STATE OF MINNESOTA DISTRICT COURT

COUNTY OF PINE TENTH JUDICIAL DISTRICT

IN RE: CASE TYPE: CRIMINAL

STATE OF MINNESOTA CASE NUMBER: 58-CR-18-1039

VS MOTION TO DISMISS FOR LACK OF

PROBABLE CAUSE
MATTHEW THOMPSON (DEFENDANT)

Now comes Mr. Thompson with his MOTION TO DISMISS FOR LACK OF PROBABLE
CAUSE. Stating as follows:

1. Mr. Thompson has been charged with 2 counts of failure to pay taxes (a felony in
Minnesota) and 2 counts of failure to file taxes (a felony in Minnesota) .

2. To wit, Pine County Attorney's office alleges Mr. Thompson won $1,500 in 2016 at the
Grand Casino Hinckley / Mille Lacs.

3. To wit, Pine County Attorney's office alleges Mr. Thompson won $284,342.37 at the Grand
Casino Hinckley / Mille Lacs.

4. Mr. Thompson's contention is that Chad Weiner, the MNDOR investigator failed in his public
duties in a disparaging degree and furthermore has cognitive issues.

5. Minnesota Rules of Criminal Procedure note that probable cause exists only if a reasonable
person would believe a crime had occurred.

6. It is Mr. Thompson's strong belief that a reasonable person would believe that someone
not only wins at the casino but also loses at the casino and in fact loses more often than
they win. This belief is further supported by Minnesota law which states that the maximum
payout percentage of video gaming devices (“Slot” machines) is a maximum of 95% (Not
refunding all losing bets and having an infinite payout percentage as required to support
the complaint against Mr. Thompson). More simply stated, a reasonable person would
expect that Mr. Thompson's tax liability would not be his culminated win total, but rather
his culminated win total minus all losses (-$400.00 for 2016, and -$34,331.90 for 2017,
meaning no tax liability at all).
7. Mr. Wiener failed to properly investigate Mr. Thompson's actual tax liability.

8. Per the Minnesota Department of revenues website, MNDOR investigators review potential
tax crimes and after investigations forward their recommendation of charges (if any) to a
prosecuting attorney (In this case the Pine County Attorney's office).

9. It is Mr. Thompson's contention that standard practices were not followed. Furthermore
illegal practices took place – in which Mr. Thompson's private bank documents and
records were shared in a manner that VIOLATED FEDERAL LAW.

10. Mr. Thompson's contention is further supported by the fact that the complainant was
“Timothy J Vaagenes Jr” a Deputy with Badge # 572 with the Pine County Sheriff's office.
It is Mr. Thompson's strong belief that Deputy # 572 should have not been in possession of
any information relating to Mr. Weiner's investigation and furthermore that Deputy # 572
lacked proper education or training on investigation of potential tax crimes. This is
evident due to Deputy # 572 having not subtracted Mr. Thompson's gambling losses from
his culminated win total nor having had even the thought to look for such losses in the
first place.

11. It is Mr. Thompson's contention that Mr. Weiner should have never accessed Mr.
Thompson's private bank records . He should have at the very most consulted Mr.
Thompson's win/loss estimate to see if Mr. Thompson had any tax liability for 2016 or 2017
(Which he did not).

12. It is Mr. Thompson's contention that PCSO acted in violation of Mr. Thompson's
constitutional rights protecting against unreasonable search and seizure furthermore
having VIOLATED FEDERAL LAW. Mr. Weiner is a prior Deputy of the PCSO and
abused the resources and ability to search tax records as provided by the MNDOR to
assist Mr. Layon a “fishing expedition” to find crimes to charge Mr. Thompson with.

13. Mr. Thompson is victim to PCSO and their Malicious Charging as well as harassment and
court should take in to consideration the overreaching (“fishing”) that is taking place by
the PCSO numerous events support Mr. Thompson being a victim to this behavior:

May 2015 – Charged - First Degree Burglary (Dismissed)

May 2015 – Mr. Thompson posted $15,000 Unconditional Bail. Despite this the PCSO
would not release Mr. Thompson prior to him urinating in a cup.

May 2015 – Police came to Mr. Thompson's home with guns drawn, searching his
outbuildings for a missed court date relating to his cows being out, a misdemeanor offense.
Mr. Thompson was jailed overnight, and released without having to post any bail at all.

May 2017– Mr. Thompson was party to an anonymous report to the PCSO, PCSO did not
respect the anonymous nature of the report. Spoke with Reese Fredrickson who in short
stated “They really messed up”. Reese Fredrickson took measures to immediately file for a
protective order against the criminally charged party.
Fall 2017 – Mr. Thompson placed a “911” phone call his home was being broken in to, with
his a loaded and drawn gun the PCSO never so much as showed up to take a report from
Mr. Thompson

Fall 2017 – Mr. Thompson filed a harassment restraining order against Vanessa
Korhonen, despite numerous and frequent interactions with Vanessa Korhonen PCSO
office failed to serve Vanessa Korhonen the restraining order.

December 2017 - Mr. Thompson's car was taken from casino parking lot. Mr. Thompson
was not provided a reason as required by law as to the reason his car was taken. Mr. Thompson
started a civil suit against the PCOS. Matter was settled with verbal agreement with Reese
Fredrickson (Pine County Attorney's office lead Attorney) February 2018 including waiver of
in excess of $900 of accrued storage fees.

January 2018 – Mr. Thompson requested basic information required by law relating to his car
being taken. The PCSO refused to provide Mr. Thompson information as required by law
regarding the impounding of his car.

March 2018 – Charged with Use/Possess Police Radio During Commission of Crime
Subject to Forfeiture (Radio did not exist, Officer stated the “Radio” was Mr. Thompson's
personal Mobile device incapable of Police Radio Capabilities). Of note, Mr. Thompson was
jailed for 4 days due to this Felony level charge that was completely bogus.

March 2018 – Charged Motor Vehicle Registration – Intent to Escape Tax (Pending, Mr.
Thompson has provide the prosecution proof the vehicle was being operated legally at the
time of arrest)

March 2018 – Charged Motor Vehicle Registration – Unregistered (Pending, Mr.

Thompson has provided the prosecution proof the vehicle was being operated legally at
the time of arrest)

March 2018 – Arrested for “Drugs - 5th degree” - Never formally charged after the arrest,
Mr. Thompson was simply let go after 4 days in jail.

March 2018 – Arrested for “Obstruction Legal Process” - Never formally charged after the
arrest, Mr. Thompson was simply let go after 4 days in jail.

April 2018 – Charged with Criminal Damage to Vehicle (Dismissed, as Mr. Thompson
cannot be charged with criminal damage to his own vehicle)

April 2018 – Charged with Second Degree Felony Assault w/ a deadly weapon (Pending,
Under advisement for Illegal Arrest – Of note, Pine County Attorney's office has offered a plea
agreement to drop this charge)

April 2018 – Charged with Domestic Assault (Pending, Under advisement for Illegal
Arrest)
April 2018 – Mr. Thompson's vehicle was stolen from his driveway by Vanessa Korhonen.
Instead of Criminally charging Vaness Korhonen with at the very least unauthorized use,
Vanessa Korhonen was given a ride from Askov, MN to Sandstone, MN. Mr. Thompson was
not allowed to trailer his vehicle home, the PCSO instead impounded causing blemishes to Mr.
Thompson's pocket book

April 2018 – Mr. Thompson arrived home and found Vanessa Korhonen in his home. Mr.
Thompson called the PCSO to report this. PCSO refused to remedy situation or come out
and serve Vanessa Korhonen the restraining order.

April 2018 – Vanessa Korhonen was walking up and down Mr. Thompson's rural road and
had been living in the loft in his shed for a day and a half. Despite an unserved restraining
order the PCSO stated to Mr. Thompson it was OK if Vanessa Korhonen walked up and
down his road past his residence due to it being a public road. The PCSO did show up, did
not serve Vaness Korhonen the restraining order and gave her a ride.

April 2018 – PCSO yet again required Mr. Thompson to urinate in a cup prior to release
from the pine county jail despite having posted unconditional bail.

April 2018 – Deputy Anderson filed a probable cause statement that Mr. Thompson had
driving his truck in to Vanessa Korhonen's car. It was known to Deputy Anderson that the
vehicles owners were not as stated. It was known the truck was David Leikam's and the
car was Mr. Thompson's.

April 2018 – While being taken to the Pine County Jail, Mr. Thompson was very confused
about being charged with Second Degree Assault with a Deadly weapon and asked Deputy
Anderson the condition of Vanessa Korhonen. Deputy Anderson stated Vanessa Korhonen
was “banged up” when even by her statement she was not. It was highly inappropriate to
leave Mr. Thompson worried about what happened to Vanessa for multiple days while in
jail. Deputy Anderson was aware Vaness wasn't “banged up” at all, and lied to Mr. Thompson
causing him to cry while in the jail intake area thinking maybe he blacked out something. Mr.
Thompson trusted Deputy Anderson but Deputy Anderson abused this trust furthering Mr.
Thompson's on going issues with having difficulty respecting authority.

August 2018 – Mr. Thompson's 2004 Dodge Viper vehicle had stalled roughly 1 mile from
his home (Located on rural Partridge Creek Rd roughly 5 miles east of Askov, a city with a
population of around 360 residents). Mr Thompson was detained on the side of the road with
officers telling him they wanted to search his home otherwise they would impound the
Dodge Viper he was driving if he did not consent. Mr. Thompson exercised his rights
against unreasonable search and seizure, and as a result his 2004 Dodge Viper was
impounded.

October 2018 – Charged with Felony failure to file taxes tax year 2016 w/ intent to defeat
taxes based upon gambling winnings (Pending, Mr. Thompson has provided documentation
showing he did not have gambling winnings in 2016 and instead suffered from gambling
losses 2016.)

October 2018– Charged with Felony failure to pays taxes tax year 2016 w/ intent to defeat
taxes based upon gambling winnings (Pending, Mr. Thompson has provided documentation
 that he did not have gambling winnings and in fact had gambling losses in 2016)

October 2018 – Charged with Felony failure to file taxes tax year 2017 w/ intent to defeat
taxes based upon gambling winnings (Pending, Mr. Thompson has provided documentation
showing he did not have gambling winnings in 2017 and instead suffered from gambling
losses in 2017.)

October 2018– Charged with Felony failure to pays taxes tax year 2017 w/ intent to defeat
taxes based upon gambling winnings (Pending, Mr. Thompson has provided documentation
that he did not have gambling winnings and in fact had gambling losses in 2017)

Mr. Thompson wishes to note there are simply some of the more notable examples of the PCSO
behavior and his civil suit he is drafting will be of a more complete nature. Mr. Thompson also
wishes to be respectful of the courts time while still making sure it is aware of the PCSO
behavior in general.

14. From September 21st of 2016 through July 21st 2017 Investigator Chad Weiner noted
publicly his cognitive issues via his public Facebook Social Media MAIN PROFILE
PICTURE. These dates encompass the entirety of the investigation per the probable cause
statement. His MAIN PROFILE PICTURE states “I cannot brain today. I has the dumb.”
Please find attached Exhibit 001.

15. Mr. Thompson's contention of Chad Weiner's cognitive issues is further supported by
someone with sufficient rights to post a comment (A Facebook “Friend” of Mr. Weiner's)
specifically “Anne Mohr” stated “Me too” in reply. Due to this comment, and multiple
months of it being posted without correction by Mr. Weiner it is is Mr. Thompson's strong
belief that not only he thinks Mr. Weiner has cognitive issues, but Mr. Weiner does himself
and finally, so does at the very least one of Mr. Weiner's friends.

16. Chad Weiner failed in his public duty to a disparaging degree when he failed to consider
that individuals not only win at the casino, but also lose at the casino as well. What he
should have done was asked the casino for a “Win (Loss) Estimate” for the years in question
which would have more accurately reflected Mr. Thompson's actual tax liability. It is Mr.
Thompson's contention that this is due to Mr. Weiner's Cognitive issues.

17. Mr. Thompson wishes to note that he is sympathetic to Mr. Weiner's cognitive issues,
having his own issues (Namely Anxiety, Depression, Lack of Maturity and Difficulty With
Respecting Authority). It is Mr. Thompson's belief that these cognitive issues when
combined with a willingness to act in a manner IN VIOLATION OF FEDERAL LAW
culminated in Mr. Thompson being charged criminally for tax evasion when he instead
was suffering from anxiety and depression and that is the reason for his taxes not being
filed on time. Mr. Thompson has noted his issues in court documents for a long time. The
PCSO does not respond to Mr. Thompson with kindness.

18. Per the “Win (Loss) Estimate for Tax Year 2016” - Please find attached Exhibit 002 entitled
 “Thompson Grand Casino 2016” Mr. Thompson had not gained $1,500 but in fact had lost
$400.00.

19. Per the “Win (Loss) Estimate for Tax Year 2017” - Please find attached Exhibit 003 entitled
“Thompson Grand Casino 2017” Mr. Thompson had not gained $284,342.37 but in fact had
lost $34,331.90.

20. To wit, the investigation and criminal charges lack merit as required by the “Minnesota
Rules of Criminal” procedure.

21. Furthermore, Mr. Thompson could have not intended to defeat the taxes since he did not
owe taxes in the first place.

22. While other issues were raised with regard to Mr. Thompson's tax liabilities, he assures
the court he operated within all tax laws and codes to the best of his abilities / knowledge
and there is good explanation for any and all issues raised. It is Mr. Thompson's strong
position that a lack of proper investigation took place. The 2017 gambling tax liability is
particularly notable in error, to wit, he didn't have winnings of $284k but instead had losses
of $34k. Hence, Mr. Thompson's tax liability was $0 for 2017 in regard to gambling
winnings.

23. Finally it is Mr. Thompson's contention is that “Investigator Layon” has gone on an illegal
fishing expedition to find criminal charges against Mr. Thompson and furthermore
frivolously investigated even non criminal activity during his pursuit of Mr. Thompson.
24. It is Mr. Thompson sworn statement as follows:

“Mr. Layon has visited my home for frivolous non-criminal investigation.

Mr. Layon's first comments while at my residence were about my 2004 Dodge
Viper. It is my belief that Mr. Layon thought I had some illegal source of income or at the
very least had not paid my taxes on a legally sourced income to acquire my 2004 Dodge
Viper Vehicle and that lead him down the road of going on a “fishing expedition”. I believe
his dedication to the task at hand went too far and he became obsessed with finding the
“smoking gun” in regard to myself. Prior to these dealings, I actually had a reasonable
level of respect for Mr. Layon despite that he stated in my cross examination of him in
reference to my cows getting out criminal case that he believed it was my intention to have
my cows outside of the pasture. I had not taken it personally when he stated this under
oath thinking to myself that he was just that committed to his work. Sadly, Mr. Layon
appears to be far more dedicated to his work than that, willing to not only lie under oath
but conduct his criminal investigations without respect to the laws that govern him and
furthermore with respect to my constitutional rights. Despite all of that, I am actually
sympathetic to Mr. Layon to a large degree. I have a similar issue, while I am able to
respect laws themselves, I do suffer from having difficulty respecting authority of those in
charge of making the rules and this has caused me to have difficulty not acting in a way
similar to how Mr. Layon has acted.

When Mr. Layon came to my home looking for a misplaced “Jimmy” he stated
Deep Rock Fueling Station of Askov, MN had left a “Jimmy” on the ground. Having
thought abandoned or forgotten and under quite simply the premise of “Finders Keepers;
Losers Weepers” a neighbor of Mr. Thompson had picked up the “Jimmy”. A “Jimmy” is
a device used to unlock a locked motor vehicle and costs less than $10 on eBay inclusive of
shipping.

Investigator Layon had “gone deep” on this one, at the very least visiting 3 homes
and phoning multiple individuals about the “Jimmy”. Mr. Layon expressed that he wished
to visit further homes to get to the bottom of the “Jimmy” situation. I wondered to myself
“What's really going on?” and asked Mr. Layon if a crime had occurred. In reply Mr.
Layon stated one had not and Deep Rock simply wanted the “Jimmy” back. This really
troubled me, as thought to myself something is wrong if Mr. Layon is at my home
spending so much time on a non-criminal investigation for a misplaced item that has a
very minimal value. This event in combination with these criminal charges support my
contention that Mr. Layon has been on an irrational and obsessive “fishing expedition”
and furthermore is doing things off task. Mr. Layon should be investigating crimes, not
doing investigations that by his own omission are non-criminal in nature. I don't think Mr.
Layon should not be collecting a salary that is paid for by tax dollars when he “skips
school” so to speak and spends his time so frivolously as investigating things that aren't
crimes.

Some time after Mr. Layon visited my home I had accidentally left a $15 refillable
coffee mug on top of a gas pump. My lack of maturity and difficulty with respecting
authority hit me hard when I returned a short time later and chuckled to myself when I
had the thought “I wonder if Mr. Layon would help me out retrieving my coffee mug like
he was helping Deep Rock with the “Jimmy”. I mean, its actually more pricey, right? ”
Mr. Thompson prays the honorable court grant him the following relief:

1. That Mr. Thompson reserves all rights and claims regarding the nature in which he has been
treated and the PCSO has operated.

2. That the charges for failure to file and failure to pay taxes be dismissed with prejudice.

3. That Mr. Thompson be granted an emergency (ex parte) harassment order against anyone that is
employed by the PCSO inclusive of all individuals not publicly noted as working with the
PCSO but having received monetary compensation for matters relating to investigations from
May 1st 2015 through October 2nd 2018.

4. That the PCSO be requested redact their recent “Staff Report” in any local papers in which they
noted Mr. Thompson as having won $284k when in fact he had lost $34k – And that the PCSO
make the redaction equally visible utilizing the same type font size, etc.

5. That unless PCSO Deputy # 572 can provide proof of his education in tax crime a request be
forwarded to the proper party with jurisdiction in these matters for having filed a complaint in
which he lacked proper knowledge about the criminal activity alleged in his complaint.

6. That if PCSO Deputy # 572 did in fact have proper education/training in tax crime that a
request be forwarded to the proper party with jurisdiction in these matters for having filed in
complaint in which he had proper knowledge and filed a complaint which he knew to be false in
nature (having stated Mr. Thompson's tax liability was the culminated win total and not having
removed any losses from such total to properly ascertain Mr. Thompson's actual tax liability).

7. That the MNDOR be made aware of Mr. Weiner's, Mr. Layon's and Deputy # 572's actions in
relation to this investigation by letter from the presiding judge to someone in the position to
investigate this activity - (Namely, having recently worked for the PCSO, sharing private
financial records of Mr. Thompson's with the PCSO and assisting Mr. Layon on his “Fishing
Expedition” of Mr. Thompson).

8. That all records relating to the investigation be provided to Mr. Thompson prior any charges
being dismissed.

9. That Mr. Thompson be granted any further relief that the court deems equitable and just.

______________________ __________
MATTHEW THOMPSON 10/19/2018