Press Release - Washington County, Minnesota

Transcription

Press Release - Washington County, Minnesota
OFFICE OF THE WASHINGTON COUNTY ATTORNEY
PETER J. ORPUT
COUNTY A TTORNEY
Press Release
Contact: Pete Orput
Phone: 651-430-6115
FOR IMMEDIATE RELEASE
DATE: January 26, 2015
HOMICIDE CHARGES IN DEATH OF OWNER OF MAHTOMEDI BAR
County Attorney Pete Orput today announced the filing of 2nd Degree Murder charges against
Bailey Jordan Garcia, 19, of Pine Springs in the January 23, 2015, shooting death of the owner
of Frigaard’s Bar in Mahtomedi. Garcia was charged in Washington County District Court this
morning with the unintentional killing during a drive-by shooting, which carries a Minnesota
Guidelines sentence of 261-367 month sentence. Bail was set at $2,000,000.
According to the complaint filed in the case, Garcia, parked near the intersection of Stillwater
Road and Mahtomedi Avenue at about 3:30 a.m. saw the victims truck come up to a stop sign.
Garcia shot at the truck with a 30.06 rifle from his own vehicle and fled the area. He crashed
his vehicle and was later apprehended by Washington County Sheriff’s deputies. Preliminary
autopsy reports indicated the victim’s lungs and aorta were perforated by the gunshot and he
died therefrom.
Orput stated, “This matter continues to be under extensive investigation. Our thoughts go out
to the family of the victim of this totally senseless crime. We will use every resource in our
power to bring this defendant to justice.”
Complaint attached ####
State of Minnesota
County of Washington
District Court
10th Judicial District
Prosecutor File No.
Court File No.
State of Minnesota,
CR-2015-78
COMPLAINT
Plaintiff,
Order of Detention
vs.
BAILEY JORDAN GARCIA DOB: 01/07/1996
7380 Pinehurst Road
Pine Springs, MN 55115
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: Murder - 2nd Degree - Drive-by Shooting
Minnesota Statute: 609.19.1(2)
Maximum Sentence: 40 years
Offense Level: Felony
Offense Date (on or about): 01/24/2015
Control #(ICR#): 15002292
Charge Description: caused the death of a human being, to wit: David Robert Frigaard , while committing
or attempting to commit a drive-by shooting
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STATEMENT OF PROBABLE CAUSE
The Complainant states that the following facts establish probable cause:
Your Complainant is a licensed peace officer in the State of Minnesota and is employed by the Washington
County Sheriff's Office. In that capacity, your Complainant states the following to establish probable cause: On 01-24-2015, at approximately 3:17 a.m., Deputy Wilts was dispatched to the area of the Dugout Bar in
the city of Mahtomedi, Washington County, on a report a loud gunshot or explosion. The caller advised
dispatch that after the gunshot or explosion he heard a vehicle driving away. Deputy Wilts arrived at the
area and did not locate any person injured or damaged property. At approximately 3:36 a.m., Deputy Wilts was dispatched to the area of Mahtomedi Avenue and Maple
Street for suspicious activity. The caller reported seeing four people gathered around an SUV (MN LIC:
067PCJ) that had crashed and had significant damage. Deputies Wilts and Jackson arrived at the scene
and located an SUV with significant damage which may have been caused by the SUV striking a tree.
Deputy Wilts observed the rear and front license plate were concealed with what appeared to be a white
paper towel. Deputy Jackson spoke with F.M., a witness who was standing by the SUV. F.M. stated that she
and her friend D.R. found a male, later identified as BAILEY JORDAN GARCIA (DOB: 01-07-1996), the
defendant herein, inside the crashed SUV. F.M. stated that the defendant was acting strange. D.R. stated
that she observed a rifle and ammunition in the front passenger seat. The rifle was later identified as a
30.06 Savage Rifle with a scope attached (Ser. # 494474). Deputy Wilts made contact with the defendant. Deputy Wilts could smell an order of alcoholic beverage
coming from the defendant. The defendant initially stated that he had only consumed one beer. However,
the defendant later admitted consuming three beers and one glass of wine. The defendant stated that he
heard a gunshot in downtown Mahtomedi and got scared and began to speed away. The defendant stated
that he got into a fight earlier with his brother and father. Deputy Wilts asked the defendant why his license
plates were covered and why he was in possession of a rifle. The defendant then stated that he pulled into
East Shore Auto and took a shot at a "wolf." The defendant was then transported to Lakeview Hospital for
minor injuries sustained from the accident. Inside the vehicle, Deputy Wilts located a spent 30.06 shell
casing lying on the floorboard of the driver's side under the gas pedal, and more ammunition in the driver's
side door compartment. Additionally, a bottle of Captain Morgan's Rum was located with about ¼ of liquid
in the bottle remaining. After departing from the scene where the defendant crashed his vehicle, Sgt. Stoehr observed another
vehicle was running in the area of Stillwater Blvd and Highway 244. Sgt. Stoehr saw that the vehicle went
through a ditch between Wildwood Beach Road and Mahtomedi Ave, and eventually came to rest into front
of a tree. Both doors were locked; however, the passenger side window was rolled down. Deputy Stoehr
observed a bullet hole on the passenger side, directly to the rear of the passenger side window of the
vehicle. A male was slumped over the wheel. Medics arrived and pronounced the male driver, later
identified as D.R.F. (DOB: 08-30-1968), deceased. A preliminary autopsy reports that D.R.F. died as a
result of exsanguination due to perforation of his lungs and aorta due to a gunshot wound to the thorax and
concludes the manner of death as a homicide. After being treated at the hospital, the defendant was transported to Washington County Jail. The
defendant stated that he was with his family earlier in the evening. The defendant admitted to consuming
around three beers and a shot of Captain Morgan rum. The defendant stated that around 11:30 p.m. he got
into a fight with his brother. After the defendant's father told him to go to his room, he became angry. The
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defendant stated that he wanted to kill himself. After a short time, the defendant went to his closet and
retrieved his rifle and a box of ammunition. The defendant stated he took the rifle, ammunition, and a bottle
of Captain Morgan rum and drove to Mahtomedi Fire Department. The defendant said that he recently
obtained a job with the Mahtomedi Fire Department. The defendant admitted to retrieving a cutting tool
from the building to remove the trigger lock that was attached to his rifle. The defendant then went to fill up
his gas tank and covered the license plates of his vehicle with a paper towel. The defendant initially
admitted shooting a "few deer" that were located near the intersection of Stillwater Road and Mahtomedi
Ave. The defendant then admitted that he was aiming at a truck that he saw at the intersection. The
defendant admitted that he aimed his rifle out of his driver's side window at the truck and shot. The
defendant admitted that after the shot went off he got scared and fled the area. The defendant said he got
scared because he did not know if he hit the driver. D.R.F.'s vehicle was found in the area where the
defendant admitted shooting his rifle at a truck.
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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
Lloyd Gilbert Ackerknecht
investigator
15015 62nd Street N
PO Box 3801
Stillwater, MN 55082-3801
Badge: 133
Electronically Signed:
01/26/2015 09:25 AM
Subscribed and sworn to before the undersigned.
Notary Public or
Judicial Official
Erin Thuente, Peace Officer
License Number: 18073,
Washington County, Minnesota.
My license expires: 06/30/2015
Detective
15015 62nd Street N
PO Box 3801
Stillwater, MN 55082-3801
Electronically Signed:
01/26/2015 09:31 AM
Being authorized to prosecute the offenses charged, I approve this complaint.
Prosecuting Attorney Imran Ali
PO Box 6
15015 62nd Street North
Stillwater, MN 55082
(651) 430-6115
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Electronically Signed:
01/26/2015 09:21 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 14949 62nd Street N PO Box 3802, Stillwater, MN 55082-3802 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: ________ ___, _____.
Judicial Officer
<judge name>
Sworn testimony has been given before the Judicial Officer by the following witnesses:
COUNTY OF WASHINGTON
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.
Bailey Jordan Garcia
Signature of Authorized Service Agent:
Defendant
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