Criminal Complaint Template - PDF by kxb86934

VIEWS: 137 PAGES: 4

More Info
									State of Minnesota                                                                                                                 District Court
County of Hennepin                                                                                                         Fourth Judicial District
                                                                                                            CTY ATTY          CONTROLLING
CCT           LIST CHARGE STATUTE ONLY                            MOC                  GOC                  FILE NO.          AGENCY                CONTROL NO.
1             § 609.185                                           H1033                 N                    08-5887          MN0270900              08002611
2             § 609.185                                           H1333                 N
                                                                                                            COURT CASE NO.                   DATE FILED



                                                                                                                 Amended           Tab Charge Previously Filed

    if more than 6 counts (see attached)    if Domestic Assault as defined by MS 518B01, sub2a,b           $   SERIOUS FELONY           SUMMONS
              State of Minnesota,                                                                                FELONY                   WARRANT
                                                                                                                 GROSS MISDM DWI      $   ORDER OF DETENTION
                                                                  PLAINTIFF,                                     GROSS MISDM              EXTRADITION

                                            VS.

NAME: first, middle, last                                                                            Date of Birth           MNCIS #:
COREY OMAR POSLEY-WELLS                                                                                 12/4/80
                                                                                                                             LE#:      08-30735
                                                                  DEFENDANT,                                                 SILS ID:  393949
NPA                                                                                                                          TRACK ID: 2253999


                                                                                     C O M P LA I N T
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, Matthew Struck, is a Detective with the Hopkins Police Department. In that capacity he believes the
following establishes probable cause:

Shortly after 10:00 p.m. on July 7, 2008, Hopkins Police Officer Pilon and others were called to 151 Eighth Avenue
South, Apartment 205, Hopkins, Hennepin County, Minnesota. They responded to a 911 call placed by R.E.S.
R.E.S.’s mother, 90 year old Irene Mary Kunze, lived in that apartment.

Officers found Ms. Kunze’s lifeless body in the apartment bedroom lying in a pool of blood. Officers also saw
another pool of blood in the dining room of the apartment and bloody drag marks towards the bedroom. Pilon also
discovered a bloody knife in the kitchen sink of the apartment.

Dr. Mitchell Morey is an Assistant Hennepin County Medical Examiner. Dr. Morey reports that Ms. Kunze is dead
because of blood loss from several stab wounds.

In the aftermath of the murder, officers canvassed the apartment building. A nearby apartment dweller identified
COREY OMAR POSLEY-WELLS, the defendant herein, as visiting the building on July 7, 2008. Officer Pilon
interviewed defendant who acknowledged visiting the building on July 7, 2008, and using the neighbor’s shower.
Defendant said nothing about visiting Ms. Kunze’s apartment or any contact with her. Defendant did provide a DNA
sample.



FORM-J                                                                                                                                                   REV. 12/95
                                                                                                               Page     2


Michelle Leonard, a forensic scientist with the Hennepin County Sheriff’s Office, reports that the lab compared the
known DNA sample of defendant with a DNA mixture sample taken from the elbow of Ms. Kunze. The sample does
not exclude defendant; 99.92 % (9992 out of 10,000) of the population would be excluded.

Defendant was arrested on July 16, 2008, after the DNA test was complete. After Miranda, defendant admitted
spotting Ms. Kunze as she left her apartment to take out the garbage on the afternoon of the 7th. Defendant felt she
was a good robbery target for money. He followed her and then lay in wait for her to return to her apartment.
Defendant followed Ms. Kunze into the apartment. Defendant attacked Ms. Kunze knocking her to the floor in an
attempt to rob her. After much consternation, defendant retrieved a knife from the kitchen and stabbed her, including
cutting her throat. Defendant dragged Ms. Kunze into the bedroom. Defendant then stole a small amount of money
from Ms. Kunze’s billfold. He also looked in various drawers for money or valuables.

Defendant also told Hopkins investigators that he was recently released from prison after serving a term for
aggravated robbery.
                                                                                                                      Page     3

                                                COMPLAINT SUPPLEMENT

        CCT     SECTION/Subdivision             M.O.C.        GOC




                                                         OFFENSE

COUNT 1:      MURDER IN THE FIRST DEGREE (FELONY)
              MINN. STAT. § 609.185(a)(1); § 609.11; § 609.106, SUBD. 2(1)
              PENALTY: LIFE

That on or about July 7, 2008, in Hennepin County, Minnesota, COREY OMAR POSLEY-WELLS, while using a
dangerous weapon, caused the death of Irene Mary Kunze, a human being, with premeditation and with intent to
effect the death of that person, or another.


COUNT 2:      MURDER IN THE FIRST DEGREE (FELONY)
              MINN. STAT. § 609.185(a)(3); § 609.11
              PENALTY: LIFE

That on or about July 7, 2008, in Hennepin County, Minnesota, COREY OMAR POSLEY-WELLS, while using a
dangerous weapon, caused the death of Irene Mary Kunze, a human being, with intent to effect the death of Irene
Mary Kunze or another, while committing or attempting to commit the crime of aggravated robbery.



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 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:
   Detective Matthew Struck
                     Being duly authorized to prosecute the offense(s) charged, I hereby approve this Complaint.
DATE:                                                                PROSECUTING ATTORNEY’S SIGNATURE:
                                           ks
PROSECUTING ATTORNEY:
NAME/TITLE:                                                       ADDRESS/TELEPHONE:
  Paul R. Scoggin (161445)                                        C2100 Government Center, Minneapolis, MN 55487
  Assistant County Attorney                                       Telephone: (612) 348-5161
FORM I-2                                                                                                           Rev. 3/94
                                                                                                                                   Page           4
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 above-
named Defendant(s) continue to be detained pending further proceedings.

Bail: $2,000,000

Conditions of Release:


This COMPLAINT-                  ORDER OF DETENTION           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
                                                                                                 RETURN OF SERVICE
                               Plaintiff                                  I hereby Certify and Return that I have served a copy of this
                                                                          COMPLAINT – SUMMONS, WARRANT, ORDER OF
                                  vs.                                     DETENTION upon Defendant(s) herein-named.
                                                                                          Signature of Authorized Service Agent:
                    COREY OMAR POSLEY-WELLS


                            Defendant(s).

								
To top