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, CEDRIC LAMAR SMITH JR DOB: 09/27/ Brookdale Dr N Apt 212 Brooklyn Park, MN Defendant. District Court 4th Judicial District Prosecutor File No. 17A01765 Court File No. 27-CR COMPLAINT Warrant 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: 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 Offense Level: Felony Offense Date (on or about): 02/11/2017 Control #(ICR#): Charge Description: That on or about 11 February 2076, in Hennepin County, Minnesota, CEDRIC LAMAR SMITH, JR. acting alone or intentionally aiding, advising, hiring, counseling, conspiring or otherwise procures the other to commit the crime, possessed a firearm and CEDRIC LAMAR SMITH, JR. has been convicted or adjudicated delinquent in this state or elsewhere of a crime of violence for which the sentence or court supervision expired on or after August 1, Minimum Sentence: 5 YEARS 1

2 STATEMENT OF PROBABLE CAUSE Complainant has investigated the facts and circumstances of this offense and believes the following establishes probable cause: On 11 February 2017, at approximately 8:45 p.m., Brooklyn Center Police Department (BCPD) Officers were dispatched to Room 225 of the Quality Inn Motel located at 1600 James Circle, Brooklyn Center, Hennepin County, Minnesota, on a report of someone lying on the floor unknown if conscious or breathing. Upon arrival, officers spoke with Witness A (a known adult male and employee of the motel). Witness A confirmed that the unresponsive individual was lying in a pool of blood in Room 225 and provided a key card for the officers. Officers went to Room 225 and immediately noticed blood on the exterior of the door and the door handle. Upon entering the room, officers saw Decedent (a known adult female) lying on the bathroom floor of the room in a significant amount of blood. Officers were not able to feel a pulse and Decedent was later declared dead. The blood appeared to be coming from the right side of Decedent s head. Blood was all over the bathroom floor, toilet, and tub. Blood was also observed on the doorway of the bathroom as well as splatter on the wall across from the bathroom. Among other things recovered from Room 225 was: one.40 caliber spent shell casing from the floor of the room at the foot of the two beds; numerous vacuum seal plastic bags with marijuana residue inside from the dresser drawers; one bag with marijuana (about 15 grams); and one scale from the desk in the room. Officers obtained video surveillance from the motel from the evening of 11 February On the video, officers were able to see the following: At approximately 8:17 p.m., Decedent and CEDRIC LAMAR SMITH, JR. (DoB , Defendant herein), a thin black male with short braids or dreadlocks and was wearing a red zip-up jacket, black pants, and red shoes, enter the front entrance of the above motel and walk through the lobby. At approximately 8:30 p.m., Defendant, Suspect A (a known adult male), and Suspect B (a known adult female), leave very quickly down the stairwell across from Room 225 and exit from the stairwell out of the motel. Blood was found in this stairwell, down the stairwell, and on the exit from the stairwell. Officers spoke with numerous other guests of the motel. Many of the guests heard a loud bang consistent with a gun shot between 8:00 and 8:30 p.m. Specifically, Witness B (a known adult male who was staying at the motel) said he was walking down the second floor hallway when he heard a loud noise (which at the time he thought was a door slamming) from Room 225, which was across from the stairwell. Shortly thereafter, Witness B saw three of four people (males with at least one female) quickly exit Room 225. Witness B described one of the males as being a black male with dreadlocks wearing a red shirt with black pants (matching Defendant). Witness B said all of the people that exited Room 225 quickly ran down the stairwell across from the room. Witness C (a known adult female who was staying at the motel) was coming down a stairwell around 8:30 p.m., when she saw blood on the door of Room 225, saw it open, and saw two Asians (one of which was male) exit the room, run past Witness C, and down the stairwell Witness C had been in and that was across from Room 225. Witness D (a known adult female who was staying at the motel with Witness C) was coming down a 2

3 stairwell and, when passing the second floor, saw three people leave Room 225 and run past her and Witness C with abnormal looks on their faces. One of the three was a thin black male wearing a red and black shirt (matching Defendant). The other two were and Asian male, carrying a bag, and an Asian female (matching Suspect A and Suspect B). Witness D saw blood on the door of Room 225 and had heard a gunshot before going to the stairwell. Officers obtained the registration information for Room 225 and learned that it had been rented to Suspect C (a known adult male) with an extension signed by Suspect A. Suspect A s driver s license address was a known location also in Brooklyn Center and officers began surveillance of the house. At approximately 10:24 p.m., officers stop a vehicle leaving Suspect A s home. Inside this vehicle were Defendant, Suspect D (a known adult male), and Suspect E (a known adult female). Defendant was wearing a red and black short sleeve shirt, black pants, and had blood on his clothes and shoes. Among other things, items recovered from Defendant included a key card for the above Quality Inn. At approximately 11:40 p.m., officers stop a second vehicle leaving Suspect A s home. Inside this vehicle were Suspect A, Suspect B, and Suspect C. Among the items recovered from this vehicle were eight firearms (5 handguns and 3 rifles). Suspect A had blood on his t-shirt and pants. Suspect A told the police that he was selling marijuana out of Room 225 on 11 February Defendant took Suspect A s car and picked up Decedent (one of Defendant s girlfriends) and returned to Room 225. Defendant told Suspect A he was going to get laid in the bathroom. Suspect A then heard a thud and Defendant ran to Suspect A saying, repeatedly, they have to leave and get out of there. Suspect A saw Decedent on the floor and checked her pulse. Defendant told Suspect A that Suspect A is an accomplice to murder and would get 25 years to life in prison. Decedent was still moving around but Defendant said that she was gone, she was dead. Suspect A saw Defendant with a big clip to a handgun. Suspect A then grabbed his marijuana (almost a pound), put it in a bag and told Suspect B (Suspect A s girlfriend) to grab the money. Defendant started shaking Suspect A talking about the prison time they would do together, saying Suspect A was an accomplice to murder. They all left and Suspect A drove Defendant and Suspect B to some unknown apartments. Suspect A called Suspect C and told him what happened, saying it looked like Decedent was shot in the neck and was on the floor hallway out of the bathroom. Suspect A said he told Suspect C that Defendant and Decedent like to play around and Suspect A said he thought Decedent was playing like she was going to kill herself and that Defendant probably played back and the gun went off. Suspect A said Defendant told Suspect A that Defendant and Decedent were fighting for the gun and it went off. Defendant told Suspect A that Decedent had pointed the gun at herself and Defendant tried to grab it from her and it went off. Defendant told Suspect A first that she had shot herself but then said it was an accident. Suspect A asked Defendant if he had picked up the shell casing and Defendant said yes. Suspect B told the police that Suspect A is her boyfriend and that his friend Suspect C rented Room 225 for them. Suspect B first said she was asleep when everything happened claiming she did not know Defendant and Decedent (one of Defendant s girlfriends) had come into the room, waking up at the gun shot and seeing Defendant running out of the bathroom covered in blood carrying a gun in his hand. Suspect B initially said Defendant pointed the gun at them and made them drive around but, after being confronted with the video surveillance showing Defendant running down the stairwell first and Suspect A and Suspect B following, Suspect B said she was actually lying on the bed and not paying attention to Defendant and Decedent. Suspect B said Defendant had been hanging out in the room all day. Suspect B heard Defendant and Decedent enter the room being friendly and laughing. Suspect B then said she fell asleep for a few minutes before being awakened by a gun shot. Defendant ran out of the bathroom covered in blood carrying a gun in his hand. When they got in Suspect A s car, Suspect A yelled at Defendant asking him what he did. Defendant yelled back that he did not mean to do it that it was an accident. Defendant said Decedent had her hand around the trigger area and he had his hand on the back 3

4 of the gun or butt and it just went off. Defendant told Suspect B that he tried taking the gun away from Decedent but it went off. Suspect B believes Defendant got rid of the gun somewhere by some trees where they left the car they had been in after leaving the motel. Defendant declined to give a statement to police. However, when being transported with Suspect D in a squad car, the recording device in the squad car recorded conversation between the two. Among other things, Defendant says that he should have listened and stayed. Defendant also says that he told her (Decedent) not to do it, and stop playing with it, and Decedent said something and Defendant jumped towards her and the gun went off. Defendant said they have to stick to the same story: Decedent had the gun, was drunk, held the gun up to her chin, Defendant lunged at her at the same time and they all started panicking. Defendant also made several recorded jail calls. Among others, Defendant made calls to his mother telling her that Decedent killed herself and the only thing he did wrong was leave she did it and that was him panicking. Defendant also admitted that he is not supposed to be around guns or none of that. Defendant said Decedent was playing with the gun not thinking there was anything in it. In a separate call with his mother, Defendant notes that he is on probation and not supposed to be around a gun let alone a body. Defendant later repeats that he not supposed to be around this stuff and did not want to be there when the police arrived. The Defendant s criminal history states that he not entitled to possess a firearm and reveals that he was convicted or adjudicated delinquent of the following crime(s) of violence: Felony Assault in the First Degree (Great Bodily Harm) on 16 September 2016 (Case No. 27cr ). Warrant requested as Defendant is in custody on a separate matter. 4

5 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 Charles Valleau Electronically Signed: Detective 6645 Humboldt Avenue N Brooklyn Center, MN Badge: /23/ :13 PM Hennepin County, Minnesota Being authorized to prosecute the offenses charged, I approve this complaint. Prosecuting Attorney Peter Mason 300 S 6th St Minneapolis, MN (612) Electronically Signed: 02/23/ :00 PM 5

6 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 300 S Sixth Street, 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: $200, Conditions of Release: No Contact with Witnesses; No Possession of Weapons; Make All Appearances; Remain Law Abiding 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: February 23, Judicial Officer Kathryn Quaintance District Court Judge Electronically Signed: 02/23/ :56 PM Sworn testimony has been given before the Judicial Officer by the following witnesses: COUNTY OF HENNEPIN STATE OF MINNESOTA State of Minnesota Plaintiff vs. Cedric Lamar Smith Jr Defendant LAW ENFORCEMENT OFFICER 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: 6