State of Minnesota County of Rice State of Minnesota, vs. Plaintiff, RICHARD KENNETH SMITH DOB: 07/18/1968 304 Washington Street S, Apt. 9 Northfield, MN 55057 Defendant. District Court 3rd Judicial District Prosecutor File No. 0660040883 Court File No. 66-CR-17-1938 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): Charge: Threats of Violence-Intent to Terrorize Minnesota Statute: 609.713.1 Maximum Sentence: 5 years and/or $10,000 fine Offense Level: Felony Offense Date (on or about): 08/05/2017 Control #(ICR#): 17001091 COUNT I Charge Description: On or about August 5, 2017, in the County of Rice, Minnesota, Richard Kenneth Smith, did directly or indirectly threaten to commit a crime of violence, with purpose to cause, or in reckless disregard of the risk of causing, terror. COUNT II Charge: Domestic Assault-GM-Subsequent Violation Minnesota Statute: 609.2242.2 Maximum Sentence: 1 year and/or $3,000 fine Offense Level: Gross Misdemeanor Offense Date (on or about): 08/05/2017 Control #(ICR#): 17001091 Charge Description: On or about August 5, 2017, in the County of Rice, Minnesota, Richard Kenneth Smith did assault a family or household member, within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency. COUNT III Charge: Assault-5th Degree-Misdemeanor Minnesota Statute: 609.224.1 1
Maximum Sentence: 90 days and/or $1,000 fine Offense Level: Misdemeanor Offense Date (on or about): 08/05/2017 Control #(ICR#): 17001091 Charge Description: On or about August 5, 2017, in the County of Rice, Minnesota, Richard Kenneth Smith did intentionally inflict or attempt to inflict bodily harm to another. Charge: Disorderly Conduct-Brawling or Fighting Minnesota Statute: 609.72.1(1) Maximum Sentence: 90 days and/or $1,000 fine Offense Level: Misdemeanor Offense Date (on or about): 08/05/2017 Control #(ICR#): 17001091 COUNT IV Charge Description: On or about August 5, 2017, in the County of Rice, Minnesota, Richard Kenneth Smith did engage in brawling or fighting in a in public knowing or having reason to know such language or conduct will tend to alarm, anger or disturb others or provoke an assault or breach of the peace. 2
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 August 5, 2017 at approximately 9:51 p.m., Northfield Police Officers Bollig and Watkins responded to the 500 block of Division Street South in Northfield regarding a domestic dispute. This is located in Rice County. Officer Bollig located an involved party, R.A., who was on his cell phone at one point with his girlfriend, M.W., at the time. M.W.'s mother is L.R., who is involved in a and romantic relationship with Richard Kenneth Smith, dob 07/18/1968, herein the defendant. R.A. reported that he was walking downtown in Northfield when he encountered L.R. and the defendant. R.A. advised that the defendant pushed L.R. and then also pushed R.A. The defendant then took a swing at R.A., who ducked, but the defendant hit L.R. instead. R.A. described that he had seen L.R. standing outside the Rueb N' Stein talking with several people in a group. R.A. went over and began talking with L.R. when the defendant approached L.R. and began disparaging R.A. to her. The defendant then wanted to go back inside the Rueb N' Stein and began pushing L.R. through the crowd of people. R.A. approached the defendant inside the bar and told him "that's not cool, don't put your hands on my step mom." The defendant got angry and responded, "Don't you talk to me you piece of shit. I'll snap you in half right now!" Officer contacted the defendant and determined that they were going to let him go as long as he left M.W. and R.A. alone for the night. When Officer Bollig was releasing the defendant, the defendant expressed that he was unhappy with their involvement, stating "I am in my legal rights to disagree with you. And I am 100%... I'm gonna talk my shit. I'm gonna say whatever the fuck I wanna say. I don't care what you motherfuckers think. I will listen to you dumb motherfucks. And pretend that you're intelligent. And I know that you're both dumb, but you're not... You're both jackasses so fuck off." The defendant then gave the officers his two middle fingers as he walked away. Officers were later sent out again at approximately 10:55 p.m. to the apartment building at 304 Washington Street South. At that time, it was reported that the defendant had drug L.R. down the stairs in the apartment building. This was witnessed by M.W., in addition to being reported by L.R. L.R. was observed to have some bruising that consistent with being physically drug. L.R. also reported that her left foot got caught on the stairs, and there was dried blood in that area, also consistent with the assault by the defendant. It 3
should be noted that M.W. lives in the apartment that is directly next to the defendant's apartment, which the defendant shares with L.R. M.W. reported that she had been on the phone with R.A. earlier, at which time the defendant pounded on her door (which is typical for the defendant to do, particularly when M.W. is talking to R.A.). As M.W. was talking with R.A., the defendant told M.W. at least 6 times, "Send him (R.A.) to me. I am going to kill him." M.W. went on to say that she could hear the defendant yelling at her mother, L.R., to "get in the fucking house." A few minutes later, M.W. heard L.R. outside the door saying that her foot is caught. M.W. then opened her door and could see the defendant shove L.R. on the ground. The defendant has a prior domestic violence-related conviction from 2009. 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 Mark Dukatz Electronically Signed: Deputy Chief 1615 Riverview Drive Northfield, MN 55057 Badge: 6402 08/07/2017 10:04 AM Rice County, Minnesota Being authorized to prosecute the offenses charged, I approve this complaint. Prosecuting Attorney Kristine H Word Assistant County Attorney 218 NW 3rd Street Faribault, MN 55021 (507) 332-6103 Electronically Signed: 08/07/2017 09:57 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). SUMMONS THEREFORE YOU, THE DEFENDANT, ARE SUMMONED to appear on, at AM/PM 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 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: August 7, 2017. Judicial Officer John T Cajacob Electronically Signed: 08/07/2017 10:19 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. Richard Kenneth Smith 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
Name: DOB: 07/18/1968 DEFENDANT FACT SHEET Richard Kenneth Smith Address: 304 Washington Street S, Apt. 9 Northfield, MN 55057 Alias Names/DOB: SID: Height: Weight: Eye Color: Hair Color: Gender: Race: Fingerprints Required per Statute: MN99005202 245lbs. Yes Fingerprint match to Criminal History Record: Yes Handgun Permit: Driver's License #: Alcohol Concentration: No E165022545712 (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 8/5/2017 609.713.1 Felony A9B02 MN0660200 17001091 Terroristic Threats-Reckless Disregard Risk 2 Charge 8/5/2017 609.2242.2 Domestic Assault-GM-Subsequent Violation Gross Misdemeanor AK351 MN0660200 17001091 3 Charge 8/5/2017 609.224.1 Assault-5th Degree-Misdemeanor 4 Charge 8/5/2017 609.72.1(1) Disorderly Conduct-Brawling or Fighting Misdemeanor A5352 MN0660200 17001091 Misdemeanor N3030 MN0660200 17001091 8