Said acts constituting the offense of Murder in the Second Degree in violation of MN Statute: (1) Maximum Sentence: 40 years.

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1 STATE OF MINNESOTA COUNTY OF RAMSEY Page: 1 of 9 DISTRICT COURT SECOND JUDICIAL DISTRICT COURT FILE NO.: PROSECUTOR FILE NO.: State of Minnesota, Plaintiff, v. Joseph James Derks (DOB: 02/08/1994) 2042 Hwy 36 E. White Bear Lake, MN 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 6th day of August, 2015, in Ramsey County, Minnesota, the defendant, JOSEPH JAMES DERKS, did unlawfully without intent to effect the death of R.O., while committing or attempting to commit a felony. Said acts constituting the offense of Murder in the Second Degree in violation of MN Statute: (1) Maximum Sentence: 40 years.

2 STATEMENT OF PROBABLE CAUSE Page: 2 of 9 The Complainant states that the following facts establish probable cause: At approximately 2:45 pm on August 6, 2015, White Bear Lake police officers were sent to 2571 Crown Hill Court, White Bear Lake, Ramsey County, on a report of someone who was injured with blood everywhere. Officers arrived and found JOSEPH JAMES DERKS (DOB: ) waving in the road. Derks brother, JD (DOB: ), sat in the driveway along with four others. A man held a belt around JD s right leg where there was a 4 5 long cut. As police approached the group, Derks sobbed, and said, I stabbed him. Police held onto Derks hands as he collapsed onto the driveway next to his brother. When asked if he had stabbed his brother, Derks replied that he had stabbed the other guy in the back of the head and he thought he had killed the man. Derks said the man wouldn t stop choking JD so he stabbed the man. JD interjected that the other guy wouldn t let go of him. A neighbor then told police that there was a dead man in the basement. The neighbor said he had gone into the home to check on the man, and the neighbor was sure the man was dead. The neighbor pointed out a black hunting knife with a 6 blade on the driveway behind JD. The neighbor said it was the knife that Derks had been holding. The brothers said they knew the dead man as Ole a friend of their father. Officers entered the home and found RO (DOB: ) lying face-down on the floor of a basement bedroom. A large pool of blood approximately 10 in diameter had coagulated under RO s head. RO had a slice across the base of his neck and the back of his head and multiple smaller lacerations on his neck and back. Officers turned RO over and felt a weak brachial pulse under his arm. Medics were called but by the time they arrived RO was no longer breathing and no longer had a pulse. RO was pronounced dead at the scene. JD said he had been in a fight with one of his father s friends. JD was being choked and his brother stabbed the man in the back. The man rolled off the bed and wouldn t stop choking or let go of JD. JD was stabbed during the incident. Derks repeatedly apologized while waiting for medics to arrive. At one point he yelled, I m sorry, dad! Derks was overheard on a phone call saying, Grandma, I just killed Ole, and I stabbed [JD] in the leg on accident. While at the scene, Derks told police that he had received a call from JD who said that Ole was at the house and refusing to leave. JD asked Derks to come to the home and he did. When JD went downstairs, he saw JD s girlfriend crying, and she asked Derks for help. Derks went around a corner and saw that RO had JD in a choke hold. Derks stabbed RO with a knife that he had with him. Derks said he stabbed RO a lot in the back because RO wouldn t let go of JD. He accidentally stabbed JD while defending him. Officers spoke to JB who knew RO through her boyfriend. RO and JB had arrived at the White Bear Lake address in order to pick up Jimmy, Derks father, for an appointment. RO was going to take Jimmy to the appointment and then drop JB off at her boyfriend s home. When they arrived, Jimmy became mad because RO was late. When they got into the car, RO discovered his vehicle needed gas. Jimmy yelled because he was tired of RO doing things like this. Jimmy got out of the car, got into his own vehicle, and drove himself to his appointment.

3 Page: 3 of 9 JD got mad and yelled at RO for letting his sick father down. JD kicked and hit the outside of the home and yelled. RO gave JD a bear hug in what JB thought was an effort to calm JD down. JD told RO to get out of the house, and RO went inside to pack his things with JD. JB remained waiting outside. Jimmy called RO s phone which was in his car, and JB answered it. Jimmy said he was sending someone over to get RO out of his home. A short time later, Derks and another skinny white male arrived. Both men got out of a car with knives in their hands when they entered the home. When Derks, JD, and the other man emerged from the home they were all covered in blood. They told JB to get out of there. JB started to leave and they told her they planned on saying that RO was trying to rob them. JB decided to stay at the scene. Officers spoke to a neighbor DS who said he saw RO and JD arguing in front of the home. The two were screaming and hollering at each other chest-to-chest. JD broke things in the front yard and screamed at RO. RO blew JD off and placed two bags in the trunk of a car. JB yelled at JD to leave RO alone since they were leaving. RO then walked back into the house and went downstairs. DS saw JD grab a large socket wrench and pace in front of the house while very angry. JD went into the home with the socket wrench and went downstairs. Within a minute of JD entering the home, Derks arrived in a blue vehicle. DS saw the driver exit with a 3 long metal pipe. Derks exited the car while in the process of unsheathing a large black knife. By the time Derks ran into the house, he had the knife out. Officers found a large socket wrench on the basement floor. Officers spoke to JD s girlfriend, EJ, at the scene. EJ said Ole and JB showed up at the house. She thought they were there to pick up Ole s clothes, but EJ wasn t sure. When Ole arrived he said something to the effect of fuck your family to JD. JD became angry and told Ole to leave. While Ole was grabbing his clothes, JD was yelling at him to leave. Ole grabbed JD and began to choke him. JD yelled to EJ that he was being choked and she should get the knife. EJ went outside to get away from everything after Derks entered with the knife. EJ heard JD scream about his knee being hurt, and she heard Ole say, You killed me. You killed me. Both JD and Derks ran upstairs and yelled for neighbors to call an ambulance. When Derks emerged from the basement he was carrying the knife. EJ went back inside to try to provide aid to Ole, but he was bleeding too much for her to stop it. Derks was arrested and transported for an interview. JD was taken to the hospital to be treated for his injury. While at the hospital, JD reluctantly agreed to speak to police. JD got a phone call from his father. His father told JD to tell RO to pack up and get out. When JD conveyed the message, RO became upset and it appeared like they were going to fight so he went into the front yard and called Derks for help. JD reentered and had an altercation with RO. RO pinned JD on a bed and put him in a choke hold. JD had difficulty breathing and told his girlfriend to get a knife. RO responded by choking him harder, and JD thought RO was going to kill him. Derks then appeared and stabbed RO several times until RO let go of him. Derks was advised of his constitutional rights and agreed to speak to police. He said he received a call from JD who said he needed help with RO because RO wouldn t leave. It sounded like JD needed help so Derks and his friend, AV, left AV s apartment. Derks grabbed a military-style fighting knife and a wooden club from his car before getting into AV s car and driving to his father s house.

4 Page: 4 of 9 When he entered, Derks found RO had JD pinned to a bed in the basement. RO was choking JD. Derks told RO to let JD go. Derks jumped on top of RO and stabbed RO s neck, head, and back. Derks continued to stab RO until JD was able to push RO off of him. RO died as a result of exsanguination from multiple stab wounds. NOTICE: Pursuant to Minnesota Statute , subd. 1 (a) A person charged with or convicted of a felony and released from custody, with or without bail or recognizance, who intentionally fails to appear when required after having been notified that a failure to appear for a court appearance is a criminal offense, or after having been released on an order or condition that the releasee personally appear when required with respect to the charge or conviction, is guilty of a crime for failure to appear and may be sentenced to not more than one-half of the maximum term of imprisonment or fine, or both, provided for the underlying crime for which the person failed to appear, but this maximum sentence shall, in no case, be less than a term of imprisonment of one year and one day or a fine of $1,500, or both.

5 Page: 5 of 9 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: Ryan George 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: 08/07/2015 PROSECUTING ATTORNEY S SIGNATURE: Name: Derek Fitch Assistant Ramsey County Attorney 345 Wabasha Street North, Suite 120 St. Paul, MN /pv Attorney Registration #328339

6 Page: 6 of 9 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: $500, 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. JOSEPH JAMES DERKS 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:

7 FINDINGS OF FACT Page: 7 of 9 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

8 DEFENDANT DATA / CHARGE SHEET ATTACHMENT A Page: 8 of 9 DEFENDANT NAME: JOSEPH JAMES DERKS DOB: 02/08/1994 Defendant alias name(s): Joseph Derks Alias DOB(s): Defendant last known address: 2042 Hwy 36 E. White Bear Lake, MN State ID: Fingerprint ID: MN14H FBI ID: AE6 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 Property Damage check all that apply Personal Injury Fatality Blood Alcohol Concentration (BAC):

9 Page: 9 of 9 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 08/06/2015 Charge (1) Murder - 2nd Degree - Without Intent - While Committing a Felony F H2832 N White Bear Lake Police Dept. ORI - MN CN Charging