recycred MARK A. OSTREM OLMSTED COUNTY ATTORNEY 151 4TH STREET SE ROCHESTER MN 55904-3710 OFFICE 507.328.7600 FAX 507.328.7961 WITNESS LINE 507.328.7610 EMAlL: COUNTYATTORNEY@CO.OLMSTED.MN.US January 17, 2013 NEWS RELEASE ROCHESTER MAN CHARGED WITH FELONY FOR SHOOTING FAMILY MEMBER Olmsted County Attorney Mark Ostrem announced that a criminal complaint has been filed against Stanley Warren Wilkinson, age 58 charging* him with felony intentional discharge of a firearm under circumstances that endanger the safety of another from an incident that occurred in northeast Rochester on December 10, 2012. Wilkinson will make his first appearance in Olmsted County District Court at 9:00 a.m. on Tuesday, February 25, 2013. paper * Criminal charges are not evidence of guilt. A aetendent/suspect is presumed innocent unless and until proven guilty. @'~e AN EQUAL OPPORTUNITY EMPLOYER
State of Minnesota County of Olmsted Prosecutor File No. Court File No. District Court 3rd Judicial District 12064238 55-CR-13-415 State of Minnesota, vs. Plaintiff, STANLEY WARREN WILKINSON DOB: 09/17/1951 2407 East River Rd NE Rochester, MN 55906 Defendant. COMPLAINT Summons 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: Dangerous Weapons-Intentional Discharge of Firearm That Endangers Safety Minnesota Statute: 609.66.1 a(a)(2), with reference to: 609.66.1 a(b)(1) Maximum Sentence: 5 years in prison, a $10,000 fine, or both (MSG SL 2) Offense Level: Felony Offense Date (on or about): 12/10/2012 Control #(ICR#): 12064238 Charge Description: On or about December 10, 2012, within the County of Olmsted, Stanley Warren Wilkinson did wrongfully, unlawfully and feloniously intentionally discharge a firearm under circumstances that endanger the safety of another. 1
STATEMENT The Complainant OF PROBABLE CAUSE states that the following facts establish probable cause: Your complainant is a licensed peace officer capacity, your complainant has reviewed the above-named defendant, and the allegations complainant believes the following to be true employed by the Rochester Police Department. In that police reports relating to Stanley Warren Wilkinson, the contained therein. Based upon that information, your and correct. On December 10, 2012 at approximately 11 :56 PM officers of the Rochester Police Department were dispatched to 2407 East River Road NE, Rochester, Olmsted County, Minnesota, on a report that Stanley Warren Wilkinson, DOB 09/17/1951, had accidentally shot his granddaughter and that medical assistance was needed. When the first officer arrived the officer was met at the front door by an adult female who appeared to be highly emotional. The officer was directed to the living room area on the west side of the house and through a sliding glass door to the deck at the rear of the house. The officer observed a black and silver handgun lying on the living room floor approximately three feet from the sliding glass door. The glass in the sliding glass door was shattered. On the deck outside the sliding glass door the officer observed an adult male, later identified as Stanley Warren Wilkinson, performing mouth-to-mouth rescue breathing on a young female who was lying on her back on the deck. The officer observed a moderate amount of blood on the deck in the immediate area of the young female. The officer observed that the female was unresponsive to any communication, was breathing with distress and had a thready-like carotid pulse. The young woman appeared to have a gunshot wound to the left side of her neck close to the area of the carotid artery. Gold Cross arrived and began to administer aid to young female who was ultimately transported to st. Mary's emergency room for treatment. Officer Stensgard, Rochester Police Department, arrived and spoke to Wilkinson about what happened. Wilkinson stated that he and his wife were just getting to bed and heard something outside the bedroom window that faces the west side of the house. Wilkinson stated that there is a deck and a rear door on the west side of the house and he peeked outside of his bedroom window and could see what appeared to be a flashlight shining outside and a figure moving in the dark. Wilkinson stated that he thought someone might be trying to break into his house and was aware that there had been a burglary at the Rec Center last night. Wilkinson reported that he was scared and got his pistol from underneath his dresser and told his wife to call the police. Wilkinson stated that he walked into the living room and could see the sliding glass door that led to the deck. Wilkinson reported that he saw a figure moving around on the deck outside. The lights on the deck were off. Wilkinson reported that he turned the light on in the house to scare the person away. Wilkinson stated that he saw what appeared to be someone trying to open the sliding qlass door. Wilkinson could not understand why the person was still trying to get in when he had a gun pointed at them. Wilkinson stated that he fired his handgun at the person but the first shot did not appear to stop the person from trying to open the door. He saw the person again attempt to open the door so he fired a second shot. He then heard his grandchild PDWs voice yell out "Poppa!" Wilkinson thought that his second shot struck PDW. Wilkinson stated that he thought PDW was not breathing so he started rescue breathing. Wilkinson explained that PDW had been staying with him and his wife for about six weeks. He reported that PDW had gone to bed in her upstairs bedroom earlier in the night around 10 PM. Wilkinson stated that he did not see PDW after that and thought she was sleeping. Wilkinson admitted that he never gave out a warning to the person outside of his door. Officers spoke to Wilkinson's wife who stated that PDW was in her bedroom and PDW had said good night to her at approximately 10:30 PM. At about 11 :30 she and Wilkinson were both woken up to a disturbance immediately outside their bedroom window. She described that it sounded similar to snow crunching on the ground while beinq 1alked on. She stated that Wilkinson looked outside the window 2
and observed a person on the deck. She reported that she and her husband became frightened because they thought an intruder may be trying to enter the residence. Wilkinson told her to call 911 as he left the room and went to the living room with his handgun. She remained in the bedroom and heard at least one, maybe more, gunshots. A second or so after the gunshots she heard PDW say "Oh, Papa." She then called 911 and the police arrived moments later. Other officers arrived and one of them photographed the handgun that was lying on the floor and made the 9 mm Ruger semi-automatic handgun safe by removing the clip and the live round that was in the chamber. Two spent 9 mm casings were observed in the area where the gun had been lying. Investigator Seim, Rochester Police Department, arrived to assist with the investigation. Investigator Seim observed that the residence was a single-family dwelling with the front door of the home facing east. There is a deck on the west side of the house. Investigator Seim observed that the rear deck was covered in snow and fresh footprints consistent with a smaller person's foot size appeared to go from the sliding glass doorway on the deck traveling to the north behind the house and garage and then up towards the street and back again. On the northwest corner of the deck Investigator Seim noticed two areas of fresh damage to the deck railings, which from his training and experience, appeared to have been damaged by bullets striking the wood. It appeared that the angle of the projectiles would be consistent as having come from the area where Wilkinson described he was standing when he fired his pistol through the glass door. No spent bullets were found as they continued through the wooden rails out into the snow-covered backyard. Investigator Seim noted that the Ruger magazine will hold up to fifteen rounds and that eleven live rounds remained in the magazine. Ultimately, three spent rounds were recovered from the tiled area of the living room that is just inside the rear sliding glass doors. Investigator Petersen, Rochester Police Department, spoke with Wilkinson and had Wilkinson show him approximately where Wilkinson had been when the shots were fired. Wilkinson stated that he was on the tiled portion of the living room just inside the sliding glass doors when he fired. Wilkinson explained that after retrieving his pistol and chambering a round in it he went to investigate the sounds he had heard coming from the deck area of the house. Wilkinson stated that he crouched down in the living room and was looking out the sliding glass doors to the deck but did not immediately see anything or anyone so he walked down the steps from the living room down to the landing area near the sliding glass deck doors. Wilkinson stated that at that time he saw a person walk up to the sliding glass door with what he thought was a flashlight. Wilkinson admitted that he did not say or yell anything explaining that he "just freaked" and fired his gun twice. Wilkinson stated that when he first went out to the living room to investigate the sound he had turned on the overhead lights in the living room in the hopes to signal to whomever was on the deck that people were home and that this would scare them away. Wilkinson then explained that he realized that whoever was outside could see him because of the lights being on so he turned the lights off. He was then going to turn the outside lights on to illuminate the deck but he didn't get that far because he saw a light was shining in the door and saw a person attempting to come inside. Wilkinson stated that he began backing up and fired his gun. Wilkinson stated that the sliding glass door was closed when he fired his gun. Wilkinson admitted that he did not have his glasses on and that without his glasses his vision is blurry and he has difficulty seeing well. Investigator Petersen spoke to PDWon December 20, 2012. PDW stated that she got home around 9 PM and both of her grandparents were home. PDW stated that she went upstairs for about an hour and decided to leave the house without her grandparents knowing. POW stated that she left the house through the sliding glass doors, met a couple of friends and was out for about an hour. PDW stated that she was attempting to sneak back into the house when she noticed that the bedroom light in her grandparent's bedroom was on and she tried to be quiet but the snow was crunchy and making noise. PDW stated that she walked up to the deck and decided to wait a few minutes before going inside when she saw the lights go on in the room just inside the sliding glass doors. However, the lights went off quickly and she did not see anyone inside the room at the time the lights went on and off. PDW stated that she figured one of her grandparents knew she was gone and were waiting for her return so she went 3
up to the sliding glass door and looked in through the glass to see if one or both of her grandparents were there. POW stated that when she looked into the glass door she recalls two shots and saw flash from inside the house. POW stated that just prior to the shots being fired she was not trying to walk into the house or open the sliding glass door. POW stated that she had been using her iphone while she was on the deck and that this could have been viewed as a flashlight because of the illuminated display. Mayo Clinic medical staff reported that POW sustained a gunshot wound to the left side of her neck which damaged her carotid artery on the left side with the bullet striking two vertebrae in her neck causing them to fracture. The bullet, after striking the vertebrae, traveled downward striking a rib, fracturing it, and causing injury to the upper lobe of her right lung. The bullet then came to rest in the pleural cavity, an area around PDWs lungs. NOTICE: YOU MUST APPEAR FOR EVERY COURT HEARING REGARDING THIS CASE. FAILURE TO APPEAR FOR COURT IS A CRIMINAL OFFENSE AND MAY RESULT IN ADDITIONAL CRIMINAL CHARGES BEING IMPOSED AND PUNISHED AS PROVIDED IN MINNESOTA STATUTES SECTION 609.49. 4
SIGNATURES AND APPROVALS Complainant requests that Defendant, subject to bailor conditions of rei ease, 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 Thomas Pingel Sergeant 101 4th Street SE Rochester, MN 55904-3761 Badge: 2135 Electronically Signed: 1/17/2013 Subscribed and sworn to before the undersigned. Notary Public or Judicial Official Sandy Sch License N er: 6126304, Olmsted C unty, Minnesota. My license expires: 01/31/2015 Notary Public 101 4th Street SE ochester, MN 55904-3761 Prosecuting Aftnrru:"i 1/17/2013 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 bailor 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). 00 SUMMONS THEREFORE YOU, THE DEFENDANT, ARE SUMMONED to appear on February 25, 2013 at 9:00 AM before the above-named court at 151 Fourth Street SE, Rochester, MN 55904 to answer this complaint. IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued. D 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. D Execute in MN Only D Execute Nationwide D Execute in Border States D ORDER OF DETENTION Since the Defendant is already in custody, I order, subject to bailor conditions of release, that the Defendant continue to be detained pending further proceedings. Bail: $ Conditions of Release: This complaint is issued by the undersigned Judge as of the following date: January 17,2013. Judicial Officer Jodi L. Williamson Judge of District Court Electronically Signed: 1/17/2013 Sworn testimony has been given before the Judicial Officer by the following witnesses: State of Minnesota Plaintiff vs. Stanley Warren Wilkinson Defendant COUNTY OF OLMSTED STATE OF MINNESOTA Clerk's Signature or File Stamp: RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this Summons upon the Defendant herein named. Signature of Authorized Service Agent: 6