State of Minnesota County of Hennepin

District Court Fourth Judicial District

___________________________________________________________________________________________ CCT

LIST CHARGE STATUTE ONLY

MOC

GOC

1

624.713

W1643

N

CTY ATTY FILE NO.

CONTROLLING AGENCY

CONTROL NO

13-5939

MN0271100

13067872

COURT CASE NO.

Amended if more than 6 counts (see attached)

DATE FILED

Tab Charge Previously Filed

if Domestic Assault as defined by MS 518B01, sub2a,b

State of Minnesota, PLAINTIFF, VS. NAME: first, middle, last DASHAUNTA DMAR GOMEZ DEFENDANT,

SERIOUS FELONY FELONY GROSS MISDM DWI

SUMMONS WARRANT ORDER OF DETENTION

GROSS MISDM

EXTRADITION

Date of Birth 8/6/93

2305 MINNESOTA BLVD SE ST CLOUD, MN 56304

MNCIS #: LE#: SILS ID: TRACK ID:

27-CR13-21093 701793 2670154

___________________________________________________________________________________________

COMPLAINT 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, Christopher House, of the Minneapolis Police Department, has investigated the facts and circumstances of this offense and believes the following establishes probable cause: On or about March 7, 2013, Minneapolis police officers were attempting to execute arrest warrants for two males in connection with a string of armed robberies. Officers received information that one of the males had connections with a residence located in the 3300 block of Oliver Avenue North, Minneapolis, Hennepin County, Minnesota. Officers went to that address, and knocked on the door. DASHAUNTA DMAR GOMEZ, “Defendant” herein, answered the door. Defendant consented to officers entering the home. Defendant immediately sat on the sofa in the living room. Defendant appeared nervous, so officers asked to pat search him. Officers recovered a handgun under the cushions where Defendant had been sitting. Defendant admitted that he had been lying on the sofa before officers entered the home and that he slept on the sofa the previous night. The handgun was a semi-automatic pistol. The magazine was loaded and there was a round in the chamber. Forensic scientists swabbed the handgun for DNA. The DNA profile developed from the handgun contained a mixture of three or more individuals. A DNA analyst compared the handgun swabbing to a known DNA sample from Defendant. Defendant cannot be excluded as a possible contributor. 99.8 percent of the population can be excluded as a possible contributor. Defendant is prohibited from possessing a firearm. On April 17, 2012, Defendant was convicted of Riot in the First Degree (27-CR-11-15394), a felony crime of violence, stemming from the shooting death of an individual. FORM-J

REV. 12/95

Page

2

COMPLAINT SUPPLEMENT CCT

SECTION/Subdivision

M.O.C.

GOC

Defendant received a stayed prison sentence as part of that plea agreement, and was placed on probation. Defendant was on felony probation on March 7, 2013. On April 18, 2013, the Court revoked Defendant’s probation and executed Defendant’s stayed sentence on the First Degree Riot case. Defendant served time in the Department of Corrections, and is now on intensive supervised release.

OFFENSE

COUNT 1:

PROHIBITED PERSON IN POSSESSION OF A FIREARM (FELONY) MINN. STAT. § 624.713, SUBD. 1(2), 2(b); § 609.11 PENALTY: 5-15 YEARS AND/OR $30,000

That on or about March 7, 2013, in Hennepin County, Minnesota, DASHAUNTA DMAR GOMEZ possessed a firearm and DASHAUNTA DMAR GOMEZ has been convicted or adjudicated delinquent in this state or elsewhere of a crime of violence, Riot in the First Degree on April 17, 2012, for which the sentence or court supervision expired on or after August 1, 1993. 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:

Christopher House Being duly authorized to prosecute the offense(s) charged, I hereby approve this Complaint. PROSECUTING ATTORNEY’S SIGNATURE:

DATE:

August 12, 2013

cy

PROSECUTING ATTORNEY: NAME/TITLE:

VICKI VIAL TAYLOR (232233) Assistant County Attorney

ADDRESS/TELEPHONE:

C2100 Government Center, Minneapolis, MN 55487 Telephone: 612-348-2150

Page

3

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 abovenamed Defendant(s) continue to be detained pending further proceedings. Bail: $150,000 + CR Conditions of Release: No use of drugs/alcohol; Random Ua’s; No possession of weapons; No contact with known gang members and no contact with Markaylo Harris and Danny Mack This COMPLAINTWARRANT 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

STATE OF MINNESOTA Plaintiff vs. DASHAUNTA DMAR GOMEZ

Defendant(s).

Clerk's Signature or File Stamp:

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: