* * DISTRICT COURT STATE OF MINNESOTA SECOND JUDICIAL DISTRICT COUNTY OF RAMSEY COURT FILE NO.: PROSECUTOR FILE NO.

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DISTRICT COURT STATE OF MINNESOTA COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT COURT FILE NO.: PROSECUTOR FILE NO.: State of Minnesota,

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Transcription:

STATE OF MINNESOTA COUNTY OF RAMSEY Page: 1 of 8 DISTRICT COURT SECOND JUDICIAL DISTRICT COURT FILE NO.: PROSECUTOR FILE NO.: 2135365 State of Minnesota, Plaintiff, v. Kevin Scott Evans (DOB: 06/13/1965) Current Address Unknown Defendant. FELONY CRIMINAL COMPLAINT Summons Warrant Order of Detention Amended Certified Juvenile EJJ The Complainant, being duly sworn, makes complaint to the above-named Court and states that there is probable cause to believe that the Defendant committed the following offense(s): COUNT 1 On or about the 28th day of December, 2014, in Ramsey County, Minnesota, the defendant, KEVIN SCOTT EVANS, did unlawfully cause the death of M.S, with intent to effect the death of M.S, and used a dangerous weapon consisting of a knife. Said acts constituting the offense of Murder in the Second Degree in violation of MN Statute: 609.19.1(1); 609.11.4; 609.1095.2 Maximum Sentence: 40 years.

STATEMENT OF PROBABLE CAUSE Page: 2 of 8 The Complainant states that the following facts establish probable cause: On December 19, 2014, MS (DOB: 12-20-1976) obtained an Order for Protection in Ramsey County District Court. The order prohibited her ex-boyfriend, KEVIN SCOTT EVANS (DOB: 3-16-1965), from having contact with her or her residence at 313 North Dale Street, Saint Paul, Ramsey County. The OFP was personally served on Evans that same day while he was at the Ramsey County Law Enforcement Center. On December 1, 2014, Evans had been trespassed from the building for a month by security for causing MS to be fearful of him. On December 17, 2014, Evans was trespassed from the building for a year because security had repeatedly documented his return to the property. In her OFP application MS explained that she had run into Evans while at the library where he punched her in the face before fleeing. Later that evening Evans spray-painted free pussy on the wall outside of her apartment and on her door. Evans then banged on and kicked her door while holding a large knife. MS said the spray-painting and door kicking incidents were captured on surveillance video. On December 27, 2014, MS called police to report that Evans had been violating the Order for Protection and calling a friend of hers, LB, who lives in the same building. LB said Evans had been calling her all day trying to get in contact with MS. Evans threatened to slit MS throat and to put a bullet in her head. MS told responding officers that Evans told her she can t even go outside without him hurting her. MS also found a note underneath her apartment door that read, Kevin wants you to call him about clothes and got you a liter. MS did not know who wrote the note for Evans and said the liter referred to alcohol. At 8:38 pm on December 28, 2014, Saint Paul Police Officers were sent to 313 North Dale Street on a woman who had been stabbed several times in the chest and head. Officers recalled receiving information at roll call about a man who had threatened to stab a woman at that address. Officers arrived and located MS lying on the hallway floor in a pool of blood. MS was unresponsive. Her eyes were open, but they did not move and were lifeless. Her breath was sporadic and very shallow. MS was drenched in blood and she had blood coming out of her chest wounds and mouth. Officers saw the hallway was covered in blood and followed its trail from the elevator doors down the hallway to the north stairwell. Officers heard a smoke alarm going off in apartment 239 and smelled burning food. Officers approached and saw a large pool of blood coming from the apartment. Officers entered the apartment and found it full of smoke that came from a burning pan of meat on the stove. Officers saw the apartment floor was covered in blood and located a knife on the bedroom floor. Medics arrived and transported MS to Regions Hospital. Doctor McGonigal operated on MS and he later told police that she had three major stab wounds one to her chest and two to her abdomen. She also had several minor wounds to her hands, arms, and face. Doctor McGonigal said he was able to repair the wound to her chest and one of her abdominal wounds. The second abdominal wound penetrated MS liver and he was unable to stop it from bleeding. He anticipated that MS would bleed to death within a few hours. MS died at 12:42 am on December 29, 2014. A building security guard reviewed surveillance video and positively identified Evans as leaving MS apartment after she left her apartment in search of help. Evans left the building in the opposite direction of that where MS was attempting to get help by knocking on her neighbors doors.

Page: 3 of 8 Evans case manager, ZW, left a message for Evans after he had received a message from police inquiring if he knew Evans whereabouts. ZW sent Evans a message to call him, and Evans called ZW saying he was down by the Mission underneath the Lafayette Bridge. Evans told ZW he was in trouble and thought he may have killed someone. Evans then hung up on ZW and didn t answer when ZW called back. Saint Paul Police Officers located and arrested Evans at the Minneapolis Public Library. Evans wore the same clothing when arrested that he wore when he left MS apartment. Evans was advised of his constitutional rights and agreed to speak to Sergeant Donahue. Evans said that he went to MS apartment building because she wanted to tell him what was going on with the restraining order and stuff like that. A neighbor let Evans into the building and they went to the neighbor s apartment. MS gave Evans her keys and he went to her apartment. The neighbor and MS later joined Evans inside MS apartment, but the neighbor eventually left. While there, MS told Evans she had been having an affair with another man. Evans said MS wanted to call a man over to have sex with her as she performed oral sex on Evans simultaneously. Evans said he lost it because he didn t know MS was like that and he wanted to marry her. He could no longer take watching other people make love to his girlfriend and he snapped. Evans said MS pushed him and grabbed a stick or mop handle and swung at him so he grabbed a steak knife in the kitchen. Evans said he stabbed her in the bedroom and he didn t know how many times he stabbed her. Evans made a stabbing motion and said he just kept on, got scared, and fled. Evans said he couldn t remember anything after that and said he had been running all night. Evans denied wanting to kill MS and said that he was upset and that everything happened at the same time. Evans has 2 prior violent crime convictions as defined by Minnesota Statute 609.1095, subd. 1(d): On October 22, 1986, Evans was sentenced in Ramsey County District Court to 243 months in prison for the intentional murder of Robert Ohm. Evans stabbed Ohm and stole Ohm s rings; and On November 1, 2011, Evans was sentenced on an attempted aggravated robbery in the first degree in Hennepin County District Court file 27-CR-11-31947. Assistant Medical Examiner, Butch Huston, performed the autopsy on MS. He determined that the cause of her death was a stab wound to the abdomen and that the manner of her death was homicide. NOTICE: Pursuant to Minnesota Statute 609.49, subd. 1 (a) A person charged with or convicted of a felony and released from custody, with or without bail or recognizance, who intentionally fails to appear when required after having been notified that a failure to appear for a court appearance is a criminal offense, or after having been released on an order or condition that the releasee personally appear when required with respect to the charge or conviction, is guilty of a crime for failure to appear and may be sentenced to not more than one-half of the maximum term of imprisonment or fine, or both, provided for the underlying crime for which the person failed to appear, but this maximum sentence shall, in no case, be less than a term of imprisonment of one year and one day or a fine of $1,500, or both.

Page: 4 of 8 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 S NAME: Bobby Donahue COMPLAINANT S SIGNATURE: Subscribed and sworn to before the undersigned this day of, 20. NAME/TITLE: SIGNATURE: Being authorized to prosecute the offenses charged, I approve this complaint. Date: 12/30/2014 PROSECUTING ATTORNEY S SIGNATURE: Name: Derek Fitch Assistant Ramsey County Attorney 345 Wabasha Street North, Suite 120 St. Paul, MN 55102 651-266-3222/pv Attorney Registration #328339

Page: 5 of 8 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. SUMMONS THEREFORE YOU, THE ABOVE-NAMED DEFENDANT, ARE HEREBY SUMMONED to appear on the day of, 20 at before the above-named court at to answer this complaint. IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued. WARRANT Execute in MN Only Execute Nationwide Execute in Border States To the Sheriff of the above-named county; or other person authorized to execute this warrant: I hereby order, in the name of the State of Minnesota, that the above-named Defendant be apprehended and arrested without delay and brought promptly before the abovenamed 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. ORDER OF DETENTION Since the above-named Defendant is already in custody, I hereby order, subject to bail or conditions of release, that the above-named Defendant continue to be detained pending further proceedings. Bail: $1,000,000.00 Conditions of Release: This complaint, duly subscribed and sworn to, is issued by the undersigned Judicial Officer this day of, 20. JUDICIAL OFFICER: NAME: TITLE: SIGNATURE: Sworn testimony has been given before the Judicial Officer by the following witnesses: Clerk s Signature or File Stamp: COUNTY OF RAMSEY STATE OF MINNESOTA STATE OF MINNESOTA vs. KEVIN SCOTT EVANS Plaintiff, Defendant. RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this COMPLAINT upon the Defendant herein named. Signature of Authorized Service Agent:

FINDINGS OF FACT Page: 6 of 8 Probable cause found that defendant committed the offenses charged. Ordered defendant's motion to dismiss denied. Plea of not guilty to all counts entered. Trial and hearing on all issues set. Dated: JUDGE OF DISTRICT COURT

DEFENDANT DATA / CHARGE SHEET ATTACHMENT A Page: 7 of 8 DEFENDANT NAME: KEVIN SCOTT EVANS DOB: 06/13/1965 Defendant alias name(s): Buckwheat Alias DOB(s): Defendant last known address: Current Address Unknown State ID: MN83008249 Fingerprint ID: 117626 FBI ID: 117856CA8 St. Paul PD ID: Offender ID: OTHER DEFENDANT / CASE IDENTIFIERS: Fingerprinted? No Yes Handgun permit? No Yes (Issuing Agency: ) Location of violation: IF DRIVING OFFENSE: Driver's License Number: Issuing State: License Plate Number: Issuing State: Accident Type: No injury/no damage check all that apply Personal Injury Blood Alcohol Concentration (BAC): Property Damage Fatality

Page: 8 of 8 FELONY WARRANT AND ORDER OF DETENTION COMPLAINT CT OFFENSE NO DATE STATUTE TYPE STATUTE NBR STATUTE DESCRIPTION OFFENSE LEVEL MOC G O C AGENCY ORI CN NBR FUNCTION 1 12/28/2014 Charge 609.19.1(1) Murder - 2nd Degree - With Intent-Not Premeditated Penalty 609.11.4 Minimum Sentences of Imprisonment-Use Dangerous Weapon Penalty 609.1095.2 Dangerous Offenders- Increased Penalties-3rd Violent Crime F H2E32 N St. Paul Police Dept. ORI - MN0620900 CN - 14279207 Charging