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State of Minnesota County of Hennepin

CCT LIST CHARGE STATUTE ONLY MOC GOC

District Court Fourth Judicial District


H2843 N
CTY ATTY FILE NO. CONTROLLING AGENCY CONTROL NO

___________________________________________________________________________________________ ___________________________________________________________________________________________ 1 609.19

13-4813
COURT CASE NO.

MN0271100

07198462

DATE FILED

Amended
if more than 6 counts (see attached) if Domestic Assault as defined by MS 518B01, sub2a,b

Tab Charge Previously Filed SUMMONS WARRANT ORDER OF DETENTION EXTRADITION

State of Minnesota,
PLAINTIFF, VS. NAME: first, middle, last SCOTT ALLEN LIPE DEFENDANT, MINNESOTA CORRECTIONAL FACILITY LINO LAKES, MN 55014

SERIOUS FELONY FELONY GROSS MISDM DWI GROSS MISDM

Date of Birth 1/25/77

MNCIS #: LE#: SILS ID: TRACK ID:

27-CR13-10412 342256 2625746

___________________________________________________________________________________________ ___________________________________________________________________________________________

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). The complainant states that the following facts establish PROBABLE CAUSE:

___________________________________________________________________________________________ ___________________________________________________________________________________________ Complainant, Darcy Klund, of the Minneapolis Police Department, investigated the facts and circumstances of this offense and believes the following establishes probable cause: On or about June 19, 2007, at about 2:00 a.m., the victim, Willie Mack Hervey, stopped his 2002 Chevy Tahoe SUV at Franklin and Lyndale Avenues near Mortimers Bar in Minneapolis, Hennepin County, Minnesota. The victim left his SUV running when he exited it to speak with friends who were behind him in their cars. While the victim was out of the Tahoe, several witnesses observed a male, later determined to be the Defendant, SCOTT ALLEN LIPE, asking people in front of the bar if they would pay him money to steal the victims Tahoe. When witnesses demurred, the Defendant ran up to the Tahoe, jumped in and began driving it away on Franklin Avenue. When the victim saw that his SUV was being stolen, he ran to the SUV and jumped onto its running board. The victim held on to the drivers side window, trying to get the Defendant to stop. Several witnesses, including L.D., A.N., M.P. and A.R. told police that as the Defendant drove the SUV away with the victim holding on, the Defendant swerved into oncoming traffic in an effort to get another car to knock the victim off. The Defendant struck two parked cars as he drove at a high rate of speed. The Defendant ultimately succeeded in forcibly throwing the victim off the side of the Tahoe. The Defendant continued driving west on Franklin until he swerved off the roadway and rolled the SUV. The Defendant then fled the scene. However, after being thrown from the SUV, the victim laid motionless on the pavement. Paramedics arrived to transport the victim to Hennepin County Medical Center. He was diagnosed as having suffered a traumatic brain injury.
FORM-J REV. 12/95

Page COMPLAINT SUPPLEMENT


CCT SECTION/Subdivision M.O.C. GOC

In the SUV, police officers recovered a cell phone that belonged to the Defendant. A.N. later identified the Defendant from a photographic line-up as the person he observed steal the victims SUV. On August 31, 2007, the Defendant was charged by criminal complaint of several counts for crimes committed against the victim. (MNCIS case# 27CR07112327) The Defendant ultimately pled guilty to Assault on the First Degree. He was sentenced on October 12, 2007 to 122 months in prison. Meanwhile since the assault, the victim languished in a persistent vegetative state in a nursing home. He died on July 30, 2012. An autopsy conducted by the Hennepin County Medical Examiner, revealed that the victim died as a result of acute bilateral pneumonia. This condition was the result of the victims persistent vegetative state caused by the blunt force craniocerebral injuries he suffered on June 19, 2007 after being thrown from the SUV driven by the Defendant. The Medical Examiner ruled the victims death a homicide. The Defendant is presently incarcerated in Lino Lakes Minnesota Correctional Facility. OFFENSE COUNT 1: MURDER IN THE SECOND DEGREE (FELONY) MINN. STAT. 609.19, SUBD. 2(1); PENALTY: 0-40 YEARS That on or about June 19, 2007, Minneapolis, in Hennepin County, Minnesota, SCOTT ALLEN LIPE, did without intent to effect the death of any person, cause the death of Willie Mack Hervey, a human being, while committing or attempting to commit the felony offense of assault.

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. THEREFORE, Complainant requests that said Defendant, subject to bail or conditions of release be: (1) arrested or that other lawful steps be taken to obtain defendants appearance in court; or (2) detained, if already in custody, pending further proceedings; and that said Defendant otherwise be dealt with according to law.
COMPLAINANTS NAME: COMPLAINANTS SIGNATURE:

Darcy Klund
DATE: Being duly authorized to prosecute the offense(s) charged, I hereby approve this Complaint. PROSECUTING ATTORNEYS SIGNATURE:

March 12, 2013 PROSECUTING ATTORNEY:


NAME/TITLE:

tmy
ADDRESS/TELEPHONE:

THERESE GALATOWITSCH (185310) Assistant County Attorney

C2100 Government Center, Minneapolis, MN 55487 Telephone: 612-348-8579

Page
Court Case # ________________________ This COMPLAINT was subscribed and sworn to before the undersigned this ____ day of __________________, 20___. NAME: SIGNATURE: TITLE:

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 his detention, if already in custody, pending further proceedings. The Defendant(s) is/are thereof charged with the above-stated offense.

SUMMONS
THEREFORE YOU, THE ABOVE-NAMED DEFENDANT(S), ARE HEREBY SUMMONED to appear on the _______ day of ____________________, 20_____ at _______ AM/PM before the above-named court at _______________________________________ _________________________________________________ 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, that 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 than 36 hours after the arrest or as soon thereafter as such Judge or Judicial Officer is available) to be dealt with according to law.

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 abovenamed Defendant(s) continue to be detained pending further proceedings. Bail: $500,000 +CR Conditions of Release:

This COMPLAINTWARRANT duly subscribed and sworn to, is issued by the undersigned Judicial Officer this ____ day of _____________________________, 20____.

____________________________________________________________________________________________ ____________________________________________________________________________________________ NAME: SIGNATURE TITLE: JUDGE OF DISTRICT COURT

Sworn testimony has been given before the Judicial Officer by the following witnesses: STATE OF MINNESOTA COUNTY OF HENNEPIN Clerk's Signature or File Stamp:

STATE OF MINNESOTA Plaintiff vs. SCOTT ALLEN LIPE RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this COMPLAINT SUMMONS, WARRANT, ORDER OF DETENTION upon Defendant(s) herein-named. Signature of Authorized Service Agent:

Defendant(s).

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