State of Minnesota County of Washington
District Court 10th Judicial District Prosecutor File No. Court File No.
State of Minnesota,
CR-2016-414 82-CR-16-3115
COMPLAINT
Plaintiff,
Warrant
vs. TIMOTHY JOSEPH PIERRE DOB: 06/01/1970 6123 48th Street Oakdale, MN 55128 Defendant. 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: Criminal Sexual Cond-1st Degree-Penetration or Contact with Person Under 13-Actor greater than36m older Minnesota Statute: 609.342.1(a), with reference to: 609.342.2(b) Maximum Sentence: 30 years and $40,000 Offense Level: Felony Offense Date (on or about): 02/18/2016 Control #(ICR#): 16013340 Charge Description: engage in sexual penetration with another person under the age of 13, to wit: J.N.V., DOB 08/23/2006, said defendant being more than 36 months older than the victim COUNT II Charge: Criminal Sexual Cond-1st Degree-Penetration or Contact with Person Under 13-Actor greater than36m older Minnesota Statute: 609.342.1(a), with reference to: 609.342.2(b) Maximum Sentence: 30 years and $40,000 Offense Level: Felony Offense Date (on or about): 02/18/2016 Control #(ICR#): 16013340 Charge Description: engage in sexual penetration with another person under the age of 13, to wit: J.R.K., DOB 08/25/2008, said defendant being more than 36 months older than the victim
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STATEMENT OF PROBABLE CAUSE The Complainant states that the following facts establish probable cause:
Your complainant is a licensed peace officer for the State of Minnesota and is employed by the Oakdale Police Department. In that capacity and after review of the reports, your complainant states the following to establish probable cause:
On February 18, 2016, S.M.K., dob 07/19/1981 contacted Oakdale Police to report her two daughters, nine year old J.N.V., dob 08/23/2006, and seven year old J.R.K., dob 08/25/2008 had been sexual assaulted on multiple occasions by their babysitter, TIMOTHY JOSEPH PIERRE, dob 06/01/1970, the defendant herein. S.M.K. stated that PIERRE is a friend of the family and PIERRE resides at a residence on 48th Street North in the City of Oakdale, Washington County. S.M.K. stated that PIERRE has been watching the girls for approximately 4 years, and they would spend approximately every other weekend at his residence in Oakdale. S.M.K. stated that she is a single mother and need assistance watching the children while she was at work. S.M.K. stated that PIERRE would watch the girls for free. S.M.K. stated that the girls told her that PIERRE had touched them in their vaginal areas and pinched their buttocks. They further informed S.M.K. that PIERRE has kissed them and used his tongue.
On February 19, 2016, J.N.V. and S.M.K. were seen at Minnesota Children's Resource Center (MCRC). During the interview of nine year old J.N.V., she disclosed that on multiple occasions PIERRE would rub his hand on her leg near her genitals over her clothes. J.N.V. further stated that PIERRE would insert his fingers into her vagina and would lick her vagina. J.N.V. stated that on at least one occasion PIERRE tried to make J.N.V. touch his testicles. J.N.V. stated that the assaults started when she was 8 years old and would occur at PIERRE's residence in Oakdale. J.N.V. also stated that PIERRE would take pictures of them in their bathing suits and that she had been exposed to pornography on PIERRE's computer.
Seven year old J.R.K. was also interviewed and did not initially disclose any abuse, however when asked about what occurred at PIERRE's house or about touches she had received, J.R.K. often responded by saying she did not remember.
On February 22, 2016, law enforcement received a phone call from S.M.K. who stated J.R.K. had told S.M.K. that she (J.R.K.) had lied to the women at MCRC. A second interview of J.R.K. was completed at MCRC. During the interview J.R.K. stated that PIERRE touches her vagina when she is in PIERRE's bed. J.R.K. stated that PIERRE would also lick his fingers and put his hands inside of her pants/underwear and rub his fingers on her vagina. J.R.K. stated this happened about 80 times and that PIERRE would do the same thing to J.N.V.
Law enforcement met with PIERRE at his residence and he agreed to speak with them. PIERRE denied any sexual contact with J.N.V. and J.R.K. but did confirm that he babysits the girls and that they do stay overnight at his house on occasion. PIERRE stated that there has been times when J.R.K. had been in his bed during the night and referred to J.R.K. as his "cuddle buddy." PIERRE stated that there was one occasion where J.R.K. walked in on him in the bathroom and saw his penis. 2
Law enforcement also interviewed S.M.K.'s boyfriend, D.T.B., dob 11/28/1976. D.T.B. informed law enforcement that he recalled an occasion where S.M.K. and the children were staying at his residence in St. Paul. PIERRE also ended up staying overnight at his house. D.T.B. stated that he awoke in the middle of the night and found PIERRE "spooning" J.R.K. in her bed.
Search warrants were drafted to seize and search PIERRE's computers, cameras and electronic storage devices. During a search of the PIERRE's homemade computer tower - which contained numerous hard drives - images of child pornography were discovered. Most of the images were of young girls between the approximate ages of 8 and 16. PIERRE denied downloading any of the images of child pornography and stated that J.N.V. and J.R.K. may have downloaded the images.
The State seeks a complainant warrant due to the severity of the offense and the on-going nature of the offense.
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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 declares under penalty of perjury that everything stated in this document is true and correct. Minn. Stat. § 358.116; Minn. R. Crim. P. 2.01, subds. 1, 2. Complainant
Barry Smith 1584 Hadley Avenue N Oakdale, MN 55128
Electronically Signed: 07/28/2016 03:55 PM Washington County, Minnesota
Being authorized to prosecute the offenses charged, I approve this complaint. Prosecuting Attorney Jessica L. Stott PO Box 6 15015 62nd Street North Stillwater, MN 55082 (651) 430-6115
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Electronically Signed: 07/28/2016 03:03 PM
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 14949 62nd Street N PO Box 3802, Stillwater, MN 55082-3802 to answer this complaint. IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued.
X 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. X
Execute in MN Only
Execute Nationwide
Execute in Border States
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, duly subscribed and sworn to or signed under penalty of perjury, is issued by the undersigned Judicial Officer as of the following date: July 29, 2016. Judicial Officer
Ellen Louise Maas District Court Judge
Electronically Signed: 07/29/2016 09:30 AM
Sworn testimony has been given before the Judicial Officer by the following witnesses: COUNTY OF WASHINGTON STATE OF MINNESOTA
State of Minnesota LAW ENFORCEMENT OFFICER RETURN OF SERVICE
Plaintiff
I hereby Certify and Return that I have served a copy of this Warrant upon the Defendant herein named.
vs.
Signature of Authorized Service Agent:
Timothy Joseph Pierre Defendant
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