Criminal Complaint - Stearns County, Minnesota

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State of Minnesota
County of Stearns
District Court
7th Judicial District
Prosecutor File No.
Court File No.
State of Minnesota,
CR-2014-1685
73-CR-14-4326
COMPLAINT
Plaintiff,
Order of Detention
vs.
DALE DAVID LOTT DOB: 02/21/1973
2201 Eighth Street N
St. Cloud, MN 56303
Defendant.
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: Assault-1st Degree-Great Bodily Harm
Minnesota Statute: 609.221.1, with reference to: 609.221.1
Maximum Sentence: Not more than twenty (20) years imprisonment and/or a $30,000 fine.
Offense Level: Felony
Offense Date (on or about): 05/25/2014
Control #(ICR#): 14022110
Charge Description: That the defendant, Dale David Lott, then and there being, did wrongfully, unlawfully,
and feloniously assault another and inflict great bodily harm, to-wit: knocked C.L.S.'s three upper front
teeth permanently out of her mouth, causing irreparable damage to her mouth and the loss or impairment
of the funciton of her three teeth, and/or permanent disfigurement absent dentures..
COUNT II
Charge: Kidnapping-To Commit Great Bodily Harm/Terrorize
Minnesota Statute: 609.25.1(3), with reference to: 609.25.2(2)
Maximum Sentence: Not more than forty (40) years imprisonment and/or a $50,000 fine.
Offense Level: Felony
Offense Date (on or about): 05/25/2014
Control #(ICR#): 14022110
Charge Description: That the defendant, Dale David Lott, then and there being, did wrongfully, unlawfully,
and feloniously, for the purpose of committing great bodily harm or to terrorize the victim or another or to
facilitate commisssion of any felony or flight thereafter, did confine or remove from one place to another,
any person without hte person's consent, and did not release the victim in a safe place without great
bodily harm.
COUNT III
Charge: Assault-5th Deg-Inflict or Attempt Bodily Harm
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Minnesota Statute: 609.224.1(2), with reference to: 609.224.1(2)
Maximum Sentence: Ninety (90) days jail and/or a $1,000 fine.
Offense Level: Misdemeanor
Offense Date (on or about): 05/25/2014
Control #(ICR#): 14022110
Charge Description: That the defendant, Dale David Lott, then and there being, did wrongfully, unlawfully,
and intentionally inflict or attempt to inflict bodily harm upon another, to-wit: B.M.M.
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STATEMENT OF PROBABLE CAUSE
The Complainant states that the following facts establish probable cause:
On or about May 25, 2014, St. Cloud Police Officers were dispatched to the St. Cloud Hospital Emergency
Room in response to a domestic assault. Upon arrival, officers observed C.L.S., an adult female fully
identified in police reports, who appeared to be seriously injured. Officers observed numerous injuries to
C.L.S.'s face and dried blood. C.L.S. told officers that she had been in a relationship with Dale David Lott,
DOB: 2/21/1973, the defendant herein. The defendant and C.L.S. are family or household members as
defined by statute. C.L.S. stated that she had been drinking with the defendant at a St. Cloud bar. C.L.S. stated that she was
trying to "break up with" the defendant. C.L.S. stated that the defendant followed her out of the bar and told
her to come home and have a couple drinks with him. C.L.S. stated that she went to their St. Cloud,
Stearns County residence and they continued drinking. C.L.S. stated that the defendant then left, and she
went to pick him up because she did not want him to get in trouble with his parole, which he had recently
violated for drinking. C.L.S. stated that the defendant got in the vehicle and they drove around. C.L.S.
stated that the defendant eventually started "freaking out" and punched her in the face while she was
driving back toward home. The defendant then shut the car off and took the car keys away from C.L.S. The
defendant started to walk away but got back in the vehicle in the driver's seat.. C.L.S. asked the defendant
to bring her home. C.L.S. stated that the defendant also had her phone at this point. The defendant began
to drive away and would not tell C.L.S. where they were going. C.L.S. stated that the defendant "just kept driving" and went towards St. Augusta. C.L.S. stated that the
defendant then started to get more physical and began to threaten her. C.L.S. stated that the defendant told
her he wanted to "run me into a pole." C.L.S. stated that the defendant repeatedly punched and elbowed
C.L.S. in the face, was "beating me up" and talking about "killing me" while he was driving the vehicle. The
defendant told C.L.S. that he would bury her out in the "middle of nowhere." The defendant would not let
C.L.S. have her phone to call her mom when she asked. The defendant told her that she did not need her
phone. The defendant told C.L.S. that he loved her and they could work things out, but C.L.S. told him she
was done because he hit her. The defendant refused to let C.L.S. out of the car as he drove near St.
Augusta on roads with cornfields. The defendant told C.L.S. to "clean herself up" because her nose would
not stop bleeding. C.L.S. stated that she tried to get out of the car as they were driving. C.L.S. pulled the "E brake" to try to stop the vehicle and flee. C.L.S. stated that the defendant "freaked out"
and kept hitting her while driving. The defendant hit her in the back of the neck, pulled her head back,
grabbed her arm, pushed and pulled her while C.L.S. was attempting to stop the vehicle. The defendant
punched C.L.S. in the eye and she begged to get out of the car. The defendant finally stopped the car, and
as C.L.S. began to get out the defendant started driving again and told her that she could "jump." The
defendant said that he would push her out of the car and that he wanted to bury her in the ditch. C.L.S. tried
to stop the car again and then the defendant started to hit her harder and "knocked me in my mouth,"
knocking out three of C.L.S.'s upper front teeth. C.L.S. spit out her teeth and was holding them with a
closed fist. The defendant realized that C.L.S.'s mouth was bleeding and he started "panicking" and talking about
committing suicide. C.L.S. showed the defendant her teeth in her hand and he "freaked out" even more,
and then told C.L.S. that they should have "talked this out" and that they could have "gotten through this" as
a couple. C.L.S. stated that she wanted to go to the Emergency Room but the defendant asked her what
she was going to tell them about her teeth. The defendant drove around and tried to act "nice" to C.L.S. as
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he talked about prison and suicide. The defendant then brought C.L.S. back to their residence in St. Cloud
and told her to ice her face. The defendant left and then called her telling her that he loved her, wanted to
work things out, and that he did not want it to be this way. The defendant did not release C.L.S. at a place
where medical care was available. C.L.S. called her mother to bring her to the hospital. Officers spoke with C.L.S.'s mother, B.M.M., an adult female fully identified in police reports, who stated
that she had responded to C.L.S.'s call for help.. B.M.M. stated that when she exited C.L.S.'s residence in
the 2100 block of 8th Street North, in the City of St. Cloud, County of Stearns, State of Minnesota, en route
to the hospital, she observed the defendant in a vehicle in a parking lot across the street. B.M.M.
approached the defendant angry and hit him twice in the arm with a fist and told him she would make sure
he went back to prison. B.M..M. stated that the defendant became angry and punched her in the face with
his fist, exited his vehicle and yelled at her "come on, I'm ready." B.M.M. got in her vehicle and drove to the
hospital. Officers observed and photographed swelling and a cut under B.M.M.'s eye. Officers observed and photographed C.L.S.'s injuries, including a swollen left eye and bruising, scrapes,
and cuts throughout her face, as well as three missing teeth and large gaps where her three upper front
teeth had been. C.L.S. signed a medical release form. St. Cloud Hospital doctors informed officers that
they had determined that C.L.S. suffered a concussion. In addition, doctors stated that C.L.S. suffered an
acute minimally displaced fracture in her anterior maxillary alveolar with three missing incisors. Doctors
informed officers that C.L.S. would not be able to have her three front teeth placed back in her mouth due to
the fracture, that her teeth were thus permanently damaged, and thus that C.L.S. would need to have
dentures due to the damage. Officers attempted to locate the defendant at several residences but were unable to. On May 26th, dispatch
received a telephone call from P.P.W., an adult female fully identified in police reports. P.P.W. stated that
she had been contacted by the defendant and that the defendant had told her that he had "beat up his
girlfriend and knocked her teeth out." P.P.W. stated that the defendant told her he was on the run and was
headed to Montana. Officers later discovered the defendant hiding in a locked room in another female's
residence in St. Cloud. When officers went to the bedroom door, the defendant was attempting to exit a
back window. The defendant was arrested. Complainant has reason to believe and does believe that all of the above information is true and correct. The above facts constitute your complainant's basis for believing that, on or about the 25th day of May,
2014, in and around the Cities of St. Cloud and St. Augusta, County of Stearns, State of Minnesota, the
above-named defendant committed the offenses described herein:
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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
Ryne J Stegura
Court Officer
101 11th Avenue N
St. Cloud, MN 56302
Electronically Signed:
05/28/2014 09:41 AM
Subscribed and sworn to before the undersigned.
Notary Public or
Judicial Official
Stacie Kern, Peace Officer
License Number: 31036295,
Morrison County, Minnesota.
My license expires: 01/31/2015
Community Service Officer
101 11th Avenue N
St. Cloud, MN 56302
Electronically Signed:
05/28/2014 09:43 AM
Being authorized to prosecute the offenses charged, I approve this complaint.
Prosecuting Attorney Carl Ole Tvedten
Assistant Stearns County
Attorney
705 Courthouse Square
St. Cloud, MN 56303
(320) 656-3880
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Electronically Signed:
05/28/2014 09:36 AM
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 725 Courthouse Square, St. Cloud, MN 56303 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 is issued by the undersigned Judge as of the following date: May 28, 2014.
Judicial Officer
Kris H Davick-Halfen
Stearns County District Court Judge
Electronically Signed: 05/28/2014 10:02 AM
Sworn testimony has been given before the Judicial Officer by the following witnesses:
COUNTY OF STEARNS
STATE OF MINNESOTA
Clerk's Signature or File Stamp:
State of Minnesota
Plaintiff
RETURN OF SERVICE
vs.
I hereby Certify and Return that I have served a copy of this Order of
Detention upon the Defendant herein named.
Dale David Lott
Signature of Authorized Service Agent:
Defendant
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