State of Minnesota District Court
County of Olmsted 3rd Judicial District
Prosecutor File No. 11033101
Court File No. 55-CR-11-4704
State of Minnesota, COMPLAINT
Plaintiff, Order of Detention
vs.
[ ] Amended
SCOTT BRIAN NOSKA DOB: 12/18/1963
1921 Deerhaven Lane NE, Apt. 15
Rochester, MN 55906
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: Criminal Vehicular Homicide or Operation - Driver Who Causes Accident Leaves
Scene
Minnesota Statute: 609.21.1(7), with reference to: 609.21.1a(b)
Maximum Sentence: 5 years or $10,000 fine or both (MSG SL 5)
Offense Level: Felony
Offense Date (on or about): 07/07/2011
Control #(ICR#): 11033101
Charge Description: On or about July 7, 2011, within the County of Olmsted, Scott Brian Noska did
wrongfully, unlawfully and feloniously cause great bodily harm to another, to-wit: DEF, as a result of
operating a motor vehicle, to-wit: a Chevrolet with Minnesota license plate NG959, and where the
driver who caused the accident left the scene of the accident in violation of section 169.09, subd. 1 or
6.
COUNT II
Charge: Criminal Vehicular Homicide or Operation - Operate Vehicle with Negligence - Under
Influence Alcohol
Minnesota Statute: 609.21.1(2)(i), with reference to: 609.21.1a(b)
Maximum Sentence: 5 years or $10,000 fine or both (MSG SL 5)
Offense Level: Felony
Offense Date (on or about): 07/07/2011
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Control #(ICR#): 11033101
Charge Description: On or about July 7, 2011, within the County of Olmsted, Scott Brian Noska did
wrongfully, unlawfully and feloniously cause great bodily harm to another, to-wit: DEF, as a result of
operating a motor vehicle, to-wit: a Chevrolet with Minnesota license plate NG959, in a negligent
manner while under the influence of alcohol.
COUNT III
Charge: Traffic - DWI - Operate Motor Vehicle Under Influence of Alcohol
Minnesota Statute: 169A.20.1(1), with reference to: 169A.275.1, 169A.26.1(a), 169A.26.2
Maximum Sentence: 1 year and/or $3,000 fine, or both
Offense Level: Gross Misdemeanor
Offense Date (on or about): 07/07/2011
Control #(ICR#): 11033101
Charge Description: On or about July 7, 2011, within the County of Olmsted, Scott Brian Noska did
wrongfully and unlawfully drive, operate or be in physical control of a motor vehicle, to-wit: a
Chevrolet with Minnesota license plate NG959, while he was under the influence of alcohol. One
aggravating factor was present at the time of offense. One aggravating factor was present at the time
of the offense.
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STATEMENT OF PROBABLE CAUSE
The Complainant states that the following facts establish probable cause:
Your complainant is an Officer employed by the Rochester Police Department. In that capacity, your
complainant has reviewed the police reports relating to Scott Brian Noska, the above-named
defendant, and the allegations contained therein. Based upon that information, your complainant
believes the following to be true and correct.
On July 7, 2011 at approximately 8:11 p.m. officers were dispatched to the scene of an accident with
injuries at the intersection of East Circle Drive NE and Rocky Creek Drive in Rochester, Olmsted
County, Minnesota. Upon arrival at the scene, Officer Laber observed a motorcycle lying on its side
and the driver (identified as DEF, DOB 4/29/91) on the ground near the motorcycle. Officer Laber
observed debris from the motorcycle and suspect vehicle scattered around the area. Officer Laber
observed blood coming from DEF's helmet and he was unable to move or speak. DEF was
transported to the hospital by ambulance and was listed as being in critical condition.
Officers interviewed witnesses and were informed a dark colored Chevrolet Suburban crossed East
Circle Drive from Stonehedge Drive into the path of the motorcycle that was traveling eastbound on
East Circle Drive. The motorcycle collided with the passenger side of the Suburban. After the
collision, the Suburban drove ahead and pulled over to the side on Rocky Creek Drive. Shortly after
stopping, the Suburban left the scene traveling southbound on Rocky Creek Drive.
Officers at the scene observed a trail of fluid that started at the collision site, continued to the location
where the witnesses saw the vehicle stop and then continued down the road to the south. Among the
debris at the scene, officers located a step bar and mirror glass from the suspect vehicle.
While clearing the accident scene, Officer Mitchell was approached by a witness who stated he had
heard officers were looking for a Suburban that left an accident. The witness stated he observed a
black Suburban in the garage of his apartment building that looked like it had been involved in an
accident. Officer Mitchell followed the witness to the apartment building at 1921 Deerhaven Lane NE
and observed a trail of fluid leading to the overhead garage door. The witness opened the door and
escorted Officer Mitchell to a black Suburban with Minnesota license plate NG959. Officer Mitchell
observed the fluid trail led to the Suburban and the vehicle was missing the passenger side step bar.
Officer Mitchell observed the step bar on the driver's side matched the one left at the accident scene.
Officer Mitchell also observed damage to the front passenger side, the front passenger door window
was broken and there was dried blood on the driver's seat and center console.
Officer Mitchell checked the vehicle's license plate number and found it listed to Scott Brian Noska,
DOB 12/18/1963, at 1921 Deerhaven Lane NE, Apt. 15 in Rochester. Officer Mitchell also checked
Noska's driving record and found driving under the influence convictions from 8/18/2001, 3/27/1993
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and 11/4/1988.
Officers went to Noska's apartment and spoke to him. Noska admitted being involved in an accident.
Noska stated he stopped at the stop sign, looked both ways and did not see anyone. When he
proceeded through the intersection, he got "smoked" by someone on a motorcycle. After the
accident, he got scared and left the scene. Noska admitted consuming a few beers prior to the
accident. While speaking with Noska, Officer Mitchell observed his eyes were glassy, his breath
smelled of alcohol and his speech was slightly slurred.
Officer Mitchell transported Noska to the Law Enforcement Center and interviewed him after Miranda
advisory and waiver. Noska stated he got off work, went to a store in Byron and purchased a six
pack of beer. He drove to Rochester and consumed approximately three beers. Noska stated he
was traveling south on Stonehedge Drive toward East Circle Drive when he stopped for the stop sign,
looked both ways and did not see the motorcycle. When he proceeded across East Circle Drive, he
was hit on the front passenger side by the motorcycle. The glass from the front passenger door
shattered and flew at him. After the accident, he saw the motorcycle and driver on the ground. He
was scared, so he drove south on Rocky Creek Drive until he got home. Noska admitted he did not
stop to assist the driver of the motorcycle or leave his information. Upon completion of the interview,
a sample of Noska's blood was obtained.
On July 8, 2011 Sgt. Strop went to St. Mary's Hospital to inquire about DEF's condition. Sgt. Strop
was informed by doctors that DEF was still in critical condition, he sustained major skull and facial
injuries and has internal bleeding.
NOTICE: YOU MUST APPEAR FOR EVERY COURT HEARING REGARDING THIS CASE.
FAILURE TO APPEAR FOR COURT IS A CRIMINAL OFFENSE AND MAY RESULT IN
ADDITIONAL CRIMINAL CHARGES BEING IMPOSED AND PUNISHED AS PROVIDED IN
MINNESOTA STATUTES SECTION 609.49.
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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 Anne Johnson #2302
101 4th Street SE
Rochester, MN 55904-3761
Signing Officer Anne M. Johnson Electronically Signed: 7/8/2011
Investigator
101 4th Street SE
Rochester, MN 55904-3761
Badge: 2302
Subscribed and sworn to before the undersigned.
Notary Public or Sandra Schulz Commission expires: 01/31/2015
Judicial Official Notary Public, County of Olmsted Electronically Signed: 7/8/2011
101 4th Street SE
Rochester, MN 55904-3761
Notary ID: 6126304
Being authorized to prosecute the offenses charged, I approve this complaint.
Prosecuting Attorney James S. Martinson Electronically Signed: 7/8/2011
Chief Deputy
151 4th Street SE
Government Center - 3rd Floor
Rochester, MN 55904
(507) 328-7600
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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 151 Fourth Street SE, Rochester, MN 55904 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: July 8, 2011.
Judicial Officer Robert Birnbaum Electronically Signed: 7/8/2011
District Court Judge
Sworn testimony has been given before the Judicial Officer by the following witnesses:
COUNTY OF OLMSTED Clerk's Signature or File Stamp:
STATE OF MINNESOTA
State of Minnesota
Plaintiff RETURN OF SERVICE
I hereby Certify and Return that I have served a copy of this
vs.
Order of Detention upon the Defendant herein named.
Scott Brian Noska Signature of Authorized Service Agent:
Defendant
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