STATE OF MINNESOTA COUNTY OF DAKOTA DISTRICT COURT FIRST JUDICIAL DISTRICT COURT FILE NO. 19HA-CR-10-4077 COUNTY ATTORNEY FILE NO. CA-10-2066 CONTROLLING AGENCY: MNMHP0100 CONTROL NUMBER: 10405559 State of Minnesota, Plaintiff, [ ] SUMMONS [X] WARRANT [ ] ORDER OF DETENTION v. [ ] AMENDED LEAH CHRISTINA GRAEBER 14443 Edgewood Ave Savage MN 55378 DOB: 11-3-82 Defendant. COMPLAINT 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 I CRIMINAL VEHICULAR HOMICIDE GROSS NEGLIGENCE M.S. 609.21, subd. 1(1), subd. 1a.(a); 609.101 0-10 years and/or $6,000 - $20,000 MOC: J1A11 GOC: N That on or about July 18, 2010, in Dakota County, Minnesota, LEAH CHRISTINA GRAEBER did cause the death of a human being not constituting murder or manslaughter, as the result of operating a motor vehicle in a grossly negligent manner, to wit: Victim #1.
COUNT II CRIMINAL VEHICULAR OPERATION GREAT BODILY HARM M.S. 609.21, subd. 1(1), subd. 1a.(b); 609.101 0-5 years and/or $3,000 - $10,000 MOC: J1A21 GOC: N That on or about July 18, 2010, in Dakota County, Minnesota, LEAH CHRISTINA GRAEBER, did cause great bodily harm to another as the result of operating a motor vehicle in a grossly negligent manner, to wit: Victim #2. COUNT III CRIMINAL VEHICULAR OPERATION SUBSTANTIAL BODILY HARM M.S. 609.21, subd. 1(1), subd. 1a.(c); 609.101 0-3 years and/or $3,000 - $10,000 MOC: J1A31 GOC: N That on or about July 18, 2010, in Dakota County, Minnesota, LEAH CHRISTINA GRAEBER, did cause substantial bodily harm to another as the result of operating a motor vehicle in a grossly negligent manner, to wit: Victim #3. COUNT IV CRIMINAL VEHICULAR OPERATION BODILY HARM M.S. 609.21, subd. 1(1), subd. 1a.(d); 609.101 0-1 year and/or $900 - $3,000 MOC: J1A31 GOC: N [ ] Felony [X] Gross Misdemeanor [ ] Misdemeanor [ ] Petty Misdemeanor That on or about July 18, 2010, in Dakota County, Minnesota, LEAH CHRISTINA GRAEBER, did cause bodily harm to another as the result of operating a motor vehicle in a grossly negligent manner, to wit: Victim #4. COUNT V CONTROLLED SUBSTANCE CRIME IN THE FIFTH DEGREE M.S. 152.025, subd. 2(a)(1);609.101 0-5 years and/or $3,000 - $10,000 MOC: DH558 GOC: N That on or about July 18, 2010, in Dakota County, Minnesota, LEAH CHRISTINA GRAEBER did unlawfully possess one or more mixtures containing a controlled substance classified in Schedule II, to-wit: cocaine. 2
STATEMENT OF PROBABLE CAUSE The Complainant states that the following facts establish probable cause: Your Complainant is an investigator with the Minnesota State Patrol. In that capacity I have reviewed the police reports and believe the following to be true. On July 18, 2010 at approximately 8:00 p.m., the Burnsville Police Department and Minnesota State Patrol received a report of a motor vehicle crash on Minnesota Highway 13 near Washburn Avenue South in the City of Burnsville, Dakota County, Minnesota. Upon arrival officers with the Burnsville Police Department observed two heavily damaged vehicles in the northbound lanes of Highway 13 just south of Washburn Avenue. The vehicles involved were described as a Green GMC Yukon and a Red Buick LaSabre. One of the Burnsville Officers began to assist the lone female, later identified as Leah Christina Graeber, in the Red LaSabre. Graeber appeared to be drifting in and out of consciousness and her legs were trapped in the vehicle. Once Graeber appeared to be more alert the officer began to ask her questions. Graeber seemed confused and out of it when being asked questions. She was able to verbally identify herself. Graeber told the officer she was coming from Shakopee, and then she said that she was heading to Shakopee. Graeber denied drinking any alcohol but stated that she had no idea where she was or what had happened. Witnesses on the scene advised troopers with the Minnesota State Patrol that the Yukon was traveling northbound on Highway 13 and the LaSabre was traveling southbound on Highway 13. The weather was clear and the road was dry. The witnesses stated that it appeared the LaSabre was traveling at a high rate of speed when it left its lane, drove through the grassy median ditch where it vaulted into the air and crashed into the Yukon that was traveling northbound in the left lane of Highway 13. This section of Highway 13 is a highway with two lanes traveling in each direction, separated by a grassy median ditch. Two witnesses estimated 3
Graeber s speed to be approximately 100 mph. A third vehicle, a Gold colored Lexus, driven by victim #5 was also hit during the crash. Victim #5 did not suffer any injuries. Graeber, the driver of the LaSabre, was taken to the hospital by ambulance. Victim #1 who was a passenger in the Yukon was killed in the crash. The driver of the Yukon, Victim #2, was taken to the hospital by helicopter. As a result of the crash, victim #2 suffered broken bones and facial lacerations. As of December 2010, Victim #2 remains on crutches and may never regain full movement of his ankle. Victim s #3 and #4 were taken to the hospital by ambulance. As a result of the crash, victim #3 suffered several bruises, a head laceration that required stitches, a black eye, glued stitches on her nose, and a gash on her leg that required stitches. As a result of the crash victim #4 suffered bruises to her feet and to her head, seat belt abrasions and various cuts. During a search of Graeber s vehicle troopers located an open container of beer and a red pouch that contained a white and peach metal pipe with residue, a green metal pipe with residue, and one clear plastic tube. Testing of these items revealed a trace amount of cocaine and tetrahydroncannabinol on the white and peach metal pipe, and a trace amount of cocaine and tetrahydroncannabinol on the green metal pipe. A crash reconstruction was completed by the Minnesota State Patrol. The reconstruction determined that Graeber s vehicle was traveling at approximately 78-86 mph at the time the vehicle vaulted. This speed estimation does not take into account the vehicle scuffing for approximately 330 feet prior to vaulting. 4
NOTICE: You must appear for every court hearing on this charge. A failure to appear for court on this charge is a criminal offense and may be punished as provided in Minn. Stat. 609.49. Complainant requests that Defendant, LEAH CHRISTINA GRAEBER, 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 COMPLAINANT S SIGNATURE Subscribed and sworn to before the undersigned this day of, 2010. NOTARY STAMP: SIGNATURE Notary Public Being authorized to prosecute the offenses charged, I approve this complaint. Date: (rac) PROSECUTING ATTORNEY SIGNATURE: Name: Amy A. Schaffer Assistant Dakota County Attorney Dakota County Judicial Center 1560 Highway 55 Hastings MN 55033 (651) 438-4438 Attorney Registration No.: 0296831 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. [ ] SUMMONS THEREFORE YOU, THE ABOVE-NAMED DEFENDANT, ARE HEREBY SUMMONED to appear on the date stated on the attached Notice of Hearing before the above-named court at Dakota County Judicial Center, 1560 Highway 55, Hastings, Minnesota, 55033 to answer this complaint. IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued. [X] WARRANT 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 above-named 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 [X]Execute Nationwide [ ]Execute in MN and Border States [ ] 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: $ Conditions of Release: This complaint, duly subscribed and sworn to, issued by the undersigned Judicial Officer this _6th day of December, 2010. JUDICIAL OFFICER: NAME: TITLE: JUDGE OF DISTRICT COURT COUNTY OF DAKOTA STATE OF MINNESOTA SIGNATURE: /s/ Judge Clerk s Signature or File Stamp STATE OF MINNESOTA vs. Leah Christina Graeber 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: 6