State of Minnesota County of Rice State of Minnesota, vs. Plaintiff, JEREMIA MICHAEL ROBERTS DOB: 05/19/1986 Kuckler Foster Home 41731 10th Avenue Nerstrand, MN 55053 Defendant. District Court 3rd Judicial District Prosecutor File No. A-16-0550 Court File No. 66-CR-16-2531 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: Possess Ammo/Any Firearm - Conviction or Adjudicated Delinquent for Crime of Violence Minnesota Statute: 624.713.1(2), with reference to: 624.713.2(b), 609.11.5 Maximum Sentence: Not more than 15 years, a $30,000 fine, or both; mandatory minimum of not less than five years. Offense Level: Felony Offense Date (on or about): 10/28/2016 Control #(ICR#): 16000081 Charge Description: On or about October 28, 2016, in Rice County, Minnesota, Jeremia Michael Roberts, the defendant, did possess any firearm and the defendant is a person who has been convicted of, or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, in this state or elsewhere, a crime of violence. COUNT II Charge: Giving Peace Officer False Name-of Another Person Minnesota Statute: 609.506.2, with reference to: 609.506.2 Maximum Sentence: 1 year in jail, a $3,000 fine, or both Offense Level: Gross Misdemeanor Offense Date (on or about): 10/28/2016 Control #(ICR#): 16000081 Charge Description: On or about October 28, 2016, in Rice County, Minnesota, Jeremia Michael Roberts, the defendant, did with intent to obstruct justice, gave the name and date of birth of another person to a peace officer, when the officer made inquiries incident to a lawful investigatory stop or lawful arrest, or inquiries incident to executing any other duty imposed by law. 1
STATEMENT OF PROBABLE CAUSE The Complainant states that the following facts establish probable cause: Your Complainant and/or Signing Officer designated below, being duly sworn, 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 October 28, 2016, at about 11:30 p.m., Chief Osborne of the Morristown Police Department responded to a report of a suspicious vehicle located on the 2500 block of Jackson Avenue in Rice County. The vehicle was described as a dark-colored mini-van. It was reported that the driver was slumped over the seat and not moving. Chief Osborne arrived on the scene and located the vehicle. The driver admitted that he did not have a valid driver s license. The driver identified himself as Zacharia Frances Robert, date of birth 7/28/1984. The officer saw several individuals hiding under blankets in the back of the van. One of the individuals ran from the scene. The officer located a wallet on the driver s person. The driver said it was his brother s wallet. The wallet had the birth certificate for JEREMIA MICHAEL ROBERTS, date of birth 5/9/1986, the defendant herein. The officers located a shotgun on the back floor area of the van. The shotgun was uncased and behind the driver s seat. The shotgun was unloaded. There was a rifle scope next to the shotgun. The female passenger said she thought the driver was running from a treatment center. The officers were able to confirm by a MN DVS photograph that the driver was JEREMIA MICHAEL ROBERTS, date of birth 5/9/1986, not Zacharia Roberts. According to MN DVS information, the officers noted that Zacharia Roberts is an actual person with a valid MN DL. The female passenger said the driver was Jeremia Roberts. She said the defendant had put the shotgun in the vehicle last evening. The female passenger said they may have been jacking cars last evening. They had stopped in the field to sleep. The defendant said it was the female passenger s gun. He also declined to acknowledge that he was Jeremia Roberts when asked by a deputy. The officers also located, drug paraphernalia, a scope and bolt cutters in the vehicle. The officers also located a cigar box that contained marijuana contraband and $13 in cash. The female passenger said the marijuana contraband belonged to one of the male individuals. The defendant was arrested. The defendant was transported to the Rice County Jail. The defendant was informed of his Miranda Rights. He declined to speak to the officer. In April of 2016, in Steele County, the defendant was convicted of Fifth Degree Controlled Substance - Possession (felony), 74-CR-15-2230. The court imposed a felony level sentence. One of the conditions of the sentence included that the defendant not possess firearms, ammunitions or explosives. The offense is considered a crime of violence pursuant to Minn. Stat. 624.712, subd. 5. The defendant is therefore not eligible to possess a firearm. PLEASE TAKE NOTICE: Pursuant to Minn. Stat. 609.49., intentional failure to appear for duly scheduled 2
court appearances may result in additional criminal charges, and in addition to any arrest warrant that may otherwise be issued by the Court. 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 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 David L Osborne Electronically Signed: Morristown Police Chief 402 Division Street S PO Box 362 Morristown, MN 55052 Badge: 3601 10/31/2016 09:21 AM Rice County, Minnesota Being authorized to prosecute the offenses charged, I approve this complaint. Prosecuting Attorney Thao N. Trinh Assistant Rice County Attorney 218 NW 3rd Street Faribault, MN 55021 (507) 332-6103 Electronically Signed: 10/31/2016 09:09 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 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: October 31, 2016. Judicial Officer John T Cajacob Electronically Signed: 10/31/2016 10:16 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. Jeremia Michael Roberts 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: 5
Name: DOB: 05/19/1986 Address: Alias Names/DOB: SID: 05087370 Height: Weight: Eye Color: Hair Color: Gender: Race: Fingerprints Required per Statute: DEFENDANT FACT SHEET Jeremia Michael Roberts Kuckler Foster Home 41731 10th Avenue Nerstrand, MN 55053 MALE Yes Fingerprint match to Criminal History Record: No Handgun Permit: Driver's License #: Alcohol Concentration: No C233056869808 (MN) 6
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 10/28/2016 624.713.1(2) Possess Ammo/Any Firearm - Conviction or Adjudicated Delinquent for Crime of Violence Felony W1643 N MN0660500 16000081 Penalty 10/28/2016 624.713.2(b) Possesses any type of firearm/ammo - Crime of Violence - ineligible under 624.713.1(2) Felony W1643 N MN0660500 16000081 2 Charge 10/28/2016 609.506.2 Giving Peace Officer False Name-of Another Person Penalty 10/28/2016 609.506.2 Giving Peace Officer False Name-of Another Person Gross Misdemeanor Gross Misdemeanor X2200 N MN0660500 16000081 X2200 N MN0660500 16000081 7