OFFICE OF THE WASHINGTON COUNTY ATTORNEY PETER J. ORPUT COUNTY ATTORNEY Press Release Contact: Pete Orput Phone: 651-430-6115 FOR IMMEDIATE RELEASE DATE: January 26, 2015 HOMICIDE CHARGES IN DEATH OF OWNER OF MAHTOMEDI BAR County Attorney Pete Orput today announced the filing of 2 nd Degree Murder charges against Bailey Jordan Garcia, 19, of Pine Springs in the January 23, 2015, shooting death of the owner of Frigaard s Bar in Mahtomedi. Garcia was charged in Washington County District Court this morning with the unintentional killing during a drive-by shooting, which carries a Minnesota Guidelines sentence of 261-367 month sentence. Bail was set at $2,000,000. According to the complaint filed in the case, Garcia, parked near the intersection of Stillwater Road and Mahtomedi Avenue at about 3:30 a.m. saw the victims truck come up to a stop sign. Garcia shot at the truck with a 30.06 rifle from his own vehicle and fled the area. He crashed his vehicle and was later apprehended by Washington County Sheriff s deputies. Preliminary autopsy reports indicated the victim s lungs and aorta were perforated by the gunshot and he died therefrom. Orput stated, This matter continues to be under extensive investigation. Our thoughts go out to the family of the victim of this totally senseless crime. We will use every resource in our power to bring this defendant to justice. Complaint attached ####
State of Minnesota County of Washington State of Minnesota, vs. Plaintiff, BAILEY JORDAN GARCIA DOB: 01/07/1996 7380 Pinehurst Road Pine Springs, MN 55115 Defendant. Prosecutor File No. Court File No. District Court 10th Judicial District COMPLAINT Order of Detention CR-2015-78 The Complainant submits this complaint to the Court and states that there is probable cause to believe Defendant committed the following offense(s): Charge: Murder - 2nd Degree - Drive-by Shooting Minnesota Statute: 609.19.1(2) Maximum Sentence: 40 years Offense Level: Felony Offense Date (on or about): 01/24/2015 Control #(ICR#): 15002292 COUNT I Charge Description: caused the death of a human being, to wit: David Robert Frigaard, while committing or attempting to commit a drive-by shooting 1
STATEMENT OF PROBABLE CAUSE The Complainant states that the following facts establish probable cause: Your Complainant is a licensed peace officer in the State of Minnesota and is employed by the Washington County Sheriff's Office. In that capacity, your Complainant states the following to establish probable cause: On 01-24-2015, at approximately 3:17 a.m., Deputy Wilts was dispatched to the area of the Dugout Bar in the city of Mahtomedi, Washington County, on a report a loud gunshot or explosion. The caller advised dispatch that after the gunshot or explosion he heard a vehicle driving away. Deputy Wilts arrived at the area and did not locate any person injured or damaged property. At approximately 3:36 a.m., Deputy Wilts was dispatched to the area of Mahtomedi Avenue and Maple Street for suspicious activity. The caller reported seeing four people gathered around an SUV (MN LIC: 067PCJ) that had crashed and had significant damage. Deputies Wilts and Jackson arrived at the scene and located an SUV with significant damage which may have been caused by the SUV striking a tree. Deputy Wilts observed the rear and front license plate were concealed with what appeared to be a white paper towel. Deputy Jackson spoke with F.M., a witness who was standing by the SUV. F.M. stated that she and her friend D.R. found a male, later identified as BAILEY JORDAN GARCIA (DOB: 01-07-1996), the defendant herein, inside the crashed SUV. F.M. stated that the defendant was acting strange. D.R. stated that she observed a rifle and ammunition in the front passenger seat. The rifle was later identified as a 30.06 Savage Rifle with a scope attached (Ser. # 494474). Deputy Wilts made contact with the defendant. Deputy Wilts could smell an order of alcoholic beverage coming from the defendant. The defendant initially stated that he had only consumed one beer. However, the defendant later admitted consuming three beers and one glass of wine. The defendant stated that he heard a gunshot in downtown Mahtomedi and got scared and began to speed away. The defendant stated that he got into a fight earlier with his brother and father. Deputy Wilts asked the defendant why his license plates were covered and why he was in possession of a rifle. The defendant then stated that he pulled into East Shore Auto and took a shot at a "wolf." The defendant was then transported to Lakeview Hospital for minor injuries sustained from the accident. Inside the vehicle, Deputy Wilts located a spent 30.06 shell casing lying on the floorboard of the driver's side under the gas pedal, and more ammunition in the driver's side door compartment. Additionally, a bottle of Captain Morgan's Rum was located with about ¼ of liquid in the bottle remaining. After departing from the scene where the defendant crashed his vehicle, Sgt. Stoehr observed another vehicle was running in the area of Stillwater Blvd and Highway 244. Sgt. Stoehr saw that the vehicle went through a ditch between Wildwood Beach Road and Mahtomedi Ave, and eventually came to rest into front of a tree. Both doors were locked; however, the passenger side window was rolled down. Deputy Stoehr observed a bullet hole on the passenger side, directly to the rear of the passenger side window of the vehicle. A male was slumped over the wheel. Medics arrived and pronounced the male driver, later identified as D.R.F. (DOB: 08-30-1968), deceased. A preliminary autopsy reports that D.R.F. died as a result of exsanguination due to perforation of his lungs and aorta due to a gunshot wound to the thorax and concludes the manner of death as a homicide. After being treated at the hospital, the defendant was transported to Washington County Jail. The defendant stated that he was with his family earlier in the evening. The defendant admitted to consuming around three beers and a shot of Captain Morgan rum. The defendant stated that around 11:30 p.m. he got into a fight with his brother. After the defendant's father told him to go to his room, he became angry. The 2
defendant stated that he wanted to kill himself. After a short time, the defendant went to his closet and retrieved his rifle and a box of ammunition. The defendant stated he took the rifle, ammunition, and a bottle of Captain Morgan rum and drove to Mahtomedi Fire Department. The defendant said that he recently obtained a job with the Mahtomedi Fire Department. The defendant admitted to retrieving a cutting tool from the building to remove the trigger lock that was attached to his rifle. The defendant then went to fill up his gas tank and covered the license plates of his vehicle with a paper towel. The defendant initially admitted shooting a "few deer" that were located near the intersection of Stillwater Road and Mahtomedi Ave. The defendant then admitted that he was aiming at a truck that he saw at the intersection. The defendant admitted that he aimed his rifle out of his driver's side window at the truck and shot. The defendant admitted that after the shot went off he got scared and fled the area. The defendant said he got scared because he did not know if he hit the driver. D.R.F.'s vehicle was found in the area where the defendant admitted shooting his rifle at a truck. 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 Lloyd Gilbert Ackerknecht Electronically Signed: investigator 15015 62nd Street N PO Box 3801 Stillwater, MN 55082-3801 Badge: 133 01/26/2015 09:25 AM Subscribed and sworn to before the undersigned. Notary Public or Judicial Official Erin Thuente, Peace Officer License Number: 18073, Washington County, Minnesota. My license expires: 06/30/2015 Detective 15015 62nd Street N PO Box 3801 Stillwater, MN 55082-3801 Electronically Signed: 01/26/2015 09:31 AM Being authorized to prosecute the offenses charged, I approve this complaint. Prosecuting Attorney Imran Ali PO Box 6 15015 62nd Street North Stillwater, MN 55082 (651) 430-6115 Electronically Signed: 01/26/2015 09:21 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 14949 62nd Street N PO Box 3802, Stillwater, MN 55082-3802 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 is issued by the undersigned Judge as of the following date:,. Judicial Officer <judge name> Sworn testimony has been given before the Judicial Officer by the following witnesses: State of Minnesota vs. COUNTY OF WASHINGTON STATE OF MINNESOTA Plaintiff Bailey Jordan Garcia Defendant Clerk's Signature or File Stamp: 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