State of Minnesota, MN PLAINTIFF, VS. NAME: first, middle, last ISABEL DIAZ-CASTILLO

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1 State of Minnesota County of Hennepin District Court Fourth Judicial District CCT LIST CHARGE STATUTE ONLY MOC GOC K8095 N CTY ATTY FILE NO. CONTROLLING AGENCY CONTROL NO MN COURT CASE NO. DATE FILED if more than 6 counts (see attached) State of Minnesota, if Domestic Assault as defined by MS 518B01, sub2a,b VS. NAME: first, middle, last ISABEL DIAZ-CASTILLO 3229 ELLIOT AVE S MINNEAPOLIS, MN PLAINTIFF, DEFENDANT, Amended Tab Charge Previously Filed SERIOUS FELONY SUMMONS FELONY WARRANT GROSS MISDM DWI ORDER OF DETENTION GROSS MISDM EXTRADITION Date of Birth MNCIS #: 27-CR- 11/19/82 LE#: SILS ID: TRACK ID: C O M P L A 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, Sgt. Luis Porras of the Minneapolis Police Department, has investigated the facts and circumstances of this offense and believes the following establishes probable cause: On or about February 20, 2013, officers were dispatched to a Minneapolis, Hennepin County address on a report of a kidnapping. Officers knocked on the door and got no response, so they went to the rear of the building and found V.L.G. arriving in a Ford Expedition. V.L.G. indicated that in the last 30 minutes someone had entered her apartment and had taken her 8-month old son (Child A herein). V.L.G. said she had just driven around the block in an effort to locate him. V.L.G. told police that her son was strapped in a car seat and on the couch while she went to take a shower. When she came out of the shower, her son was gone but the car seat remained. V.L.G. described a white, red and blue onesie that her son was wearing with #1 Slugger stitched on the chest. She also described that her son s black and grey blanket had been taken. V.L.G. said the child s father is in Mexico. V.L.G. said she had met someone a month ago, at a laundromat, by the name of Elli who seemed to take an extreme interest in her son. Elli had told V.L.G. that she had suffered a miscarriage in the last few months. V.L.G. indicated that Elli had been to her home a couple times since they had met, with the most recent time being Monday, February 18, Elli had agreed to loan V.L.G. some money and was supposed to come over sometime on the morning of the 20 th to drop it off, but had not shown up. Instead, V.L.G. indicated that Elli called multiple times to tell her that she would be there in 15 minutes, but had not arrived before her shower. The last time Elli called, V.L.G. told her that she was just going to get in the shower. FORM-J REV. 12/95

2 ISABEL DIAZ-CASTILLO CCN Page 2 Officers learned that Elli, subsequently identified as ISABEL DIAZ-CASTILLO, DOB 11/19/82 (defendant herein), drove a 2002 Kia Sportage with a Minnesota license plate 242-GAU. The defendant has two children, one of whom was recognized at the scene of V.L.G. s house by a neighbor at the time V.L.G. s son was taken. At the Minneapolis Police Department s request, the Minnesota Bureau of Criminal Apprehension sent out an Amber Alert, a signal that goes out to all media outlets, cell phones, and all highway overpasses, with the defendant s car information to alert citizens in the State of an emergency. Officers continued their investigation while the Amber Alert went out, and spoke with the defendant s boyfriend, O.P. O.P. indicated that the defendant left the house this morning at about 10:00 a.m. for a doctor s appointment, and he had not seen her since. O.P. said that the defendant had two children, and that she had told him about a third younger child, a boy, that she had in Mexico and was trying to get him back here. Officers observed two full suitcases on the bed, and O.P. said that they were moving to a different address. While officers were talking with O.P., his sister called and told him the defendant had stopped by her house around noon with a baby. Officers received a call at approximately 3:46 p.m., on February 20 th, alerting them that someone had located the defendant s vehicle on 3 rd Avenue South in Minneapolis after seeing the Amber Alert. The defendant s brother, I.D.C., and sister-in-law, M.H.A., live on 3rd Avenue South. Officers knocked on the door and talked with M.H.A., who said the defendant was there and trying to leave out the back door. Officers in back indicated no one had come outside, so they went down into the basement. There, they located the defendant hiding in a basement bathroom, with V.L.G. s 8-month old baby in her arms. When officers went to take the baby to return him to his mother, the defendant screamed That s my baby! and would not let him go. Officers had to remove the baby from the defendant s arms in order to return him to his mother. Officers spoke with M.H.A. who indicated that the defendant had told the family that she was pregnant and had given birth to a child that was sent back to Mexico. The defendant had told her that she was trying to get the baby back up here to Minnesota. M.H.A. indicated that no one had ever seen the defendant appear to be pregnant. On February 20 th, the defendant showed up at her house with a baby and claimed that her baby had arrived from Mexico on February 19 th. While they were visiting, police knocked on the door, and the defendant asked where the back door was to the house. After V.L.G. and her son were reunited, V.L.G. contacted police and advised that it appeared her boy s hair had been cut. The defendant is in custody.

3 COMPLAINT SUPPLEMENT Page 3 CCT SECTION/Subdivision M.O.C. GOC O F F E N S E COUNT 1: KIDNAPPING (FELONY) SOR STAMP MINN. STAT , SUBD.1, 2(2) PENALTY: 0-40 YEARS AND/OR $50,000 That on or about February 20, 2013, in Hennepin County, Minnesota, ISABEL DIAZ-CASTILLO confined and removed victim, Child A from one place to another, without the consent of his parents or other legal custodian, and victim was under the age of 16 years. 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 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: DATE: Sgt. Luis Porras COMPLAINANT S SIGNATURE: Being duly authorized to prosecute the offense(s) charged, I hereby approve this Complaint. PROSECUTING ATTORNEY S SIGNATURE: February 22, 2013 PROSECUTING ATTORNEY: NAME/TITLE: red ADDRESS/TELEPHONE: CHERI TOWNSEND ( ) C2100 Government Center, Minneapolis, MN Assistant County Attorney Telephone:

4 Court Case # This COMPLAINT was subscribed and sworn to before the undersigned this day of, 20. NAME: SIGNATURE: Page 4 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 abovenamed Defendant(s) continue to be detained pending further proceedings. Bail: $100,000 + CR Conditions of Release: No contact with Victim-Child A or victim-parent, V.L.G.; No contact with witness(es); No contact with address of the offense or home/work of victim(s) and witness(es); No contact with minors/males/females under age of 16; Surrender passport; Make all appearances; Remain law abiding. 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 Plaintiff vs. ISABEL DIAZ-CASTILLO RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this COMPLAINT SUMMONS, WARRANT, ORDER OF DETENTION upon Defendant(s) herein-named. Signature of Authorized Service Agent: Defendant.

5 T:\Division\APD\COMPLAINTS 2013\D - G\Diaz-Castillo, Isabel Townsend red docx Page 5

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