State of Minnesota, MN PLAINTIFF, VS. NAME: first, middle, last DYMOND RENE HAYDEN

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1 State of Minnesota County of Hennepin CCT LIST CHARGE STATUTE ONLY MOC GOC H2011 N W1643 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 DYMOND RENE HAYDEN 3014 HUMBOLDT AVE N MINNEAPOLIS, 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- 5/27/92 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, Dawn Orgon, of the Brooklyn Park Police Department, has investigated the facts and circumstances of this offense and believes the following establishes probable cause: On April 10, 2012, at approximately 11:40 p.m., Brooklyn Park police were dispatched to an address in Brooklyn Park, Hennepin County, Minnesota, on a report of a stabbing in the basement of the home. Upon arrival, they met with one of the homeowners, S.C., who was at the door with his small child. Officers could hear people yelling for help in the basement and proceeded down the stairs. Officers observed a bedroom doorway and saw a man, subsequently identified as DYMOND RENE HAYDEN, DOB (Defendant herein), in the room. The officers ordered the Defendant to show his hands and he refused, instead saying he needed help. Officers moved the Defendant out of the way and observed the victim, A.N.F., lying on the floor. The victim s sister, T.D.C., was also in the room and visibly distraught. Officers observed that the victim was lying on her left side with a pillow under her head. She was wearing a shirt and panties, but no other clothing. Officers could see an area of blood on her back. They began to administer aid to the victim, and were able to observe that her upper left chest also had a wound that was bleeding. Both police and paramedics attempted to revive the victim, but they could not get a pulse, and the victim was declared dead at the home. An autopsy revealed that she died of a single gunshot wound which entered the left side of her chest and exited the right side of her back Officers learned that the Defendant came upstairs asking T.D.C. and S.C. to call 911 after the firearm discharged and killed the victim. The Defendant was ordered to place his hands in the air and was reluctant to obey the officers commands. As officers were placing the Defendant s hands behind his back, they noticed a small folding FORM-J REV. 12/95

2 DYMOND RENE HAYDEN (CCN: ) Page 2 knife on the coffee table. The Defendant moved toward the knife, prompting police to bring him to the ground. The Defendant then said, Oh my God. What did I do? The Defendant appeared to be having difficulty breathing and was transported to North Memorial for medical treatment. He indicated he was having an asthma attack. The Hennepin County Crime Lab was contacted to process the scene, and to collect evidence from the Defendant. Because officers did not know how the victim had been shot at this point, they made plans to test the Defendant s hands for gunshot powder residue at the hospital. When the Defendant was advised that his hands would be swabbed for gunshot residue, officers observed him rub both his hands on his pants and inside his pockets. Officers subsequently processed the scene at the home as well, and found a bullet fragment and a shell casing in the area where the victim was found. However, no firearm was found in the home. After the Defendant received medical treatment, he was transported to the police department where he was advised of his rights and provided a statement. He told police that the victim had purchased a gun for her own safety. He indicated that he heard her in the bedroom handling the gun, and then heard a gunshot. When he entered the room, he saw the victim on the floor, bleeding from a self-inflicted gunshot wound. When confronted with the implausibility of the story based on the location of the shell casing, the Defendant changed his story and said he was handling the gun, and that the magazine with the rounds was out of the gun. He was looking at the inside of the gun, turning it around and over in his hand, when it accidentally discharged and killed the victim. Officers spoke with T.D.C., who indicated that she was permitting the victim and the Defendant to stay in their home for a while. Her husband, S.C. and their daughter were sleeping upstairs when she heard a loud scream, followed by a loud pop. Soon after she heard the loud pop, the Defendant came running up the stairs and said Call 911, Call 911. The Defendant said to her, The gun went off. We were playing with the gun, and tried to give her a hug. T.D.C. immediately went to her sister to try to assist her, but she did not respond. T.D.C. told police she believed that the victim and the Defendant had been having relationship issues for some time. The victim had told her that the Defendant had gotten physical with her twice before, by pulling her hair and grabbing her by the shoulders. T.D.C. said earlier that evening, the victim had came home and appeared distraught. The victim told her that the Defendant was getting on her nerves that day and she needed some space from him. The victim had brought her pillow up earlier because she had wanted to sleep upstairs, but changed her mind and went back downstairs. Officers also spoke with S.C., the victim s brother-in-law. He indicated that he and his wife, T.D.C., permitted the Defendant and the victim to stay with them until they found a place of their own. Earlier in the night, he heard the victim and the Defendant fighting, and the victim said she just needed some space, and that the Defendant would not leave her alone. He indicated that the Defendant and the victim fought daily. That evening, he and T.D.C. and their child all fell asleep in the upstairs bedroom and were awakened by the Defendant yelling Call 911! His wife went running down the stairs and he heard her say Just hang on! S.C. didn t know what had happened, so he told police there was a stabbing so officers would respond quickly. Officers scoured the neighborhood searching for the firearm, to no avail. During S.C. s interview, he indicated that while he was on the phone with the police, he observed the Defendant come up the stairs and leave the home for approximately 2 minutes. The Defendant then came back into the home, but left again for approximately 3 minutes. Based on this information, officers asked the Defendant if he knew the whereabouts of the gun, as they were concerned for public safety if the gun could not be found. The Defendant admitted he discarded the firearm when he left the house before police came by throwing it in some bushes at the end of their cul de sac. He agreed to show the officers where he threw the gun. Officers subsequently located the gun in some bushes, with the magazine removed. The Defendant claimed he was worried about getting in trouble for having the firearm. He is currently on probation for carrying a pistol without a permit, and was previously adjudicated delinquent for Criminal Sexual Conduct in the Second Degree in 2005.

3 Page 3 DYMOND RENE HAYDEN (CCN: ) Officers also spoke with a friend of the victim s, W.C. W.C. indicated that she was very close to the victim and spoke with her frequently. W.C. said that she had tried to get the victim to leave the Defendant because their relationship had become violent. Twice, she noticed the victim had broken blood vessels in her eye that the victim said had come from the Defendant poking her in the eye. W.C. was also aware of the incidents where the Defendant pulled the victim s hair and grabbed her by the shoulders. W.C. was on the phone with the victim the evening she died, as the victim was running to Culver s for food. The Defendant repeatedly beeped in on their conversation, and the victim did not pick up. When the victim got back to her home shortly after 9:00 p.m., W.C. was still on the phone with the victim and heard the Defendant screaming at the victim that she didn t pick up her phone and he may have wanted to change his order. He yelled and swore at the victim calling her Bitches and saying I can t stand you. W.C. said she had told the victim that she was worried if the victim did not get out of the relationship, someone would end up dead. O F F E N S E COUNT 1: MURDER IN THE SECOND DEGREE (INTENTIONAL) (FELONY) MINN. STAT , SUBD 1(1); PENALTY: 3-40 YEARS That on or about April 10, 2012, Brooklyn Park, in Hennepin County, Minnesota, DYMOND RENE HAYDEN, while using a firearm, caused the death of A.N.F., a human being, with intent to effect the death of that person or another, but without premeditation. OFFENSE CONTINUES ON NEXT PAGE

4 COMPLAINT SUPPLEMENT Page 4 CCT SECTION/Subdivision M.O.C. GOC O F F E N S E COUNT 2: PROHIBITED PERSON IN POSSESSION OF A FIREARM (FELONY) MINN. STAT , SUBD. 1(2), 2(b); PENALTY: 5-15 YEARS AND/OR $30,000 That on or about April 10, 2012, Brooklyn Park, in Hennepin County, Minnesota, DYMOND RENE HAYDEN possessed a firearm and DYMOND RENE HAYDEN has been convicted or adjudicated delinquent in this state or elsewhere of a crime of violence, Criminal Sexual Conduct in the Second Degree, in 2005, for which the sentence or court supervision expired on or after August 1, 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: Dawn Orgon April 13, 2012 PROSECUTING ATTORNEY: NAME/TITLE: COMPLAINANT S SIGNATURE: Being duly authorized to prosecute the offense(s) charged, I hereby approve this Complaint. PROSECUTING ATTORNEY S SIGNATURE: tmy ADDRESS/TELEPHONE: CHERI TOWNSEND ( ) C2100 Government Center, Minneapolis, MN Assistant County Attorney Telephone: FORM I-2 Rev. 3/94

5 Court Case # This COMPLAINT was subscribed and sworn to before the undersigned this day of, 20. NAME: SIGNATURE: Page 5 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: $1,000, CR Conditions of Release: No contact with family and address of the victim; No contact with witnesses; Random Ua s; No possession of weapons; Make all appearances; Remain law abiding This COMPLAINT- ORDER OF DETENTION 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. DYMOND RENE HAYDEN 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).