crvarty CONTROLLING cor usr cHance srarvte ony moc coc LENO Sonne conTKoLNo, I MS 609,551, S1 (a); 609.101 ‘TEO16 N 38,935 MNO0850000 05001595, I MS 608.52, S2 (1),3 (3) (a); 609.101 ,TCO19 N FILE COPY 7 De tic Assault COURT CASE NO. DATE FILED: oe ___ DEFENDANT COPY State of Minnesota, BOOKING COPY [Amended 1 Te Charge Previously Filed ’ [ ] SERIOUS FELONY [ ] SUMMONS PLAINTIFF, [Xx] FELONY, ( ] WARRANT vs. [ 16R0s8 Msp Dw [x ORDER OF DETENTION []6ROss MisD NAME: first, middle, last Date of Birth SJIS Complaint Number Dale Orville Douglas, 10/11/1968 85-11-5-009666 DEFENDANT. I, Ronald J. Ganrude, a licensed peace officer with the Winona County Sheriff's Office have reviewed the reports of fellow officers and found the following to be true, and to constitute probable cause sufficient to support the charges in this complaint, On January 31, 2005, an Investigator (“Investigator”) with the Winona County Sheriff's Office met with a person reporting a theft (“Victim”). Victim explained that approximately one week earlier he was separating a herd of his cattle after they had gotten mixed together. After the cows were separated, Victim thought he should have more cattle. Victim accessed his farm computer system. Victim then compared his computerized list with an actual physical count of his cattle. Victim leamed that he was missing 53 cows. Of the 53 missing cows, twenty-eight were bred heifers. Victim explained that he is attempting to build up his herd. Therefore, he would not sell bred heifers at the sales barn, Victim explained his cattle tracking system to Investigator. When a cow is born or acquired, the cow is given a number as required by a state-wide milk testing system. ‘This number, called a DHIA number, stays with the cow for FORMCD , fife. This number helps tack the anint— ‘The eee includes aninvidal 4s health history, breeding history, and birth and death history. One of Victim's missing cows, which was pregnant, had DHIA number 51872127. Investigator asked Victim if Victim had any suspects. Victim explained that one of his herdsmen, Dale Orville Douglas (Date of Birth: October 11, 1968)(“Defendant”), quit under unusual circumstances. Defendant's responsibilities, while a herdsmen, was to make sure the cattle were in good health and keep track of the cattle in the farm’s computer system. Victim provided Investigator with information concerning Defendant's right to sell the farm’s cattle. Defendant ‘as tasked with occasionally selling a non-bred heifer at the Lewiston Sales Bam, Defendant was not authorized to sell cattle at any location other than the Lewiston Sales Barn, When a sale was made, any check would be made out in ‘Victim’s name. Victim explained that Defendant worked at the farm from January 1998 until December of 2004. From sometime in the year 2000 until around Thanksgiving of 2004, Defendant lived in a house on the farm that was provided by Victim, However, in November of 2004, Defendant claimed he was getting burnt out of working on the farm. Defendant and his family moved out of the house. Defendant continued working for Victim until December 2, 2004 when Defendant explained that he fell off a roof. Defendant said he would need to take four weeks off. When Victim tried to make contact with Defendant in January of 2005, Defendant failed to return Victim’s calls On January 31, 2005, Investigator contacted the Zumbrota Sales Barn. Investigator inquired as to whether Defendant had sold any cows at the barn, A few days later, Investigator was informed that Defendant had sold 57 cows at the Zumbrota Sales Bam between November 26, 2002 and December 7, 2004, Defendant had received 15 separate checks for the sales. Those checks were for a total of $82,682.38. In February of 2004, Investigator began to attempt to track the specific cows that were sold by Defendant. One of the cows sold by Defendant bore federal ear tag #41 BKX 5509. On February 21, 2005, Investigator spoke with a licensed cattle dealer (“Dealer”) from lowa. Dealer explained that he purchased cattle at the Zumbrota Sales Bam on September 28, 2004. One of the cows that Dealer purchased bore federal ear tag #41 BKX 5509. Dealer bought that cow from Defendant for $1,760. Dealer resold that specific cow to a farmer (“Farmer”) in Minnesota,th Farmer. After speaking with Inve=gator, Farmer checked forthe cow that he purchased from Dealer. Farmer confirmed that he had cow #41 BKX 5509 on his farm. Farmer also confirmed that cow #41 BKX 5509 bore DHIA number 51872127. After confirming that Defendant had sold at least one of the Victim’s cows without permission, Investigator sought to interview Defendant. That interview was conducted in April of 2005. After waiving his rights pursuant to Miranda, Defendant made the following admissions. Defendant did work as a herdsman for Vietim from January 1998 until November of 2004. Defendant also admitted that he had purchased cows from a person named Brian within the last two and one-half years. Defendant previously purchased cows from Brian in Wisconsin and then resold those cows at the Zumbrota Sales Barn, Defendant could not provide Brian’s last name or an address for Brian, Defendant also claimed that all the purchases from Brian were cash transactions. Defendant claimed that he had only purchased fifteen cows, at most, from Brian. Moreover, he only made about $200 per cow. Defendant said he never bought or sold any cows except those he got from Brian, Defendant admitted that he used Victim’s trailer when selling the cows. At the end, Defendant denied ever selling any of Victim’s cows without permission. Victim contacted Investigator. Victim explained that representatives from DHIA had informed him that someone had deleted records from his computer. Victim now believes that over 100 cows are missing from his farm.COUNT I- RUSTLING AND LIVESTOCK THEFT Minn, Stat, §§ 609.551 subd. 1 (a); 609.101 0-5 years and/or $3,000 - $10,000 ‘That during the month of September of 2004, in Winona County, Minnesota DALE ORVILLE DOUGLAS intentionally and without claim of right shot, killed, took, used, transferred, concealed, or retained possession of live cattle, swine, or sheep or the carcasses thereof, belonging to another without the other’s consent and with the intent to permanently deprive the owner thereof and the animals had a value in excess of $300 but less than $2,500. COUNT Il- THEFT Minn, Stat. §§ 608.52 subd. 2 (1), 3 (3) (a); 609.101 (0-5 years and/or $3,000 - $10,000 ‘That during the month of September 2004, in Winona County, Minnesota, DALE ORVILLE DOUGLAS intentionally and without claim of right, took, used, transferred, concealed, or retained possession of movable property of another without the other’s consent, with intent to deprive the owner permanently of possession of the property and the property had a value of more than $500 but less than $2,500. COMPLAINANT'S NAME: COMPLAINANT'S SIGNATURE: Ronald J.Ganrude fs Ronald J. Ganrude DATE: PROSECUTING ATTORNEY'S SIGNATURE: April 22,2005 NAME/TITLE: ADDRESS/TELEPHONE: Kevin P. O’Laughlin Winona County Courthouse, 171 W. 3rd St. Assistant County Attorney Winona, MN 55987 Attorney Registration #306721 Phone: 507/457-6310NAME: ‘SIGNATURE: TITLE: FINDING OF PROBABLE CAUSE “From the above sworn facs, and any supporting affidavits or supplemental sworn testimony, I the Issuing Officer, have determined ‘hat probable cause exist 10 support, subject to bail or conditions of release where applicable, Defendan(s) arrestor other laf steps be taken to obtain Defendant(s) appearance in Cour, or Defendant(s) detention, if already in custody, pending further proceedings. The Defendan(s isare thereof charged with the abovestated offense SUMMONS ‘THEREFORE YOU, THE ABOVE-NAMED DEFENDANT(S), ARE HEREBY SUMMONED to appear on the _ day of. 20___at __M. before the above-named court at District Courtroom ‘Winona County Courthouse to answer this complaint, IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued. _ WARRANT EXECUTE IN MINNESOTA ONLY 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, hat the above-named Defendant(s) 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 ‘han 36 hours after the arrestor as soon thereafer as such Judge or Judicial Officer is available) to be deat with according to law. x ORDER OF DETENTION Since the above-named Defendant(s) is already in custody: I hereby order, subject to bail or conditions of release, that the above- named Defendant(s) continue to be detained pending further proceedings. Bail: Conditions of Release: This COMPLAINT (ORDER OF DETENTION) duly subscribed and sworn to, is issued by the undersigned Judicial Officer this 22% day of April. 20 05. JUDICIAL OFFICER: NAME: SIGNATURE: /s/ TITLE: Judge of District Court ‘Sworn testimony has been given before the Judicial Officer by the following witnesses: ‘STATE OF MINNESOTA ‘COUNTY OF WINONA ‘Clas Signature or File Stamp State of Minnesota Plaintiff RETURN OF SERVICE Thereby Certify and Retum that I have served 1 copy of this COMPLAINT - SUMMONS, WARRANT, ORDER OF DETENTION upon the Defendant herein-named, Signature of Authorized Service Agent: Defendant(s)