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 Hennepin State of Minnesota, vs. Plaintiff, ANTHONY TERELL FORD DOB: 09/03/ Yates Ave N Brooklyn Park, MN Defendant. District Court 4th Judicial District Prosecutor File No. 15A06448 Court File No. 27-CR COMPLAINT Warrant [X] Amended 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: Murder - 2nd Degree - With Intent-Not Premeditated Minnesota Statute: (1), with reference to: (a), (2) Maximum Sentence: 20 YEARS FORD, attempted to cause the death of Victim4, a human being, with intent to effect the death of that person or another, but without premeditation, while using a firearm. COUNT II Charge: Dangerous Weapons-Drive by Shooting toward person, occupied motor vehicle or occupied building Minnesota Statute: e(b), with reference to: e(b), (a) Maximum Sentence: 10 YEARS AND/OR $20,000 FORD while in or having just exited a motor vehicle, recklessly discharged, at or toward a person, Victim4, or another motor vehicle, or a building and the vehicle or building was occupied, using a firearm. COUNT III Charge: Dangerous Weapons-Drive by Shooting toward person, occupied motor vehicle or 1

2 occupied building Minnesota Statute: e(b), with reference to: e(b), (a), , Maximum Sentence: 10 YEARS AND/OR $20,000 FORD acting alone or intentionally aiding, advising, hiring, counseling or conspiring with ZELAR GRAVES or otherwise procures the other to commit the crime while in or having just exited a motor vehicle, recklessly discharged, at or toward a person, Victim1, or another motor vehicle, or a building and the vehicle or building was occupied, using a firearm. COUNT IV Charge: Dangerous Weapons-Drive by Shooting toward person, occupied motor vehicle or occupied building Minnesota Statute: e(b), with reference to: e(b), (a), , Maximum Sentence: 10 YEARS AND/OR $20,000 FORD acting alone or intentionally aiding, advising, hiring, counseling or conspiring with ZELAR GRAVES or otherwise procures the other to commit the crime while in or having just exited a motor vehicle, recklessly discharged, at or toward a person, Victim2, or another motor vehicle, or a building and the vehicle or building was occupied, using a firearm. COUNT V Charge: Dangerous Weapons-Drive by Shooting toward person, occupied motor vehicle or occupied building Minnesota Statute: e(b), with reference to: e(b), (a), , Maximum Sentence: 10 YEARS AND/OR $20,000 FORD acting alone or intentionally aiding, advising, hiring, counseling or conspiring with ZELAR GRAVES or otherwise procures the other to commit the crime while in or having just exited a motor vehicle, recklessly discharged, at or toward a person, Victim3, or another motor vehicle, or a building and the vehicle or building was occupied, using a firearm. COUNT VI 2

3 Charge: Possess Ammo/Any Firearm - Conviction or Adjudicated Delinquent for Crime of Violence Minnesota Statute: (2), with reference to: (b), (b), Maximum Sentence: 15 YEARS AND/OR $30,000 FORD possessed ammunition or a firearm and ANTHONY TERELL FORD has been convicted or adjudicated delinquent in this state or elsewhere of a crime of violence, Aggravated Robbery in the First Degree on 10/7/2010, for which the sentence or court supervision expired on or after August 1, Minimum Sentence: 5 YEARS 3

4 STATEMENT OF PROBABLE CAUSE Complainant has investigated the facts and circumstances of this offense and believes the following establishes probable cause: On or about September 4, 2015, officers of the Minneapolis Police Department responded to a report of shots fired in the area of 45th Avenue North and Lyndale Avenue North in Minneapolis, Hennepin County, Minnesota. A known adult female, Victim1, reported that she was at the McDonald s drive-thru with her two children ages six and eleven (Victim2 and Victim3) in her car. Victim1 reported that her car was rear-ended by another vehicle while she was pulling up to the drive-thru microphone. Victim1 opened her car door to exchange information with the driver of the vehicle. Victim1 then observed a black male later identified ANTHONY TERELL FORD, born 9/3/1994 and defendant herein lean his head, chest, and arm out the driver s side window. Victim1 could clearly see the defendant s face as the parking lot was well-lit. The defendant was yelling at her asking where some people were. Victim1 also saw the passenger of the vehicle later identified as ZELAR GRAVES, born 9/7/1986 and codefendant herein. It appeared to Victim1 that the codefendant was smirking and laughing. Victim1 informed the defendant that her children were in the car. Victim1 got back into her car when she heard five to eight gunshots fired. Victim1 saw the defendants vehicle leave the immediate area. She could still hear screeching tires. Fearing the car was returning for her, Victim1 fled the area. Victim1 made it to her mother s house and had her boyfriend call 911. Victim1 provided a description of the vehicle that had struck her Officers spoke with Witness1, a known male who was working at the drive-thru of McDonald s. Witness1 stated that he observed a black vehicle rear-end Victim1 s vehicle. He then saw the vehicle pull up next to Victim1 s vehicle. Witness1 observed a black male wearing a white tee-shirt yelling at Victim1. Witness1 then saw the male pull out a silver handgun and point it at Victim1. Witness1 closed the drive-thru window and hid within the store after he saw the handgun. Officers also spoke with Witness2, a known male who works at the recycling business next to the McDonald s where the shooting occurred. Witness2 stated that he started his shift at or around 2:45 a.m. A short while later, he heard several shots fired. Witness2 stated that he could see a black car with two people inside in the McDonald s parking lot. He could not specifically identify the two people inside. Witness2 stated that the passenger was wearing a distinctive tee-shirt, which he recognized on the defendant later when she was fleeing on foot. Witness2 stated that the driver was wearing a white tee-shirt and had dreadlocks. Witness2 observed the vehicle driving around the McDonald s parking lot squealing its tires. Witness2 stated that the driver s left arm was hanging out the window holding what can only be described as a gun. The vehicle then drove towards Witness2 and Witness2 heard a crash. The vehicle had crashed into a fence between the recycling business and McDonald s. Witness2 observed officers approach the defendants and order them to stop. When officers arrived at the scene, they found a vehicle crashed through a fence near that abuts the McDonald s parking lot and the parking lot of a recycling business. In the front passenger side of the vehicle, officers located a black and silver, Smith and Wesson hand gun, as well as one spent shell casing. Officers also located two more shell casings on the floor of the vehicle. When the officers found the vehicle, the defendant and codefendant were standing outside of it. As officers approached, the defendant and codefendant fled. Officers were eventually able to detain the defendant and 4

5 codefendant. A show up was conducted and Victim1 positively identified the defendant as the male that shot at her. Officers found multiple shell casings in the parking lot area of the McDonald s. Officers also inspected Victim1 s vehicle. The rear end was scratched up. There was also a bullet hole in the rear end just below the license plate. When officers opened the trunk, a bullet fell out. Officers of the Minneapolis Police reviewed surveillance video from the McDonald s. The video is consistent with witness accounts of what occurred. Upon further investigation, officers learned that the defendant and codefendant were involved in another shooting that had occurred approximately fifteen to twenty minutes earlier in the night. On or about September 4, 2015, at or around 2:50 a.m., officers responded to a report of shots fired on the Hennepin Avenue Bridge. Upon arrival, officers met a known male, Victim4 herein, who was bleeding profusely from his right arm. Victim4 reported that just previously a black, compact vehicle had cut him off near an intersection. The driver of the vehicle, later identified as the defendant, got out of his car and yelled at Victim4 in the street. Victim4 described the defendant as a black male who was approximately twenty to twenty-five years old. Victim4 stated that the defendant had braided/dreadlocked hair that was medium to long length and was wearing a white or close to white colored tee shirt. Victim4 also observed a female passenger with the defendant, but he did not get a good look at her. Victim4 was then driving across the Hennepin Avenue Bridge to pick up a customer when the defendant s car came out of nowhere and approached Victim4 s taxi on the passenger side. Victim4 heard several gunshots and noticed that his window was broken. Victim4 reported that it then got dark. Victim4 pulled over his taxi. Officers observed that Victim4 s taxi cab had sustained damage to the front passenger-side window. Broken glass was on the front passenger seat and on the street. Officers observed four bullet holes in the side of the taxi. One bullet hole was on the passenger side, front quarter panel. Two bullet holes were on the passenger door. One bullet hole was on the back passenger door. Officers spoke with a known doctor who treated Victim4. Victim4 was shot through the right middle forearm. The bullet passed through his arm and had broken one of his forearm bones. Victim4 was also shot in the right thigh area. At the scene officers also spoke with a known female, Witness3. Witness3 reported that she was standing near a parking lot just on the east side of the Hennepin Avenue Bridge. She heard several guns shots west of her coming from the bridge. Witness3 stated that she then observed a black, Chevy Impala driving eastbound on Hennepin Avenue towards her location. The vehicle turned northbound on 2nd Street Northeast and sped off at a high rate of speed. Witness3 stated that the Impala had Minnesota plates, but she could not read the number. Witness3 described the driver as an African American male with a cap on and longer hair. Witness3 stated that she saw a passenger but could not describe her. Finally, Witness3 observed Victim4 s blue taxi on the Hennepin Avenue Bridge and saw police arrive at the scene. Surveillance from Minneapolis s Milestone camera system shows the defendant s vehicle leaving the Gay 90 s parking lot at approximately 2:40 a.m. The video shows a bouncer from Auggie s bar leaning into the passenger side window of the car. The defendant s car then accelerates quickly and blows through a red 5

6 light. Over the next six minutes, the defendant s vehicle is seen cutting off and chasing a blue and white minivan taxi. The video from Hennepin Avenue Bridge also shows the defendant s black Impala driving alongside Victim4 s blue taxi just prior to the shooting. Another camera then captured the defendant speed away as Victim4 swerved within the road and pulled over. Officers spoke with the Auggie s bouncer who leaned into the defendant s car. The bouncer stated that he was talking to the defendant who was driving the vehicle. The bouncer also stated that the defendant was with the codefendant who was the passenger in the car. The description of the defendant s car and the observation of it on surveillance videos matches the vehicle later located at the McDonald s shooting where the defendant and codefendant were found. Officers recovered 9mm shell casings from both shooting locations. The Minneapolis Crime Lab examined shell casings found at McDonald s, the Hennepin Avenue Bridge, and in the defendant s car. All the shell casings are consistent with having been fired from the firearm found in the defendant s vehicle. Officers also reviewed jail calls made during the time frame of September 4, 2015, through September 5, During on phone conversation, the defendant contacts a female and is placed on speaker phone. At the same time, the codefendant had called a female and was placed on speaker phone enabling the defendant and codefendant to have a conversation. The codefendant states that the defendant drove into the back of the lady at McDonald's and had the gun out the window. Later, the codefendant refers to "the taxi cab dude," and states that the defendant "did it cause the taxi driver cut him off." In a separate phone call, the codefendant calls a female who states that another person in the room is talking with the defendant. Through the third party, the defendant asks the codefendant, "Did you get it in the sock?" He also asks, "Did you wipe it?" The defendant is prohibited from possessing firearms as a result of being adjudicated delinquent for Aggravated Robbery in the First Degree (62-JV ). The defendant is currently out of custody. 6

7 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 Sara Metcalf Electronically Signed: Police Sergeant 350 S 5th St Minneapolis, MN Badge: /01/ :29 AM Subscribed and sworn to before the undersigned. Notary Public or Judicial Official Kristine Ann Phelps PST1, County of Hennepin 350 S 5th St Minneapolis, MN Notary ID: Commission expires: 01/31/2017 Electronically Signed: 10/01/ :31 AM Being authorized to prosecute the offenses charged, I approve this complaint. Prosecuting Attorney John Monnens 300 S 6th St Minneapolis, MN (612) Electronically Signed: 10/01/ :59 AM 7

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(s). SUMMONS THEREFORE YOU, THE DEFENDANT, ARE SUMMONED to appear on, at AM/PM before the above-named court at 401 Fourth Avenue S, Minneapolis, MN to answer this complaint. IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued. X 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 X Execute Nationwide Execute in Border States 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: $750, Conditions of Release: No Contact with Victim; Make All Appearances; Remain Law Abiding; No Possession of Weapons; No Contact with Witnesses This complaint is issued by the undersigned Judge as of the following date: October 1, Judicial Officer Hilary Caligiuri Electronically Signed: 10/01/ :00 AM Sworn testimony has been given before the Judicial Officer by the following witnesses: State of Minnesota vs. Plaintiff COUNTY OF HENNEPIN STATE OF MINNESOTA ANTHONY TERELL FORD Defendant Clerk's Signature or File Stamp: RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this Warrant upon the Defendant herein named. Signature of Authorized Service Agent: 8