State of Minnesota County of Hennepin State of Minnesota, vs. Plaintiff, MARCUS TERRELL FISCHER DOB: 02/01/1999 3927 6TH ST N MINNEAPOLIS, MN 55412 Defendant. District Court 4th Judicial District Prosecutor File No. 17A15908 Court File No. 27-CR-17-31959 COMPLAINT Order of Detention 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: Assault-1st Degree-Great Bodily Harm Minnesota Statute: 609.221.1, with reference to: 609.221.1, 609.11.5(a), 609.101.2 Maximum Sentence: 20 YEARS AND/OR $30,000 FISCHER, assaulted victim and inflicted great bodily harm, while using a firearm. COUNT II Charge: Aggravated Robbery-1st Degree Minnesota Statute: 609.245.1, with reference to: 609.245.1, 609.11.5(a) Maximum Sentence: 20 YEARS AND/OR $35,000 FISCHER, took personal property from the person or in the presence of victim, knowing that he was not entitled to the property and used and/or threatened the imminent use of force against victim to overcome his resistance or powers of resistance to or to compel acquiescence in the taking or carrying away of the property, and inflicted bodily harm upon victim while using a firearm. 1
COUNT III Charge: Possess Ammo/Any Firearm - Conviction or Adjudicated Delinquent for Crime of Violence Minnesota Statute: 624.713.1(2), with reference to: 609.11.5(a), 624.713.2(b), 609.11.9 Maximum Sentence: 15 YEARS AND/OR $30,000 FISCHER possessed ammunition or a firearm and MARCUS TERRELL FISCHER 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, 1993. 2
STATEMENT OF PROBABLE CAUSE Complainant has investigated the facts and circumstances of this offense and believes the following establishes probable cause: That on December 13, 2017, at approximately 7:20 p.m., officers were dispatched to a gas station in Anoka County, Minnesota, to investigate a 911 call for emergency medical services. Upon arrival, officers discovered a passenger in a motor vehicle presenting with a gunshot wound to the chest. This passenger, an identified adult male, hereafter victim, was transported to the hospital where it was confirmed he sustained a gunshot wound. The projectile entered victim's chest, grazed his heart, and came to rest behind his heart. Victim survived but remains hospitalized. Officers spoke with two other occupants of the vehicle, hereafter witnesses. Initially, the witnesses claimed victim was shot during a road rage incident. Eventually, the witnesses disclosed victim was shot under other circumstances. Officers learned victim was attempting to sell a handgun, identified as a Kel-Tech 9mm. One of the witnesses contacted MARCUS TERRELL FISCHER, hereafter defendant, who expressed interest in purchasing the handgun. Thereafter, victim and witnesses traveled to the area of 1417 5th Street NE in Minneapolis, Hennepin County, Minnesota where they met with defendant. All parties pulled into an alley to conduct the firearm's transaction. Defendant took possession of the Kel-Tech 9mm handgun from victim, produced his own handgun, said words to the effect of "It's mine now," shot victim in the chest, and left the scene with his own handgun and the Kel-Tech 9mm handgun he took from victim. The witnesses positively identified defendant as the person who shot victim and stole the handgun. Officers obtained cell phone data that linked defendant to the witnesses setting up the transaction. After victim was shot, the witnesses reported they drove to Anoka County where they pulled into a gas station and called 911. Officers located and arrested defendant. Officers obtained a warrant to search defendant's residence. During the search, the stolen Kel-Tech 9mm handgun was located in defendant's bedroom. In addition, officers located live ammunition in defendant's bedroom that was similar to the ammunition-type used to shoot victim. During a post-miranda statement, defendant denied shooting victim and claimed it was somebody else who was with him at the time. Defendant admitted he helped facilitate the meeting for the exchange of the firearm and then assisted the "shooter" in robbing victim. Following the interview, defendant attempted to take his own life inside the interrogation room. Defendant is currently hospitalized and is under police guard. A check into defendant's record revealed that on or about December 16, 2015, defendant was adjudicated delinquent for Aggravated Robbery in the First Degree, in violation of Minn. Stat. 609.245, for an offense that occurred in Hennepin County. This prior offense is a crime of violence which prohibits defendant from possessing a firearm or ammunition. 3
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. 358.116; Minn. R. Crim. P. 2.01, subds. 1, 2. Complainant Ann Kjos Electronically Signed: Sergeant 350 S 5th St Minneapolis, MN 55415-1389 Badge: 004898 12/20/2017 11:39 AM Hennepin County, MN Being authorized to prosecute the offenses charged, I approve this complaint. Prosecuting Attorney Darren Borg 300 S 6th St Minneapolis, MN 55487 (612) 348-5550 Electronically Signed: 12/20/2017 11:36 AM 4
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 55487 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: $200,000.00 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 20, 2017. Judicial Officer Nelson Peralta Judge Electronically Signed: 12/20/2017 11:54 AM Sworn testimony has been given before the Judicial Officer by the following witnesses: COUNTY OF HENNEPIN STATE OF MINNESOTA State of Minnesota Plaintiff vs. MARCUS TERRELL FISCHER 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