State of Minnesota County of Rice State of Minnesota, vs. Plaintiff, AUSTIN JAMES VALENZUELA DOB: 08/21/1998 29 1st Ave NW #1 Defendant. District Court 3rd Judicial District Prosecutor File No. 0660041185 Court File No. 66-CR-17-2363 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: 152.025.1(2) - 5th Degree Controlled Substance - Sale of Marijuana Minnesota Statute: 152.025.1(1) Maximum Sentence: 5 years and/or $10,000 fine Offense Level: Felony Offense Date (on or about): 09/23/2017 Control #(ICR#): 17006128 Charge Description: On or about September 23, 2017, in Rice County, Austin Valenzuela, the defendant, did unlawfully sell, or possessed with the intent to sell, give away, barter, deliver, exchange, distribute or dispose of to another, one or more times within a 90 day period one or more mixtures containing a narcotic drug other than heroine to wit: Marijuana, with a total weight of more than 42.5 grams. COUNT II Charge: Drugs - Simulated - Lead to Believe is Controlled Substance Minnesota Statute: 152.097.1(3) Maximum Sentence: 3 years and/or $20,000 fine Offense Level: Felony Offense Date (on or about): 09/23/2017 Control #(ICR#): 17006128 Charge Description: On or about September 23, 2017, in the County of Rice, Minnesota, Austin James Valenzuela did knowingly sell,, or possessed with the intent to sell, give away, barter, deliver, exchange, distribute or dispose of to another, a noncontrolled substance under circumstances which would lead a reasonable person to believe that the substance was a controlled substance. 1
STATEMENT OF PROBABLE CAUSE The Complainant states that the following facts establish probable cause: Complainant and/or Signing Officer designated below, declares under penalty of perjury, that he/she has reviewed police reports relating to the above-named Defendant and the allegations contained herein, and/or has spoken with peace officers having knowledge of the incident, and based upon that information, believes the following to be true and correct. On or about September 23, 2017 at approximately 3:30pm, an officer from the Faribault Police Department and an agent from The Cannon River Drug and Violent Offender Task Force observed a snap chat video containing Austin James Valenzuela DOB: 8/21/1998, Nolan Ryan Lake DOB: 8/8/1998, and Dylan James Knott DOB: 3/10/1997. In the video, Valenzuela was smoking marijuana, Lake was driving, and Knott was the rear seat passenger. At approximately 5:00pm that same day, the officer was patrolling the area of the 1100 block of 1st Ave NW in Faribault. The officer noticed a vehicle with MN plate 432MMV traveling towards him. The front seat passenger had the door open while the vehicle was in motion. The front seat passenger was Valenzuela. The officer also noticed a male driver and a male in the back seat. The driver appeared to be the same person as the driver in the Snap Chat video. The officer noted the vehicle s muffler was faulty as it drove past. Also, while behind the vehicle, the officer saw the vehicle fail to make a proper stop at a stop sign. The officer then initiated a traffic stop on the vehicle The vehicle came to a stop in Godfather s parking lot of 328 4th St. NW. When the vehicle stopped, and prior to any commands given, the three occupants got out of the vehicle and started to walk away. The occupants were informed they were not free to leave. Valenzuela and Knott have been involved in traffic stops with law enforcement on previous occasions that resulted in the seizure of large amounts of controlled substances. As they were getting out, Valenzuela was identified as the front passenger, Lake was identified as the driver, and Knott was the driver side rear passenger. The officer could smell an odor of marijuana coming from the vehicle. The officer smelled marijuana coming from Lake s person. The officer asked the three occupants when they last smoked marijuana, and they responded approximately three hours ago. Based on the odor of marijuana, and the prior known drug activity of Knott and Valenzuela, a K9 sniff was conducted on the vehicle. The K9 hit on the vehicle. The K9 then entered the vehicle and hit on the center console and the rear seat. While searching the front driver s side area of the vehicle, officers located a zip lock bag containing a white powdery substance in the center console. The powder tested negative for controlled substances. Officers believed the powder to be used as a cutting agent to be added to controlled substances, or to distribute the powder as fake representing it is real. Multiple other baggies, packaged for sale, were found in a Crown Royal bag in a compartment hidden under the stereo and believed to contain a simulated controlled substance. Along with the baggies was over $2,000 in cash in the same Crown Royal bag. 2
During the search of the back seat, officers noticed the smell of marijuana got stronger. There were two cartons of zip lock bags sitting on the floor behind the driver s seat. While searching, officers noticed the rear seat had been tampered with. An officer then lifted the rear seat to find a large zip lock bag of marijuana directly under where Knott was sitting. There was a digital scale directly on top of the marijuana. Over the past few weeks, agents from the Cannon River Drug and Violent Offender Task Force captured multiple Snap Chat messages from Valenzuela. Those messages showed marijuana and indicated the marijuana was for sale. Those messages, coupled with the quantity of marijuana, the baggies, the scale, and the more than $2,000 in cash show that the marijuana was possessed with the intent to sell. Officers also searched the trunk of the vehicle. The truck was full of different clothing and other items. Among the other items was a black backpack with Herschel on it. Lake told the officers that the backpack was his. Inside the backpack was another Crown Royal cloth bag. Inside the bag was a glass pipe with marijuana residue. Also in the cloth bag was an orange/clear glass pipe with a trace of a white powder inside. The pipe came back positive for cocaine. Also inside the cloth bag were two flattened pieces of folded up aluminum foil. This is common packaging for LSD or Acid. Inside the foil were several colorful pieces of paper like material with graphics on them. The colorful pieces of paper are common means for LSD to be distributed for use. Also inside the backpack was a prescription bottle and a fishing license, both in Lake s name. There were a total of 57 dosage units of suspected LSD in the foil packets. At least one of the LSD stamps had a picture of Johnny Depp s Mad Hatter character. This is the same graphic previously found in Knott s possession. On September 8, 2017, Knott agreed to sell 100 hits of LSD or acid to undercover agents. On that date, Knott did sell 26 doses of suspected LSD or acid to undercover agents. The graphic that Knott advertised for sale, and the graphic contained on the suspected acid sold were also the Johnny Depp s Mad Hatter character. Valenzuela was interviewed post Miranda. Valenzuela admitted the marijuana found directly under Knott was his. Valenzuela admitted the cash found was his. Valenzuela admitted the scale that was found was his. Valenzuela admitted the vehicle was his, and that he purchased it from a female he knew. LSD or Acid is a Schedule I controlled substance under the chemical name Lysergic Acid Diethylamide and is classified as a hallucinogen. PLEASE TAKE NOTICE: Pursuant to Minn. Stat. 609.49., 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
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 Neal Pederson Electronically Signed: Captain 25 NW 4th Street Badge: 3202 09/25/2017 11:13 AM Rice County, Minnesota Being authorized to prosecute the offenses charged, I approve this complaint. Prosecuting Attorney Brian M Mortenson 218 NW 3rd Street (507) 332-6103 Electronically Signed: 09/25/2017 11:04 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 218 NW 3rd Street, 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: September 25, 2017. Judicial Officer John T Cajacob Electronically Signed: 09/25/2017 11:25 AM Sworn testimony has been given before the Judicial Officer by the following witnesses: COUNTY OF RICE STATE OF MINNESOTA State of Minnesota Plaintiff vs. Austin James Valenzuela 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
Name: DOB: 08/21/1998 DEFENDANT FACT SHEET Austin James Valenzuela Address: 29 1st Ave NW #1 Alias Names/DOB: SID: Height: Weight: Eye Color: Hair Color: Gender: Race: Fingerprints Required per Statute: MN17KJ8085 135lbs. Yes Fingerprint match to Criminal History Record: Yes Handgun Permit: Driver's License #: Alcohol Concentration: No T880287299416 (MN) 6
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 9/23/2017 152.025.1(1) Drugs - 5th Degree - Sale - Marijuana mixture except small amount of marijuana with no remuneration 2 Charge 9/23/2017 152.097.1(3) Drugs - Simulated - Lead to Believe is Controlled Substance Felony DH248 MN0660100 17006128 Felony DB008 MN0660100 17006128 7