State of Minnesota County of Rice State of Minnesota, vs. Plaintiff, JEREMIAH JON SMITH DOB: 03/14/1980 853 Westwood Dr Faribault, MN 55021 Defendant. District Court 3rd Judicial District Prosecutor File No. 0660039508 Court File No. 66-CR-17-2444 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: Theft-By Swindle Minnesota Statute: 609.52.2(a)(4), with reference to: 609.52.3(2) Maximum Sentence: Up to 10 years prison or $20,000 fine, or both Offense Level: Felony Offense Date (on or about): 10/23/2015 to 05/24/2016 Control #(ICR#): 16001604 Charge Description: Between October 23, 2015 and May 24, 2016, in the County of Rice, Minnesota, Jeremiah Jon Smith did obtain possession of property or services from people with an aggregate value of more than $5,000, by means of swindle. 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 May 24, 2016, the Faribault Police Department received a report of possible theft by fraud. A complainant reported that Jeremiah Jon Smith, DOB: 3/14/1980 (hereinafter the defendant), claimed to have stage 4 terminal cancer. The defendant stated he only had 18-24 months to live after being diagnosed with cancer around October 23, 2015. A month later, the defendant reported he only had six months to live. The defendant said he went to two or three doctor appointments but refused to allow his wife to attend those appointments with him. The defendant resides in Rice County. A Go Fund Me fundraiser was created based on the defendant s representation that he was suffering from cancer. Numerous people, believing the defendant to be dying from cancer, donated over $6,800. That money that was donated was given to the defendant and received in Rice County. The defendant quit his job about a month after he claimed to receive his diagnosis. The defendant changed his story about how he was told about his cancer. The defendant once claimed he received a phone call. Another time, the defendant claimed a nurse told him. The defendant said he went to Olmsted Medical Center (OMC) and on a trial medication. A phone call was placed to OMC by the complainant and they were told OMC does not participate in trial medications. The defendant claimed he was being treated by Dr. Bartels. Dr. Bartels is a Family Practice Doctor at OMC. On February 6, 2016, a dart tournament, beer bust, and silent auction fundraiser took place for the defendant at Biff s in Spring Lake Park, MN. The event raised nearly $6,600. On February 20, 2016, a second benefit took place for the defendant in Northfield. This was advertised as a live and silent auction, food and door prizes. This event raised about $9,000. According to the complainant, the defendant spent all of the money from the fundraisers. Only about $4,000 was used for outstanding bills. The complainant said the rest of the money went towards Clash of Clans video game, drinking, dart tournaments, and marijuana. The benefits were held for the defendant based on the defendant s representation that he was dying of cancer. The defendant s wife attempted to obtain medical records but was denied by the Clinic. She reported never seeing a medical bill or record regarding the defendant s cancer treatment. The defendant s wife looked around the house for any evidence of the defendant s cancer, but was unable to find anything showing the defendant had cancer. The defendant s wife attempted to obtain assistance from Rice County 2
Social Services, but the defendant refused to sign paperwork. That paperwork would have allowed Social Services to obtain the defendant s medical records. On June 10, 2016, Faribault Police Department detectives spoke with the defendant. They presented the allegation to him and allowed him an opportunity to provide his medical records. The defendant agreed to provide his records to the detectives. The defendant said he would have them by June 13, 2016. The defendant never provided the records he agreed to provide. On June 21, 2016, detectives from both Faribault Police Department and Northfield Police Department spoke with the defendant. The conversation was at the defendant s home. The defendant told the detectives he was going to the doctor on June 23, 2016 and the last few weeks had been rough for him due to two deaths in his family. The defendant said he was not trying to dodge anyone. The defendant figured since he already had a checkup in Rochester, that he could get his records at that time. On June 27, 2016, the defendant left a message with Faribault Police Department stating he had his medical records set to be faxed on June 29, 2016 and to call him if they had questions. On June 30, 2016, the defendant s wife spoke with a Faribault detective. She said the defendant was sitting at the Trucker s Inn truck stop and believed every car there was looking for him. The defendant called the Sheriff s office asking why they were looking for him. The defendant s wife said he was very paranoid. The defendant would not leave the truck stop. On July 1, 2016, Faribault Police Department detectives met with the defendant at his home. The defendant told detectives he had talked with his family and was not impressed that someone was nosy and thought they needed to know everything. He wasn t going to show anything to his accuser and would deal with the consequences. The defendant repeated he was sick and had cancer. The defendant went so far as to describe the cancer started in his colon and progressed to his kidneys and bladder. The Defendant said his doctor was Dr. Bartels from OMC. On November 21, 2016, detectives were granted a search warrant for the defendant s medical records at Olmsted Medical Hospital and Clinics. The defendant s own medical records are devoid of any cancer diagnosis. On February 21, 2017, detectives obtained a search warrant from Olmsted County District Court to speak with Dr. Bartels about the defendant. The defendant told detectives that Dr. Bartels was the doctor who diagnosed the defendant with cancer. The doctor said he last saw the defendant on May 23, 2016. The doctor said he remembered the defendant. The doctor said he treated the defendant in May for Attention 3
Deficit Disorder. The doctor said he saw the defendant in September 2015 for insomnia and ADD. In March 2016, the defendant was seen by an OMC surgeon for small lipomas inside the abdominal walls. The lipomas were not cancerous and would not be considered cancer. The doctor was clear he never diagnosed the defendant with cancer. The defendant never referred the defendant to another doctor for cancer or cancer like symptoms. According to the doctor s personal and professional knowledge, the defendant does not have cancer. The lipomas Smith had removed would not cause him to be terminally ill. The defendant s wife indicated they received $17,000 from benefits and over $6,000 online. The Money online went into their bank account and approximately $4,000 was used on bills. The money from benefits were given to the defendant in cash. Aside from some being spent on bills, the defendant s wife does not know what all the defendant spent the money on. She knows that the defendant bought new tablets for himself and his son. She knows that some money was being spent on marijuana. All of the money donated to the defendant was based on the defendant s representation that he was dying of cancer. 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. 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 Paul Haider Electronically Signed: Sergeant 1615 Riverview Drive Northfield, MN 55057 Badge: 6406 10/04/2017 08:29 AM Rice County, MN Being authorized to prosecute the offenses charged, I approve this complaint. Prosecuting Attorney Brian M Mortenson 218 NW 3rd Street Faribault, MN 55021 (507) 332-6103 Electronically Signed: 10/04/2017 08:21 AM 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). X SUMMONS THEREFORE YOU, THE DEFENDANT, ARE SUMMONED to appear on November 8, 2017 at 10:00 AM before the above-named court at 218 NW 3rd Street, Faribault, MN 55021 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 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: October 4, 2017. Judicial Officer Thomas M Neuville Judge of District Court Electronically Signed: 10/04/2017 09:12 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. Jeremiah Jon Smith Defendant LAW ENFORCEMENT OFFICER 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
Name: DEFENDANT FACT SHEET Jeremiah Jon Smith DOB: 03/14/1980 Address: Alias Names/DOB: SID: Height: Weight: Eye Color: Hair Color: Gender: Race: Fingerprints Required per Statute: 853 Westwood Dr Faribault, MN 55021 225lbs. Yes Fingerprint match to Criminal History Record: No Handgun Permit: Driver's License #: Alcohol Concentration: No Z476293965317 (MN) 7
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 10/23/2015 609.52.2(a)(4) Theft-By Swindle Penalty 10/23/2015 609.52.3(2) Theft-Value over $5,000 or Trade Secret, Explosive, Controlled Substance I or II Felony TS011 MN0660200 16001604 Felony TS011 MN0660200 16001604 8