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 County of Faribault, Plaintiff, vs. ANTHONY HECTOR ENRIQUEZ DOB: 04/17/1990 District Court 5th Judicial District Prosecutor File No. 18CR00503 Court File No. COMPLAINT Order of Detention Defendant. 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: Fleeing a Peace Officer; Substantial Bodily Harm Minnesota Statute: (c) Maximum Sentence: Five years, a $10,000 fine or both. Offense Level: Felony Offense Date (on or about): 12/20/2018 Control #(ICR#): Charge Description: On or about December 20, 2018 in Faribault County, Defendant did flee or attempt to flee by means of a motor vehicle, a peace officer who was acting in the lawful discharge of an official duty, and the perpetrator knew or should reasonably have known, the same to be a peace officer, and who in the course of fleeing in a motor vehicle, or subsequently by other means, caused substantial bodily harm to any person other than the perpetrator. COUNT II Charge: Assault-3rd Degree-Substantial Bodily Harm Minnesota Statute: Maximum Sentence: 5 years imprisonment and $10,000 fine Offense Level: Felony Offense Date (on or about): 12/20/2018 Control #(ICR#): Charge Description: On or about December 20, 2018 in Faribault County, Defendant did assault another and inflicted substantial bodily harm. COUNT III Charge: Drugs - 5th Degree - Possess Schedule 1,2,3,4 - Not Small Amount Marijuana Minnesota Statute: (1) Maximum Sentence: Imprisonment for 5 years, a fine of $10, or both 1

2 Offense Level: Felony Offense Date (on or about): 12/20/2018 Control #(ICR#): Charge Description: On or about December 20, 2018 in Faribault County, Defendant did unlawfully possesses one or more mixtures containing a controlled substance classified in Schedule I, II, III, or IV, except a small amount of marijuana; to wit pounds of marijuana. 2

3 STATEMENT OF PROBABLE CAUSE The Complainant states that the following facts establish probable cause: Your Complainant, is a licensed peace officer employed by the MN State Patrol - Mankato. In this capacity your Complainant believes the following to be true and correct. On December 20, 2018 Minnesota State Trooper DR initiated a traffic stop of a Jeep Cherokee bearing California license plates, on Interstate I90 in Faribault County Minnesota for a traffic violation. Nearby, Trooper JR also responded to assist Trooper DR. Both Troopers were dressed in uniform and were easily identified as peace officers. The driver of the Cherokee was identified as Montrell Smith (DOB: 11/9/1989) and the passenger was identified as Anthony Enriquez (DOB: 4/17/1990), both Wisconsin residents. Observed in plain view in the back of the Jeep was luggage. Trooper DR advised Trooper JR that he had developed reasonable suspicion that the occupants were transporting controlled substances and advised that he would issue a warning for the traffic violation. Trooper DR approached he driver s side of the Jeep and Trooper JR approached the passenger side. As Trooper JR opened the passenger door and Enriquez began to exit the vehicle, Smith accelerated rapidly. Trooper DR was partially inside the Jeep as it accelerated and was drug alongside the Jeep as it began to travel east bound on I90. Trooper DR ordered Smith to stop the vehicle and attempted to shift the Jeep into park. Enriquez put the vehicle back into gear and assaulted Trooper DR with his hands in an attempt to force Trooper DR out of the vehicle. Trooper DR was concerned that if he fell out of the vehicle he could be severely injured or killed. Ultimately, Smith and Enriquez were successful in removing Trooper DR from the vehicle while driving on the interstate. Trooper DR fell out of the Jeep into the traffic lanes sustaining substantial bodily harm. The Jeep was pursued by law enforcement agencies in to Freeborn County Minnesota. During the pursuit, the individuals inside the Jeep discarded bricks of marijuana out the window. The Jeep exited the interstate into the city of Albert Lea and the pursuit was ended due to safety concerns. The Jeep was later located in a parking lot in Albert Lea unoccupied. Smith and Enriquez were apprehended in a nearby business without incident. During a search of the vehicle, law enforcement observed the warning for the traffic violation issued by Trooper DR, a Minnesota State Patrol Stocking hat, drug packaging, luggage, and Smit s driver s license. Several law enforcement agencies assisted with collecting the marijuana that was tossed from the Jeep during its flight. The total weight of the recovered marijuana was approximately pounds. PLEASE TAKE NOTICE: Pursuant to Minn. Stat , intentional failure to appear for duly scheduled court appearances may result in additional criminal charges, and in addition to any arrest warrant that may otherwise be issued by the Court. 3

4 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 Kevin Killion Electronically Signed: Lieutenant 2171 Bassett Drive Mankato, MN Badge: :36 AM Blue Earth County, Minnesota Being authorized to prosecute the offenses charged, I approve this complaint. Prosecuting Attorney Kathryn Marie Karjala 412 N Nicollet Blue Earth, MN (507) Electronically Signed: 08:16 AM 4

5 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 320 Dr. H. Russ Street Fairibault County Law Enforcement Center Hearing Room, Blue Earth, 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: December 24, Judicial Officer Troy G. Timmerman Electronically Signed: 08:42 AM Sworn testimony has been given before the Judicial Officer by the following witnesses: COUNTY OF FARIBAULT STATE OF MINNESOTA Plaintiff vs. Anthony Hector Enriquez 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: 5

6 DEFENDANT FACT SHEET Name: Anthony Hector Enriquez DOB: 04/17/1990 Address: Alias Names/DOB: SID: Height: Weight: Eye Color: Hair Color: Gender: MALE Race: Fingerprints Required per Statute: Yes Fingerprint match to Criminal History Record: No Driver's License #: Alcohol Concentration: 6

7 STATUTE AND OFFENSE GRID Cnt Nbr Statute Type Offense Date(s) Statute Nbrs and Descriptions Offense Level MOC GOC Controlling Agencies Case Numbers 1 Charge 12/20/ (c) Flee Peace Officer - Motor Vehicle or Subsequently by Other Means-Results in Substantial Bodily Harm Felony E1653 N MNMHP Charge 12/20/ Assault-3rd Degree-Substantial Bodily Harm Felony A3257 N MNMHP Charge 12/20/ (1) Drugs - 5th Degree - Possess Schedule 1,2,3,4 - Not Small Amount Marijuana Felony DH500 N MNMHP