COURT FILE NO. PROSECUTOR FILE NO State of Minnesota, Plaintiff, Order of Detention

Transcription

1 Page 1 of 6 STATE OF MINNESOTA COUNTY OF WRIGHT State of Minnesota, Plaintiff, DISTRICT COURT TENTH JUDICIAL DISTRICT COURT FILE NO. PROSECUTOR FILE NO v. Loren Duane Ernst (DOB: 1/10/1939) 2926 EagleDrive Moorhead, MN Defendant. Summons Order of Detention Amended Tab Charge Previously Filed Warrant The Complainant, being duly sworn, makes complaint to the above-named Court and states that there is probable cause to believe that the Defendant, on April 5, 2008, committed the following offense(s): COUNT I Charge: Criminal Vehicular Homicide - Operate Motor Vehicle in Grossly Negligent Manner Minnesota Statute: ,1(1), , 1a(a) Maximum Sentence: Ten years, $20,000 or both In that the defendant, Loren Duane Ernst, wrongfully and unlawfully did cause the death of another while operating a motor vehicle in a grossly negligent manner, to-wit: Jessica Weishair. COUNT II Charge: Criminal Vehicular Injury - Substantial Bodily Harm - Gross Negligence Minnesota Statute: ,1(1), , 1a(c) Maximum Sentence: Three years, $10,000 or both In that the defendant, Loren Duane Ernst, wrongfully and unlawfully did cause substantial bodily harm to another while operating a motor vehicle in a grossly negligent manner, to-wit: Amy Davenport, Haley Hoyer, Stephanie Torkildson, Stephen Kunz, Hannah Klovstad, Ashley Morgan and Adam Satterlie. COUNT III Charge: Criminal Vehicular Operation-Bodily harm-gross Negligence Minnesota Statute: ,1(1), , 1a(d) Maximum Sentence: One year, $3,000 or both In that the defendant, Loren Duane Ernst, wrongfully and unlawfully did cause bodily harm to another while operating a motor vehicle in a grossly negligent manner, to-wit: Derik Benhardus, Britta Cowie, Josephine Soberg, Brittany Honrud, Ryan Morgan, Maria Kunz, Amanda Larson, Andrew Mackner, Nichole Shulstad, Jordan Severson, Sarah Dutcher, Dustin Ditch, Brian Duler, Hannah Hill, Amy Field, Ann Ouren, Michael Strand, Alyssa Colosky, Melissa Curfman, Jenna Bakken, Kendra Coleman, Daniel Ditch, Michaela Gray, Kayla Keller, Jan-Erik Lindberg, Spencer Lindahl, Abby Westby, Katie Rotvold and Jordan Zierke.

2 Page 2 of 6 STATEMENT OF PROBABLE CAUSE The Complainant states that the following facts establish probable cause: Complainant states he is a Trooper with the Minnesota Highway Patrol, and makes this Complaint based upon information and reports from other law enforcement officers, all of whom your complainant believes to be reliable. Based upon said information and reports, your complainant states that on April 1, 2008, members of the Pelican Rapids High School Band participated in a trip to Chicago, Illinois. The participants in the trip were scheduled to return to Pelican Rapids on April 5, The participants in the trip were transported in two charter buses owned by Richards Transportation Services, Incorporated, hereinafter Richards. Four drivers, employed by Richards, were involved with driving the charter buses to Chicago, in and around Chicago for activities included in the trip, and back to Pelican Rapids. Loren Duane Ernst, DOB , hereinafter defendant Ernst, was one of the drivers. The defendant was assigned to drive one of the charter buses on the return trip from Chicago to Pelican Rapids. The two buses traveled in tandem. The bus driven by the defendant was the lead bus with the second bus following. The second bus was driven by Jake Blotsky. On April 5, 2008, at approximately 5:48 a.m., the defendant was driving the bus westbound on I-94 at County Road 37 in Albertville, Wright County, Minnesota. There were 48 passengers on the bus driven by the defendant. Just north of the County Road 37 Bridge, I-94 curves to the left. The defendant failed to negotiate the turn and drove off the roadway. The defendant drove off the right shoulder and into the ditch. An investigation by the Minnesota State Patrol demonstrated that the defendant attempted to steer back toward I-94 but the bus struck the entrance ramp from County Road 37 to I-94 westbound. When the defendant struck the entrance ramp, he caused the bus to roll over onto its right side. The bus skidded on its side for some distance before coming to rest on its right side. The Minnesota State Patrol investigation revealed that the defendant was traveling at or near the posted speed limit of 70 miles per hour when the bus left the roadway. After completing its investigation, the Minnesota State Patrol determined that the defendant caused the bus crash by operating his bus in a grossly negligent manner. This determination is based on several factors discovered as part of the investigation into the crash. 1. The defendant was driving a charter bus and was carrying 48 passengers at the time of the crash. The defendant was acting as a common carrier. As a common carrier a special relationship existed between the defendant and the passengers on the bus. The defendant had a legal duty to act for the protection of his passengers. 2. On April 4, 2008, at 7:00 p.m., the defendant left the hotel where he was staying to pick up his passengers, who were attending a concert, for the return trip to Pelican Rapids. The trip to Pelican Rapids began at approximately 10:00 p.m., after the concert ended and the passengers boarded the bus. The crash occurred just before 6:00 a.m. on April 5, The defendant was behind the wheel of the bus for approximately eight hours and was on duty for eleven hours with the inclusion of the three hours from when the defendant left the hotel until the departure of the bus. 3. In the twenty-four hours that preceded the crash, the defendant had slept for only 2 ½ to 3 hours. 4. During the time the defendant was driving through Wisconsin on I-94, he exhibited some poor driving conduct. On at least two occasions, the defendant caused his bus to drift to the right crossing over the fog line. Jake Blotsky observed this poor driving conduct. Both buses pulled over at a rest stop in Menomonie, Wisconsin. The defendant and Jake Blotsky had a conversation at the rest stop. In that conversation, the defendant acknowledged his poor driving. In that conversation, the defendant admitted he was tired. The defendant asked Mr. Blotsky if he had seen him drifting. When Mr. Blotsky said he had, the defendant said something to the effect of damn I m getting tired. The defendant left the rest stop at approximately 4:15 a.m., less than two hours

3 Page 3 of 6 before the crash. Warning signs were present that the defendant was fatigued. Warning signs were present that the defendant s fatigue was causing him to drive poorly. 5. In a statement to the Minnesota Highway Patrol, the defendant said he normally goes to bed at 9:00 p.m. or 9:30 p.m. 6. The defendant began employment as a charter bus driver in January Prior to this trip, the defendant had never driven through the night on any charter trips. 7. Despite being tired and driving poorly because of his fatigue, the defendant chose to continue driving disregarding the duty he owed to his passengers. 8. Under federal regulations and Minnesota law, a driver is prohibited from operating a commercial vehicle while the driver s ability or alertness is so impaired, or so likely to become impaired, through fatigue as to make it unsafe for him to continue to operate the commercial motor vehicle. This impairment because of fatigue places a driver out-of-service for ten hours. The defendant s driving conduct was impaired by fatigue as acknowledged by the defendant in his statements to Jake Blotsky. Despite this acknowledgment, the defendant did not take himself out-of-service, but instead continued to drive. 9. The Minnesota State Patrol s investigation revealed that there were no mechanical difficulties with the bus that contributed to the crash. 10. The defendant admitted it was possible that he could have dozed off at the time of the crash. 11. The Minnesota State Patrol determined the defendant was fatigued to the extent that he fell asleep as his bus traveled on I-94 at County Road 37 causing his bus to leave the roadway and crash into the ditch. As a result of the crash, Jessica Weishair was partially ejected from the bus and was pinned underneath the bus causing her death. As a result of the crash, the following passengers sustained substantial bodily harm: Amy Davenport with a fracture of her lumbar vertebrae at the L-2 level; Haley Hoyer with a fractured nose and ankle; Stephanie Torkildson with a fractured vertebrae; Stephen Kunz with a fractured rib; Hannah Klovstad with five fractured ribs, a punctured lung, a lacerated spleen, and facial lacerations; Ashley Morgan with a fractured pelvis and hip; and Adam Satterlie with a puncture wound to his lower back requiring stitches and a scraped elbow. As a result of the crash, the following passengers sustained bodily harm: Derick Benhardus with scrapes to his left knee; Britta Cowie with bruising to her lower back, right leg and right ear; Josephine Soberg with a sprained wrist, mild concussion and scratch to her cornea; Brittany Honrud with a sore back; Ryan Morgan with a back injury; Maria Kunz with headaches and neck pain; Amanda Larson with facial scratches and back bruising; Andrew Mackner with minor bumps and bruising and a minor concussion; Nichole Shulstad with lower back pain; Jordan Severson with bruising and sore neck; Sarah Dutcher with a concussion, bumps and bruises, and a sore ankle; Dustin Ditch with a concussion; Brian Duler with a scrape on his right knee; Hannah Hill with an ankle injury, scrapes on her arm and lower back pain; Amy Field with a cut on her thumb; Ann Ouren with a concussion, scrapes and bruising, headaches and dizziness; Michael Strand with a scrape on his back and a sore neck; Alyssa Colosky with a bruise on her thigh; Melissa Curfman with bruising to multiple areas of her body; Jenna Bakken with a bruise on her knee; Kendra Coleman with a scratch on her arm; Daniel Ditch with scratches; Michaela Gray with a bruise to her side and back, and neck and shoulder pain; Kayla Keller with a bump on her forehead, a bloody nose, lower back pain, and neck pain; Jan-Erik Lindberg with a cut on her left hand; Spencer Lindahl with a torn muscle in his lower back; Abby Westby with bruising to her left side, knee, elbow and rib; Katie Rotvold with bumps and bruises; and Jordan Zierke with a bruised hip and ribs.

4 Page 4 of 6 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: Subscribed and sworn to before the undersigned this day of, 20. NAME/TITLE: SIGNATURE: A.B. Peace Officer License Number Wright County, Minnesota. My License expires June 30, Being authorized to prosecute the offenses charged, I approve this complaint. Date: June 19, 2008 PROSECUTING ATTORNEY S SIGNATURE: Name: Brian A. Lutes Assistant County Attorney 10 Second Street NW Buffalo, MN Telephone: (763) Attorney Registration No

5 Page 5 of 6 FINDINGS 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. The Defendant is therefore charged with the above-stated offense. SUMMONS THEREFORE YOU, THE ABOVE-NAMED DEFENDANT, ARE HEREBY SUMMONED to appear on the day of, 200 at AM before the above-named court at 10 Second Street NW, Buffalo, Minnesota, 55313, 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 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 thereafter 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 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: $ Conditions of Release: This complaint, duly subscribed and sworn to, is issued by the undersigned Judicial Officer this day of, 20. JUDICIAL OFFICER: NAME: TITLE: SIGNATURE: Sworn testimony has been given before the Judicial Officer by the following witnesses: COUNTY OF WRIGHT STATE OF MINNESOTA Clerk s Signature or File Stamp: STATE OF MINNESOTA Loren Duane Ernst vs. Plaintiff, Defendant. RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this Complaint Summons upon the Defendant herein named. Signature of Authorized Service Agent:

6 DEFENDANT NAME: Page 6 of 6 DEFENDANT DATA / CHARGE SHEET - ATTACHMENT A Loren Duane Ernst Sex: m Race: Height: Weight: Hair: Eyes: Defendant Alias Name(s): Defendant DOB: 1/10/1939 Alias DOB(s): Defendant Last Known Address: State ID: 2926 EagleDrive Moorhead, MN OTHER DEFENDANT /CASE IDENTIFIERS: Fingerprinted? No Yes Handgun permit? No Yes (Issuing Agency: ) Location of Violation: Albertville IF DRIVING OFFENSE: Driver s License Number: X License Plate Number: PRY0793 Issuing State: MN Issuing State: MN Accident Type: No injury/no damage Property damage check all that apply Personal injury Fatality Alcohol Concentration: Ct No Statute Type 1 Charge: ,1(1) Penalty: ,1a(a) 2 Charge: ,1(1) Penalty: ,1a(c) 3 Charge: ,1(1) Penalty: ,1(d) STATUTE AND OFFENSE GRID Offense Date(s) Statute Numbers and Text Description 4/5/ ,1(1), , 1a(a) Criminal Vehicular Homicide - Operate Motor Vehicle in Grossly Negligent Manner 4/5/ ,1(1), , 1a(c) Criminal Vehicular Injury - Substantial Bodily Harm - Gross Negligence 4/5/ ,1(1), , 1a(d) Criminal Vehicular Operation-Bodily harm-gross Negligence Offense Controlling Control Level MOC GOC Agencies Number(s) F J1A1C N MHP F J1A3C N MHP GM J2A5C N MHP