The Complainant submits this complaint to the Court and states that there is probable cause to believe Defendant committed the following offense(s):

Transcription

1 State of Minnesota County of Stearns State of Minnesota, vs. Plaintiff, DALE DAVID LOTT DOB: 02/21/ Eighth Street N St. Cloud, MN Defendant. District Court 7th Judicial District Prosecutor File No. CR Court File No. 73-CR COMPLAINT Order of Detention 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: Assault-1st Degree-Great Bodily Harm Minnesota Statute: , with reference to: Maximum Sentence: Not more than twenty (20) years imprisonment and/or a $30,000 fine. Offense Level: Felony Offense Date (on or about): 05/25/2014 Control #(ICR#): Charge Description: That the defendant, Dale David Lott, then and there being, did wrongfully, unlawfully, and feloniously assault another and inflict great bodily harm, to-wit: knocked C.L.S.'s three upper front teeth permanently out of her mouth, causing irreparable damage to her mouth and the loss or impairment of the funciton of her three teeth, and/or permanent disfigurement absent dentures.. COUNT II Charge: Kidnapping-To Commit Great Bodily Harm/Terrorize Minnesota Statute: (3), with reference to: (2) Maximum Sentence: Not more than forty (40) years imprisonment and/or a $50,000 fine. Offense Level: Felony Offense Date (on or about): 05/25/2014 Control #(ICR#): Charge Description: That the defendant, Dale David Lott, then and there being, did wrongfully, unlawfully, and feloniously, for the purpose of committing great bodily harm or to terrorize the victim or another or to facilitate commisssion of any felony or flight thereafter, did confine or remove from one place to another, any person without hte person's consent, and did not release the victim in a safe place without great bodily harm. COUNT III Charge: Assault-5th Deg-Inflict or Attempt Bodily Harm 1

2 Minnesota Statute: (2), with reference to: (2) Maximum Sentence: Ninety (90) days jail and/or a $1,000 fine. Offense Level: Misdemeanor Offense Date (on or about): 05/25/2014 Control #(ICR#): Charge Description: That the defendant, Dale David Lott, then and there being, did wrongfully, unlawfully, and intentionally inflict or attempt to inflict bodily harm upon another, to-wit: B.M.M. 2

3 STATEMENT OF PROBABLE CAUSE The Complainant states that the following facts establish probable cause: On or about May 25, 2014, St. Cloud Police Officers were dispatched to the St. Cloud Hospital Emergency Room in response to a domestic assault. Upon arrival, officers observed C.L.S., an adult female fully identified in police reports, who appeared to be seriously injured. Officers observed numerous injuries to C.L.S.'s face and dried blood. C.L.S. told officers that she had been in a relationship with Dale David Lott, DOB: 2/21/1973, the defendant herein. The defendant and C.L.S. are family or household members as defined by statute. C.L.S. stated that she had been drinking with the defendant at a St. Cloud bar. C.L.S. stated that she was trying to "break up with" the defendant. C.L.S. stated that the defendant followed her out of the bar and told her to come home and have a couple drinks with him. C.L.S. stated that she went to their St. Cloud, Stearns County residence and they continued drinking. C.L.S. stated that the defendant then left, and she went to pick him up because she did not want him to get in trouble with his parole, which he had recently violated for drinking. C.L.S. stated that the defendant got in the vehicle and they drove around. C.L.S. stated that the defendant eventually started "freaking out" and punched her in the face while she was driving back toward home. The defendant then shut the car off and took the car keys away from C.L.S. The defendant started to walk away but got back in the vehicle in the driver's seat.. C.L.S. asked the defendant to bring her home. C.L.S. stated that the defendant also had her phone at this point. The defendant began to drive away and would not tell C.L.S. where they were going. C.L.S. stated that the defendant "just kept driving" and went towards St. Augusta. C.L.S. stated that the defendant then started to get more physical and began to threaten her. C.L.S. stated that the defendant told her he wanted to "run me into a pole." C.L.S. stated that the defendant repeatedly punched and elbowed C.L.S. in the face, was "beating me up" and talking about "killing me" while he was driving the vehicle. The defendant told C.L.S. that he would bury her out in the "middle of nowhere." The defendant would not let C.L.S. have her phone to call her mom when she asked. The defendant told her that she did not need her phone. The defendant told C.L.S. that he loved her and they could work things out, but C.L.S. told him she was done because he hit her. The defendant refused to let C.L.S. out of the car as he drove near St. Augusta on roads with cornfields. The defendant told C.L.S. to "clean herself up" because her nose would not stop bleeding. C.L.S. stated that she tried to get out of the car as they were driving. C.L.S. pulled the "E brake" to try to stop the vehicle and flee. C.L.S. stated that the defendant "freaked out" and kept hitting her while driving. The defendant hit her in the back of the neck, pulled her head back, grabbed her arm, pushed and pulled her while C.L.S. was attempting to stop the vehicle. The defendant punched C.L.S. in the eye and she begged to get out of the car. The defendant finally stopped the car, and as C.L.S. began to get out the defendant started driving again and told her that she could "jump." The defendant said that he would push her out of the car and that he wanted to bury her in the ditch. C.L.S. tried to stop the car again and then the defendant started to hit her harder and "knocked me in my mouth," knocking out three of C.L.S.'s upper front teeth. C.L.S. spit out her teeth and was holding them with a closed fist. The defendant realized that C.L.S.'s mouth was bleeding and he started "panicking" and talking about committing suicide. C.L.S. showed the defendant her teeth in her hand and he "freaked out" even more, and then told C.L.S. that they should have "talked this out" and that they could have "gotten through this" as a couple. C.L.S. stated that she wanted to go to the Emergency Room but the defendant asked her what she was going to tell them about her teeth. The defendant drove around and tried to act "nice" to C.L.S. as 3

4 he talked about prison and suicide. The defendant then brought C.L.S. back to their residence in St. Cloud and told her to ice her face. The defendant left and then called her telling her that he loved her, wanted to work things out, and that he did not want it to be this way. The defendant did not release C.L.S. at a place where medical care was available. C.L.S. called her mother to bring her to the hospital. Officers spoke with C.L.S.'s mother, B.M.M., an adult female fully identified in police reports, who stated that she had responded to C.L.S.'s call for help.. B.M.M. stated that when she exited C.L.S.'s residence in the 2100 block of 8th Street North, in the City of St. Cloud, County of Stearns, State of Minnesota, en route to the hospital, she observed the defendant in a vehicle in a parking lot across the street. B.M.M. approached the defendant angry and hit him twice in the arm with a fist and told him she would make sure he went back to prison. B.M..M. stated that the defendant became angry and punched her in the face with his fist, exited his vehicle and yelled at her "come on, I'm ready." B.M.M. got in her vehicle and drove to the hospital. Officers observed and photographed swelling and a cut under B.M.M.'s eye. Officers observed and photographed C.L.S.'s injuries, including a swollen left eye and bruising, scrapes, and cuts throughout her face, as well as three missing teeth and large gaps where her three upper front teeth had been. C.L.S. signed a medical release form. St. Cloud Hospital doctors informed officers that they had determined that C.L.S. suffered a concussion. In addition, doctors stated that C.L.S. suffered an acute minimally displaced fracture in her anterior maxillary alveolar with three missing incisors. Doctors informed officers that C.L.S. would not be able to have her three front teeth placed back in her mouth due to the fracture, that her teeth were thus permanently damaged, and thus that C.L.S. would need to have dentures due to the damage. Officers attempted to locate the defendant at several residences but were unable to. On May 26th, dispatch received a telephone call from P.P.W., an adult female fully identified in police reports. P.P.W. stated that she had been contacted by the defendant and that the defendant had told her that he had "beat up his girlfriend and knocked her teeth out." P.P.W. stated that the defendant told her he was on the run and was headed to Montana. Officers later discovered the defendant hiding in a locked room in another female's residence in St. Cloud. When officers went to the bedroom door, the defendant was attempting to exit a back window. The defendant was arrested. Complainant has reason to believe and does believe that all of the above information is true and correct. The above facts constitute your complainant's basis for believing that, on or about the 25th day of May, 2014, in and around the Cities of St. Cloud and St. Augusta, County of Stearns, State of Minnesota, the above-named defendant committed the offenses described herein: 4

5 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 Ryne J Stegura Electronically Signed: Court Officer th Avenue N St. Cloud, MN /28/ :41 AM Subscribed and sworn to before the undersigned. Notary Public or Judicial Official Stacie Kern, Peace Officer License Number: , Morrison County, Minnesota. My license expires: 01/31/2015 Community Service Officer th Avenue N St. Cloud, MN Electronically Signed: 05/28/ :43 AM Being authorized to prosecute the offenses charged, I approve this complaint. Prosecuting Attorney Carl Ole Tvedten Assistant Stearns County Attorney 705 Courthouse Square St. Cloud, MN (320) Electronically Signed: 05/28/ :36 AM 5

6 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 725 Courthouse Square, St. Cloud, MN 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: May 28, Judicial Officer Kris H Davick-Halfen Stearns County District Court Judge Electronically Signed: 05/28/ :02 AM Sworn testimony has been given before the Judicial Officer by the following witnesses: State of Minnesota vs. Plaintiff Dale David Lott COUNTY OF STEARNS STATE OF MINNESOTA Defendant Clerk's Signature or File Stamp: RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this Order of Detention upon the Defendant herein named. Signature of Authorized Service Agent: 6