State of Minnesota County of Wright State of Minnesota, vs. Plaintiff, CODY SCOTT PECH DOB: 08/23/1994 9161 DUNLAP AVENUE LEXINGTON, MN 55014 Defendant. District Court 10th Judicial District Prosecutor File No. 17-61752 Court File No. 86-CR-17-276 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: Criminal Vehicular Operation - Great Bodily Harm - Gross Negligence Minnesota Statute: 609.2113.1(1) Maximum Sentence: Five years, $10,000 or both Offense Level: Felony Offense Date (on or about): 01/19/2017 Control #(ICR#): 17001839 Charge Description: CODY SCOTT PECH, did cause great bodily harm to another while operating a motor vehicle in a grossly negligent manner, to-wit: B.E.O. COUNT II Charge: Criminal Vehicular Operation - Great Bodily Harm - Gross Negligence Minnesota Statute: 609.2113.1(1) Maximum Sentence: Five years, $10,000 or both Offense Level: Felony Offense Date (on or about): 01/19/2017 Control #(ICR#): 17001839 Charge Description: CODY SCOTT PECH did cause great bodily harm to another while operating a motor vehicle in a grossly negligent manner, to-wit: G.R. J. COUNT III Charge: Criminal Vehicular Operation - Substantial Bodily Harm - Gross Negligence Minnesota Statute: 609.2113.2(1) Maximum Sentence: Three years, $10,000 or both Offense Level: Felony 1
Offense Date (on or about): 01/19/2017 Control #(ICR#): 17001839 Charge Description: CODY SCOTT PECH did cause substantial bodily harm to another while operating a motor vehicle in a grossly negligent manner, to-wit: I.O.O. 2
STATEMENT OF PROBABLE CAUSE The Complainant states that the following facts establish probable cause: The complainant is a licensed police officer with the State of Minnesota. The complainant is familiar with the law enforcement officers submitting reports in this matter, and believe those persons to be reliable and their reports to be true and accurate. The complainant attests that, based on those reports, the following facts establish probable cause: On January 19, 2017, at approximately 6:51 a.m. officers with the Wright County Sheriff's Office were dispatched to a crash involving a motor vehicle and three pedestrians on 78th Street NE near the intersection with Parrish Avenue NE in the City of Otsego, Wright County, Minnesota. Officers learned that three high school students were struck by a Chevrolet Silverado as the students were walking to board a school bus. Detective Michael Lindquist was assigned to investigate the incident and responded to the location of the crash. Detective Lindquist spoke with officers at the crash scene and learned that a Vision Transportation school bus had stopped on the eastbound lane of 78th Street NE just southwest of Parrish Avenue NE with its stop arm extended and red flashing lights activated. Several high school students were gathered at the nearby bus stop, located on a sidewalk on the northwest corner of 78th Street NE and Parrish Avenue NE, and began crossing the westbound lane of 78th Street NE approaching the bus. Prior to making it across the westbound lane of 78th Street NE, three students were struck by a Chevrolet Silverado pick-up truck traveling westbound. The driver of the truck was identified as Cody Scott Pech, DOB: 8/23/1994, hereinafter 'defendant'. The three students the defendant crashed his truck into were identified as B.E.O., G.R.J., and I.O.O. The three students sustained significant injuries as a result of the crash. Officers at the scene of the crash rendered medical care to the three students and they were soon transported to Mercy Hospital via ambulance for treatment of their injuries. Detective Lindquist inspected the vehicle that was stopped at the location of the crash west of Parrish Avenue NE in the westbound lane of 78th Street NE. Detective Lindquist observed substantial damage on the front portion of the vehicle as well as the hood. Detective Lindquist noticed several large indentations on the hood of the vehicle. The school bus remained stopped in the eastbound lane of 78th Street NE just south of Parrish Avenue NE. Detective Lindquist identified the driver of the school bus as Jane Moe. Detective Lindquist took a statement from Ms. Moe. Ms. Moe is an experienced bus driver having driven school bus for more than 10 years. Ms. Moe indicated she transports students from Otsego to Rogers High School. Ms. Moe said the defendant crashed into the students at the last bus stop of her route, located at the corner of 78th Street NE and Parrish Avenue NE. A streetlamp is present at the location of the bus stop. Ms. Moe reports that her preceding stop was Park Avenue NE and 78th Street NE. Ms. Moe stated she pulled over to the shoulder just after that stop to permit cars behind the bus to pass. As soon as those cars passed the bus, Ms. Moe said she turned on her left turn signal to enter the roadway and also activated the eight-way flashing yellow school bus lights indicating she was approaching the school bus stop at Parrish Avenue NE and 78th Street NE. Ms. Moe described seeing a vehicle traveling west on 78th Street NE just as she approached Parrish Avenue NE. It appeared to Ms. Moe that the presence of the bus would be apparent to oncoming traffic. Ms. Moe said she came to a complete stop on 78th Street and Parrish Avenue NE. Upon coming to a stop, Ms. Moe activated the eight-way red flashing lights and extended the bus stop arm. Ms. Moe observed students standing at the bus stop under a streetlamp. Ms. Moe watched as the students began walking across 78th Street NE towards the bus. Ms. Moe indicated the vehicle traveling westbound on 78th Street NE plowed into the students when they were in the westbound lane of traffic. Ms. Moe estimated the speed of the vehicle at 30-40 mph when the driver crashed into the students. Ms. Moe didn't hear any tires 3
squealing or other indication the vehicle slowed down prior to striking the students. Immediately after the crash, Ms. Moe ran to the students and saw that they were seriously injured. Ms. Moe also spoke with the defendant who told her he didn't see anything. The defendant told Ms. Moe he didn't see the stop arm out on her bus and didn't see the kids crossing the street. Ms. Moe said 24 or 25 students were aboard the bus at the time of the crash. Ms. Moe indicated the time of the crash was approximately 6:49 a.m. Ms. Moe stated two additional children were present at the bus stop that were not injured. Detective Lindquist met with the defendant. After being advised of his rights, the defendant agreed to provide a statement to Detective Lindquist. The defendant admitted driving the Chevrolet Silverado pick-up that crashed into the students at the intersection of 78th Street NE and Parrish Avenue NE in Otsego. The defendant said he did not see a school bus nor did he see the flashing lights of the bus as he approached Parrish Avenue NE on 78th Street NE. The defendant said he didn't see the students until it was too late and started to slam on the brakes. The defendant admitted sliding into the three students and striking them with the front of his truck. The students on the bus at the time of the crash were transported to Rogers High School in a separate bus. Those students were interviewed by school resource officers. The students who witnessed the crash indicated the red flashing lights were activated and the stop arm was extended when the bus stopped at the intersection of 78th Street NE and Parrish Avenue NE prior to the defendant approaching the intersection. It appears the defendant was driving in a grossly negligent manner at the time he crashed into the three students. The defendant failed to see the school bus approaching Parrish Avenue NE from Park Avenue NE with its eight-way flashing yellow lights activated indicating the bus was approaching a bus stop. The defendant failed to observe the eight-way flashing red lights when the bus had stopped on 78th Street NE just south of Parrish Avenue NE. The defendant failed to see the extended school bus stop arm and entered the intersection in disregard of the flashing red lights and extended stop arm. The defendant neglected to see children walking from the bus stop across 78th Street NE towards the bus despite the presence of a streetlamp near the bus stop. When the defendant failed to stop his vehicle for the extended school bus stop arm and flashing red lights, he crashed into three students crossing the road and caused them to sustain significant injuries. The defendant's driving conduct exhibited a failure to exercise even a scant level of care and amounts to great negligence. As a result of the crash caused by the defendant, B.E.O., G.R.J., and I.O.O. each suffered significant injuries. B.E.O. suffered the most traumatic injuries and is in critical condition remaining unconscious. B.E.O. suffered a closed head injury, a severely fractured leg, and internal injuries that required surgery. B.E.O. sustained great bodily harm as a result of the crash. G.R.J. suffered great bodily harm as a result of the crash caused by the defendant. G.R.J. ruptured her spleen requiring it to be surgically removed. G.R.J. sustained serious facial fractures, broken ribs and severe lacerations to her feet. G.R.J. is also in critical condition. I.O.O. suffered substantial bodily harm as a result of the crash caused by the defendant consisting of facial fractures, a broken collar bone, and a bruised lung. 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 Scott R Albrecht Electronically Signed: Deputy Sheriff 3800 Braddock Avenue NE Buffalo, MN 55313 Badge: 372 01/20/2017 10:26 AM Wright County, Minnesota Being authorized to prosecute the offenses charged, I approve this complaint. Prosecuting Attorney Brian Anthony Lutes Assistant County Attorney 10 Second Street NW Room 400 Buffalo, MN 55313 (763) 682-7340 Electronically Signed: 01/20/2017 10:15 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 10 Second Street NW Room C201, Buffalo, MN 55313 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: January 20, 2017. Judicial Officer Kathleen Mottl District Court Judge Electronically Signed: 01/20/2017 10:47 AM Sworn testimony has been given before the Judicial Officer by the following witnesses: COUNTY OF WRIGHT STATE OF MINNESOTA State of Minnesota Plaintiff vs. CODY SCOTT PECH 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