Gaither_ Aramis 02.16.10 by twincities

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									Aramis Diamante-Sanitino Gaither   Co. Atty Complaint No: 2089753-1   Court File No.:                   Page: 1 of 8
STATE OF MINNESOTA                                                                               DISTRICT COURT

COUNTY OF RAMSEY                                                                        SECOND JUDICIAL DISTRICT

                                                                                  COURT FILE NO.: _____________
                                                                                  PROSECUTOR FILE NO.: 2089753

State of Minnesota,


v.                                                          CRIMINAL COMPLAINT
Aramis Diamante-Sanitino Gaither                               Summons       Warrant
(DOB: 08/02/1991)                                              Order of Detention
1165 Bush Avenue, Lower
St. Paul, MN 55106,                                               Amended
                                                                  Certified Juvenile


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):

                                            COUNT 1
On or about the 13th day of February, 2010, in Ramsey County, Minnesota, the defendant, ARAMIS
DIAMANTE-SANITINO GAITHER, did unlawfully cause the death of A.T.G., with intent to effect the death
of A.T.G.

Said acts constituting the offense of Murder in the Second Degree in violation of MN Statute: §609.19.1(1)
Maximum Sentence: 40 years

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Aramis Diamante-Sanitino Gaither   Co. Atty Complaint No: 2089753-1   Court File No.:                        Page: 2 of 8
                                    STATEMENT OF PROBABLE CAUSE

Your complainant is an investigator with the St. Paul Police Department, and she bases this complaint upon a
review of reports and upon her own investigation.

Officer Maloney of the St. Paul Police Department reports that on February 13, 2010, at approximately 1:30
p.m., he and other officers were dispatched to 1167 Bush Avenue, St. Paul, Ramsey County, MN, on a shots
fired call. Prior to arrival, they were informed by dispatch that one male had been shot, and the suspect had fled
on foot. Upon arrival, officers observed 45-year-old, A.T.G., lying on the front stairs. A.T.G. had numerous
gunshot wounds in his back, and medics were called. A.T.G. was transported by medics to Regions Hospital,
where he was pronounced dead.

Police learned from family members that the person who shot A.T.G. was his son, identified as ARAMIS
DIAMANTE-SANITINO GAITHER, DOB 8/2/1991. Several eyewitnesses at the scene described hearing
between five and nine gunshots. Police recovered numerous cartridge casings at the scene of the shooting.
Police obtained a physical description of Aramis Gaither, as well as the clothing he was wearing, and
apprehended him a short distance away. When Gaither saw the uniformed officer, he immediately got down on
his knees and put his hands behind his back without receiving any commands from police. When asked where
the gun was, Gaither said he “blacked out” and did not remember. Gaither then asked if his father was okay.

Family members later told police there had been an argument that day between A.T.G. and his wife. A.T.G. was
asked to leave the residence. They continued to have words although it did not get physical. At one point,
Aramis Gaither grabbed his father in an attempt to restrain him, but his father pulled away. A.T.G. was asked to
leave the residence. The female children eventually persuaded A.T.G. to leave the residence, and he exited out
the front door. At that time, Gaither came out of his bedroom and exited out the side door. Gaither was carrying
a black semi-automatic handgun. The sister of Aramis Gaither told police that after her father exited, he
returned to get his work gloves. At that time, she saw Gaither come around the corner of the house towards her
father. She tried to get between both men, but Gaither pulled out the handgun and shot his father, who fell to the
ground. Aramis Gaither continued to shoot the gun at A.T.G. Gaither’s sister stated that A.T.G. was unarmed
and had nothing in his hands, and Aramis Gaither did not say anything while he was shooting his father.

Another sister of Aramis Gaither described a heated argument between A.T.G. and his wife. At one point,
A.T.G. tapped his wife on the face, and she stated that she was going to call the police. The children got
between the two because they did not know if they were going to hit each other. At this point, Aramis Gaither
came out of his room, and A.T.G. told Gaither, “If you touch me, I’m going to lay you out.” Aramis Gaither
went back in his room. The girls then escorted A.T.G. out of the apartment and heard their mother telling
Gaither to “put that back”. She also stated, “No, Aramis, don’t do that, that’s not worth it, that’s your dad.”
Aramis Gaither was told that his father had gone outside, and that they should just let him calm down.

Police then spoke with an adult eyewitness, who stated that she heard the argument between A.T.G. and his
wife and then saw A.T.G. leave, but he turned around stating, “I need my work clothes.” At this point, she saw
Aramis Gaither shoot A.T.G. stating, he “just kept shooting him”. She believed Aramis Gaither shot A.T.G. at
least five or more times, the majority of which happened when A.T.G. was on the ground.

Police interviewed Aramis Gaither at the St. Paul Police Department after arrest and Miranda. Gaither stated
that his father has a “high temper”, and there was an argument that got out of proportion with his parents face to
face yelling at each other. At one point, he saw his mom grab a long metal bar and hold it. Gaither said there
was not a physical confrontation, but a lot of yelling. Gaither tried to assist his sister in getting their father to go

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Aramis Diamante-Sanitino Gaither   Co. Atty Complaint No: 2089753-1   Court File No.:                 Page: 3 of 8
outside, and his father tried to swing on him and then pushed him away. Gaither said he went to his room to
“grab the gun”, which he described as a black semi-automatic .22, that he got off the street for protection after
someone had attempted to rob him. When Gaither came out of his bedroom with the gun in his pocket, his
father had already left. Gaither said his mother and sisters tried to stop him from going outside and tried to
block the door, but he was not hearing them. Gaither said he went out the back door and was hoping his father
was not in front of the house, but he was. Gaither said his father then walked up to him and said, “You’ve got
your gun.” Gaither could see that his father was unarmed and had nothing in his hands. Gaither held his gun out
toward his father, who stated something like, “I want you to shoot me.” Aramis Gaither said he kind of blacked
out and shot the gun and then just kept firing. Gaither described his first shot as hitting A.T.G. in the jaw and
then said his finger kept pulling the trigger until the gun was empty. Gaither estimated there were ten rounds in
the gun.

Aramis Gaither told police he felt that if he did not shoot, his father would have taken the gun from him and
shot him. Gaither said he then fled on foot and threw the gun. Gaither described to police where that location
was. Gaither went with police to that area and assisted police in recovering the gun from the dumpster he had
thrown it into.

Dr. Kelly Mills, Principal Assistant Ramsey County Medical Examiner, states in her report dated February 14,
2010, of the autopsy of A.T.G. that she observed six gunshot wounds to A.T.G., one to the chin and five to his
back. She concludes that the cause of death of A.T.G. is multiple gunshot wounds, and the manner of death is a

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Aramis Diamante-Sanitino Gaither   Co. Atty Complaint No: 2089753-1   Court File No.:                 Page: 4 of 8

  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’S NAME:                                   COMPLAINANT’S SIGNATURE:

   Jane Mead                                            ____________________________________

   Subscribed and sworn to before the undersigned this ______ day of _________, 20_____.

   NAME/TITLE:                                           SIGNATURE:

  ____________________________________                  ____________________________________

 Being authorized to prosecute the offenses charged, I approve this complaint.

 Date: 02/16/2010                                          PROSECUTING ATTORNEY’S SIGNATURE:

                                                           Name: Robert A. Plesha
                                                           Assistant Ramsey County Attorney
                                                           50 West Kellogg Blvd, #315
                                                           St. Paul, MN 55102
                                                           Attorney Registration #87178

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Aramis Diamante-Sanitino Gaither         Co. Atty Complaint No: 2089753-1       Court File No.:                               Page: 5 of 8
                                             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.

____________, 20___ at _______ 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.

                     Execute in MN Only                 Execute Nationwide                Execute in Border States
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 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 as such Judge or Judicial Officer is available to be dealt with according to law.

                                                     ORDER OF DETENTION
Since the above-named Defendant is already in custody, I hereby order, subject to bail or conditions of release, that the above-named
Defendant continue to be detained pending further proceedings.

Bail: $500,000.00
Conditions of Release:

This complaint, duly subscribed and sworn to, is issued by the undersigned Judicial Officer this ______ day of _____________,

JUDICIAL OFFICER:                                                     SIGNATURE:
TITLE:                                                               ___________________________________

Sworn testimony has been given before the Judicial Officer by the following witnesses:
                                COUNTY OF RAMSEY 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
                                                                     COMPLAINT - WARRANT AND ORDER OF DETENTION upon
                                                                    the Defendant herein named.
                         Defendant.                                    Signature of Authorized Service Agent:


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Aramis Diamante-Sanitino Gaither   Co. Atty Complaint No: 2089753-1   Court File No.:       Page: 6 of 8
                                              FINDINGS OF FACT

Probable cause found that defendant committed the offenses charged.

Ordered defendant's motion to dismiss denied.

Plea of not guilty to all counts entered.

Trial and hearing on all issues set.

Dated: ________________________                   _______________________________________
                                                  JUDGE OF DISTRICT COURT

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Aramis Diamante-Sanitino Gaither     Co. Atty Complaint No: 2089753-1    Court File No.:                         Page: 7 of 8
                            DEFENDANT DATA / CHARGE SHEET – ATTACHMENT A

 DEFENDANT NAME: ARAMIS DIAMANTE-SANITINO GAITHER                                                DOB: 08/02/1991
 Defendant alias name(s):      Aramis Diamonte Gaither                                           Alias DOB(s):

                               Aramis Diamantesanitino Gaither

 Defendant last known          1165 Bush Avenue, Lower
 address:                      St. Paul, MN 55106

 State ID:                     MN10CV0956
 Fingerprint ID:               276053
 FBI ID:                       37176HD2
 St. Paul PD ID:
 Offender ID:

 Fingerprinted?                    No             Yes
  Handgun permit?                    No           Yes (Issuing Agency:            )
  Location of violation:
  Driver's License       Number:                                               Issuing State:
 License Plate          Number:                                                Issuing State:
  Accident Type:            No injury/no damage                                Property Damage
 check all that apply
                            Personal Injury                                    Fatality
  Blood Alcohol Concentration (BAC):

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Aramis Diamante-Sanitino Gaither   Co. Atty Complaint No: 2089753-1   Court File No.:                       Page: 8 of 8

CT OFFENSE STATUTE STATUTE                      STATUTE                    OFFENSE      MOC     G       AGENCY
NO DATE      TYPE  NBR                          DESCRIPTION                 LEVEL               O         ORI
                                                                                                C       CN NBR

 1 02/13/2010    Charge   609.19.1(1)          Murder - 2nd Degree -           F        H2811   N St. Paul Police Dept.
                                               With Intent-Not                                    ORI - MN0620900
                                               Premeditated                                       CN - 10030293

                                                        V. 8/07

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