State of Minnesota County of Hennepin State of Minnesota, vs. Plaintiff, ANTHONY LAMONT FOOTE DOB: 08/05/1992 608 SELBY AVE #4 St. Paul, MN 55101 Defendant. District Court 4th Judicial District Prosecutor File No. 16A09475 Court File No. 27-CR-16-21352 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: Murder -1st Degree - Premeditated Minnesota Statute: 609.185(a)(1), with reference to: 609.11.5(a), 609.17.4(1), 609.05.1, 609.05.2, 609.185 Maximum Sentence: Twenty years. Offense Level: Felony Offense Date (on or about): 08/11/2016 Control #(ICR#): 16292103 Charge Description: That on or about August 11, 2016, in Hennepin County, Minnesota, ANTHONY LAMONT FOOTE, acting alone or intentionally aiding, advising, hiring, counseling or conspiring with another (ANTHONY REVON CLAY) or otherwise procures the other to commit the crime, attempted to cause the death of E.W., a human being, with premeditation and with intent to effect the death of that person, or another, while using or possessing a firearm. COUNT II Charge: Assault-2nd Degree-Dangerous Weapon Minnesota Statute: 609.222.1, with reference to: 609.222.1, 609.11.5(a), 609.05.1, 609.05.2, 609.101.2 Maximum Sentence: Seven years. Offense Level: Felony Offense Date (on or about): 08/11/2016 Control #(ICR#): 16292103 Charge Description: That on or about August 11, 2016, in Hennepin County, Minnesota, ANTHONY LAMONT FOOTE, acting alone or intentionally aiding, advising, hiring, counseling or conspiring with another (ANTHONY REVON CLAY) or otherwise procures the other to commit the crime, assaulted R.I., while using or possessing 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(b), 624.713.2(b), 609.11.9 Maximum Sentence: Fifteen years. Offense Level: Felony Offense Date (on or about): 08/11/2016 Control #(ICR#): 16292103 Charge Description: That on or about August 11, 2016, in Hennepin County, Minnesota, ANTHONY LAMONT FOOTE, possessed ammunition or a firearm and ANTHONY LAMONT FOOTE has been convicted or adjudicated delinquent in this state or elsewhere of a crime of violence, Burglary in the Third Degree on November 29, 2006, 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: On or about August 11, 2016, officers with the Minneapolis Police Department were dispatched to a bus stop located in the area of Dowling Avenue and Fremont Avenue North, Minneapolis, Hennepin County, Minnesota, on the report of a shooting. Upon arrival, officers observed the adult male victim R.I. lying down on the street near the bus stop. Officers observed that R.I. had suffered a gunshot wound to his face. Officers spoke to several witnesses at the scene. Witnesses informed officers that R.I. was at the bus stop when two different parties started shooting at each other. R.I. was an innocent bystander and in the crossfire was shot in the face. Witnesses then observed two of the male suspects involved in the shooting run from the scene and flee the scene in a silver Chevy Impala. Investigators spoke to victim R.I. R.I. informed officers that he was struck with broken glass and suffered lacerations to his face. R.I. had to seek medical treatment for his injuries. Adult male victim E.W. was identified as the target of the shooting. E.W. was standing next to R.I. when the shooting started. After the shooting, several witnesses observed E.W. hide a firearm. A firearm was subsequently recovered in the area identified by witnesses. Investigators spoke with E.W. E.W. informed investigators that he was standing next to R.I. at the bus stop. R.I. and E.W. were involved in a conversation. E.W. then heard eight shots and ran away from the area. E.W. returned to the bus stop and saw R.I. was bleeding from the face. E.W. assisted R.I. and then got on a MTC bus. Officers subsequently observed the silver Chevy Impala in the area. Officers attempted to initiate a traffic stop of the silver Chevy Impala. The passenger of the vehicle who was subsequently identified as ANTHONY LAMONT FOOTE, the Defendant herein, exited the vehicle and fled on foot. Officers observed that the Defendant was carrying a black handgun that was wrapped in a black t-shirt. The Defendant was subsequently apprehended in the area. A search of the area was done using a K9 officer. During a search of the area, officers discovered a black handgun with a black shirt wrapped around it. The driver of the vehicle was subsequently identified as ANTHONY REVON CLAY, the Co-Defendant herein. The Co-Defendant failed to stop for officers and fled in the silver Chevy Impala. The Co-Defendant was subsequently apprehended. Officers conducted a show up with the Defendant and Co-Defendant. Witnesses positively identified the Defendant and Co-Defendant as two of the individuals involved in the shooting. The Defendant was interviewed by investigators. In a post Miranda statement the Defendant initially denied any knowledge or involvement in the shooting. Investigators informed the Defendant that he had shot an innocent bystander who was at the bus stop. The Defendant then admitted to being involved in the shooting. The Defendant told investigators that the Defendant and Co-Defendant saw a person at the bus stop who had previously shot at him and his friends. The Defendant and Co-Defendant parked their vehicle around the block. The Defendant and Co-Defendant then walked back to the bus stop and began shooting at the person at the bus stop. The Defendant shot his firearm approximately ten times. The Defendant heard approximately three shots after he shot his firearm. The Defendant thought the person at the bus stop shot back but was unsure. The Co-Defendant was interviewed by investigators. In a post-miranda statement the Co-Defendant admitted to driving the silver Chevy Impala and fleeing officers. The Co-Defendant informed officers that 3
officers attempted to initiate a traffic stop of his vehicle. The Co-Defendant started to pull over when his front seat passenger jumped out of the car and fled on foot. The Co-Defendant then drove away because he thought he had a warrant. The Defendant was previously convicted of a crime of violence and is prohibited from possessing a firearm. On November 29, 2006, the Defendant was adjudicated delinquent of Burglary in the Third Degree (27-JV- 06-15490). 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. 358.116; Minn. R. Crim. P. 2.01, subds. 1, 2. Complainant Gregory Freeman Electronically Signed: Police Sergeant 350 S 5th St Minneapolis, MN 55415-1389 Badge: 2105 08/12/2016 03:51 PM Hennepin County, Minnesota Being authorized to prosecute the offenses charged, I approve this complaint. Prosecuting Attorney Dominick Mathews 300 S 6th St Minneapolis, MN 55487 (612) 348-5550 Electronically Signed: 08/12/2016 03:47 PM 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 401 Fourth Avenue S, Minneapolis, MN 55415 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: $1,000,000.00 Conditions of Release: No Contact with Victim; No Contact with Co-Defendant(s); No Possession of Weapons; Make All Appearances; Remain Law Abiding; Other: No contact with Victim Emileanzo Williams 1427 Knox Ave N Minneapolis MN 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: August 12, 2016. Judicial Officer Dennis Murphy Electronically Signed: 08/12/2016 04:06 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. ANTHONY LAMONT FOOTE 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: 6