State of Minnesota County of Hennepin

District Court Fourth Judicial District

___________________________________________________________________________________________ ___________________________________________________________________________________________ CCT

LIST CHARGE STATUTE ONLY

MOC

GOC

1 2 3 4

609.19 609.19 609.19 609.498

H2710 H2712 H2170 X1040

N A A N

CTY ATTY FILE NO.

CONTROLLING AGENCY

CONTROL NO

13-5915

MN0271100

13200905

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 MARLON RASHAAD ROBERTSON DEFENDANT,

SERIOUS FELONY FELONY GROSS MISDM DWI

SUMMONS WARRANT ORDER OF DETENTION

GROSS MISDM

EXTRADITION

Date of Birth 4/7/91

3223 INDIANA AVE N ROBBINSDALE, MN 55422

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

27-CR13-21238 695197 2670678

___________________________________________________________________________________________ ___________________________________________________________________________________________

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, Emily Dunphy, of the Minneapolis Police Department, has investigated the facts and circumstances of this offense and believes the following establishes probable cause: On or about June 24, 2013, shortly after 7:30 p.m., police responded to a report of a shooting in the 2100 block of West Broadway Avenue North, Minneapolis, Hennepin County, Minnesota. Responding officers saw a young adult male, lying motionless on the sidewalk in front of the Chicago Grill. The male was later identified as K.M.B., whose date of birth was 08/10/1991. Officers noted that K.M.B. had blood on his shirt, and was bleeding from his mouth. K.M.B. sustained multiple gunshot wounds to his body, including shots to his back, leg and buttocks. K.M.B. was transported to the hospital. K.M.B. died on July 6, 2013. The cause of K.M.B.’s death was multiple gunshot wounds he sustained on June 24th. His manner of death was homicide. Investigators interviewed numerous witnesses. Just prior to the shooting, K.M.B. and two other adult males were standing in close proximity to each other in the parking lot beside the Chicago Grill, located at 2118 West Broadway Avenue North. Those two males are identified herein as Victim 2 and Victim 3. An alley runs behind the parking lot of the Chicago Grill. Near that alley, there is a fenced in area, where dumpsters are located. There is a gap in that fencing. Investigators identified and interviewed a witness who observed a male walk into the area where the dumpsters are located. The witness then heard several gunshots. Immediately after the gunshots, the witness observed the same male walking back down the alley. As the male walked by after the shooting, the witness observed the male tucking something under his shirt. The witness FORM-J

REV. 12/95

Page MARLON RASHAAD ROBERTSON

2

CCN: 13200905

provided a detailed clothing and physical description of the male, including a distinctive description of the male’s footwear. Investigators learned that later in the day on June 24th, an individual identified as MARLON RASHAAD ROBERTSON, the Defendant herein, and another known adult male, sold a firearm to a group of males in an alley in Minneapolis. Police learned that when Defendant sold the gun, he exclaimed, “I just emptied it so I know it works!” Investigators learned that a few days later Defendant described the shooting in more detail. Defendant explained that he was shooting at Victim 2. Defendant further described that he shot at Victim 2 from behind a wooden fence near a gate. Crime scene technicians processed the scene of the shooting. They recovered eight discharged cartridge casings (dccs) from the area near the dumpsters. A ballistics expert examined the dccs and found matching features. The matching features indicate the dccs are consistent with having been fired in the same firearm. On July 16, 2013, investigators in St. Paul, MN recovered a firearm during an arrest of an individual. The dccs from the June 24th shooting of K.M.B. were compared with a test-fired cartridge from the recovered handgun. Examiners determined that the dccs from the scene were consistent with having been fired in the recovered firearm. Investigators learned that in April 2013, in Brooklyn Center, MN, numerous individuals associated with Defendant robbed Victim 2. The robbers are members of and/or associated with various criminal street gangs who are allied with one another. The robbers believed that Victim 2 cooperated with police on a prior investigation. Witnesses told investigators that the Taliban street gang has a “green light” on Victim 2, because they believe that Victim 2 cooperated with police. On July 31, 2013, investigators executed a search warrant at Defendant’s last known residence. There, police recovered the distinctive footwear described by the witness in the alley. In a post-Miranda interview, Defendant admitted that the distinctive footwear recovered in the search warrant belonged to him. Defendant admitted that he knows Victim 2, and that he believes Victim 2 is a snitch. Defendant admitted his gang affiliation and the gang affiliations of many other individuals. Defendant denied shooting at K.M.B., and claimed he couldn’t remember where he was the day that K.M.B. was shot. Defendant is also known by his street name, “Solo” and by a social media moniker, “Marly Snapback.” Investigators obtained and reviewed records from the social media website. The website contains numerous postings related to Victim 2, as well as the shooting of K.M.B. During the Miranda interview, Defendant admitted that the social media site belonged to him, and that he doesn’t allow anyone to post on his page.

Page MARLON RASHAAD ROBERTSON

COUNT 1:

CCN: 13200905

MURDER IN THE SECOND DEGREE (INTENTIONAL) (FELONY) MINN. STAT. § 609.19, SUBD 1(1); § 609.11 PENALTY: 3-40 YEARS

That on or about June 24, 2013, in Hennepin County, Minnesota, MARLON RASHAAD ROBERTSON, while using a firearm, caused the death of K.M.B., a human being, with intent to effect the death of that person or another, but without premeditation.

COUNT 2:

ATTEMPTED MURDER IN THE SECOND DEGREE (INTENTIONAL) (FELONY) MINN. STAT. § 609.19, SUBD 1(1); § 609.11; § 609.17 PENALTY: 3-20 YEARS

That on or about June 24, 2013, in Hennepin County, Minnesota, MARLON RASHAAD ROBERTSON, while using a firearm, attempted to cause the death of Victim 2, a human being, with intent to effect the death of that person or another, but without premeditation.

COUNT 3:

ATTEMPTED MURDER IN THE SECOND DEGREE (INTENTIONAL) (FELONY) MINN. STAT. § 609.19, SUBD 1(1); § 609.11; § 609.17 PENALTY: 3-20 YEARS

That on or about June 24, 2013, in Hennepin County, Minnesota, MARLON RASHAAD ROBERTSON, while using a firearm, attempted to cause the death of Victim 3, a human being, with intent to effect the death of that person or another, but without premeditation.

OFFENSE CONTINUES ON NEXT PAGE

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COMPLAINT SUPPLEMENT CCT

SECTION/Subdivision

M.O.C.

GOC

OFFENSE

COUNT 4:

AGGRAVATED TAMPERING WITH A WITNESS IN THE FIRST DEGREE MINN. STAT. § 609.498, SUBD. 1b(a)(1) PENALTY: 0-20 YEARS AND/OR $30,000

That on or about June 24, 2013 in Hennepin County, Minnesota, MARLON RASHAAD ROBERTSON, by means of an implicit or explicit credible threat, threatened to cause great bodily harm or death to Victim 2, a person who is or may become a witness, in the course of intentionally preventing or dissuading or attempting to prevent or dissuade Victim 2 from attending or testifying at a criminal trial or proceeding.

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:

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

DATE:

August 1, 2013

cy

PROSECUTING ATTORNEY: NAME/TITLE:

ANDREW M. LEFEVOUR by VVT (190032) Assistant County Attorney

ADDRESS/TELEPHONE:

C2100 Government Center, Minneapolis, MN 55487 Telephone: 612-348-4056

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5

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: $ 1,5000,000.00 + CR Conditions of Release: No contact with victim(s); No contact with witness(es); No contact with address of the offense or home/work of victim(s) and witness(es); No use of drugs/alcohol; Random Ua’s; No possession of weapons; Make all appearances; Remain law abiding; No contact with known gang members 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

Clerk's Signature or File Stamp:

STATE OF MINNESOTA Plaintiff vs. MARLON RASHAAD ROBERTSON

Defendant(s).

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: