interview with NDT s daughter, she stated that she told the defendant that the police knocked on her door. The defendant died from his injuries during the evening of January 31, Sgt. Michael Wortman attended the autopsy conducted by the Ramsey County Medical Examiner s Office, which documented that MLU suffered a massive hemorrhage to the back of his head and a skull fracture. The majority of his injuries were to his right side, and his injuries were consistent with a low-speed pedestrian and motor vehicle collision.

4 Page: 4 of 8 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 S NAME: Kenneth Jensen COMPLAINANT S SIGNATURE: Subscribed and sworn to before the undersigned this day of, 20. NAME/TITLE: SIGNATURE: Being authorized to prosecute the offenses charged, I approve this complaint. Date: 02/01/2013 PROSECUTING ATTORNEY S SIGNATURE: Name: Steven J. Pfaffe Assistant Ramsey County Attorney 50 West Kellogg Blvd, #315 St. Paul, MN /mc Attorney Registration #169274

5 Page: 5 of 8 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. SUMMONS THEREFORE YOU, THE ABOVE-NAMED DEFENDANT, ARE HEREBY SUMMONED to appear on the day of, 20 at 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 MN Only Execute Nationwide Execute in Border States 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 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 as such Judge or Judicial Officer is available to be dealt with according to law. 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: $100, Conditions of Release: This complaint, duly subscribed and sworn to, is issued by the undersigned Judicial Officer this day of, 20. JUDICIAL OFFICER: NAME: TITLE: SIGNATURE: Sworn testimony has been given before the Judicial Officer by the following witnesses: Clerk s Signature or File Stamp: COUNTY OF RAMSEY STATE OF MINNESOTA STATE OF MINNESOTA vs. ARLENE PRISCILLA GARCIA Plaintiff, Defendant. RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this COMPLAINT upon the Defendant herein named. Signature of Authorized Service Agent:

6 FINDINGS OF FACT Page: 6 of 8 Probable cause found that defendant committed the offenses charged. Ordered defendant's motion to dismiss denied. Plea of not guilty to all counts entered. Trial and hearing on all issues set. Dated: JUDGE OF DISTRICT COURT

7 DEFENDANT DATA / CHARGE SHEET ATTACHMENT A Page: 7 of 8 DEFENDANT NAME: ARLENE PRISCILLA GARCIA DOB: 02/20/1959 Defendant alias name(s): Defendant last known address: Catherine Rodriguez Arlene Priscilla Miller Arlene Garcia 291 Aurora Ave. St. Paul, MN Alias DOB(s): State ID: MN Fingerprint ID: FBI ID: R3 St. Paul PD ID: Offender ID: OTHER DEFENDANT / CASE IDENTIFIERS: Fingerprinted? No Yes Handgun permit? No Yes (Issuing Agency: ) Location of violation: IF DRIVING OFFENSE: Driver's License Number: Issuing State: License Plate Number: Issuing State: Accident Type: No injury/no damage check all that apply Personal Injury Blood Alcohol Concentration (BAC): Property Damage Fatality

8 Page: 8 of 8 FELONY WARRANT AND ORDER OF DETENTION COMPLAINT CT OFFENSE NO DATE STATUTE TYPE STATUTE NBR STATUTE DESCRIPTION OFFENSE LEVEL MOC G O C AGENCY ORI CN NBR FUNCTION 1 01/30/2013 Charge (2) Criminal Vehicular Homicide or Operation - Operate Vehicle with Negl- Und Infl Alc/Ctrl Subst Penalty a(a) Criminal Vehicular Homicide or Operation - Death of Human Being or Unborn Child 2 01/30/2013 Charge (7) Criminal Vehicular Homicide or Operation - Driver Who Causes Accident Leaves Scene Penalty a(a) Criminal Vehicular Homicide or Operation - Death of Human Being or Unborn Child F J1311 N St. Paul Police Dept. ORI - MN CN Charging F J1311 N St. Paul Police Dept. ORI - MN CN Charging