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Eric Kaprice Richard II Complaint

Eric Kaprice Richard II Complaint

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Published by amannix3112

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Published by: amannix3112 on Oct 05, 2012
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State of Minnesota District CourtCounty of Washington 10th Judicial District
CR-2012-1366Prosecutor File No. Court File No.
State of Minnesota, COMPLAINT
Plaintiff, Order of Detentionvs.
1335 Cottage DriveStillwater, MN 55082Defendant.The Complainant submits this complaint to the Court and states that there is probable cause to believeDefendant committed the following offense(s):
COUNT ICharge: Murder - 2nd Degree - Without Intent - While Committing a Felony
Minnesota Statute: 609.19.2(1), with reference to: 609.19.2(1)Maximum Sentence: 40 yearsOffense Level: FelonyOffense Date (on or about): 09/28/2012Control #(ICR#): 12208680Charge Description: without intent to effect the death of any person, cause the death of A.D.M. whilecommitting or attempting to commit the felony of assault in the first or third degree
COUNT IICharge: Manslaughter - 1st Degree - While Committing Gross Misdemeanor/Misdemeanor withViolence.
Minnesota Statute: 609.20(2), with reference to: 609.20Maximum Sentence: 15 years and $30,000Offense Level: FelonyOffense Date (on or about): 09/28/2012Control #(ICR#): 12208680Charge Description: cause of the death of A.D.M. while committing assault in the fifth degree
 The Complainant states that the following facts establish probable cause: Your complainant is a licensed peace officer employed by the Stillwater Police Department. Based on thereports relative to an incident that occurred on September 28, 2012, involving Eric Kaprice Richard II,DOB 06/12/1990, complainant offers the following statement to establish probable cause:On September 28, 2012, at or about 1:54 a.m., officers were dispatched to Smalley's Caribbean BBQlocated at 423 Main Street South, in the City of Stillwater, Washington County, Minnesota, on a report of an open 911 cell phone call coming from that location. Officers arrived at Smalley's and were approachedby an employee who reported that there was an injured and unconscious male inside who had beenpunched by another patron. Officers located the unconscious male, later identified as A.D.M. A maleattending to A.D.M. told officers that A.D.M. had been punched and then fell to the ground and was nowvomiting. As officers were clearing the bar area several persons approached and reported that they hadwitnessed the incident and that they knew the male who hit A.D.M. The make who hit A.D.M. wasidentified as ERIC KAPRICE RICHARD II, DOB 06/12/1990, the defendant herein. Bar staff reported thatthe defendant was a regular customer of the bar.Employees and patrons reported that A.D.M. and the defendant argued and that they both shoved eachother. Defendant was then observed punching A.D.M. with a closed fist in the face, knocking A.D.M. tothe ground. A.D.M. was knocked unconscious. The incident was captured on surveillance video. Thevideo showed that A.D.M. and the defendant were dancing on the dance floor and that it appeared that A.D.M. accidentally knocked the defendant's drink out of his hand. The two males appear to have aconversation and then they leave the stage/dance floor area. When they come back into camera rangethe defendant had another drink in his hand. Defendant and A.D.M. appear to be interacting in a friendlymanner, dancing together and speaking with other patrons on the dance floor. The two males again goout of camera range and a short time later the lights go up and people are observed leaving the bar. A.D.M. was observed just off screen to the left and is observed making a motion like he is pushingforward. Another male later identified as M.L.H. is then observed grabbing a hold of A.D.M.. M.L.H. thenwalked A.D.M. back into camera range. As M.L.H. is leading A.D.M. away the defendant rapidly comesinto camera range and is observed throwing punches at A.D.M. It appears that at least two punchesconnect with A.D.M. A.D.M. then fell backwards and his head strikes the floor or an object on the floor.Defendant was observed continuing forward toward A.D.M. until he was stopped by others in the area.M.L.H. later spoke with Sgt. Stender. He reported that A.D.M. had knocked the defendant's drink out of his hand and that A.D.M. had agreed to replace the drink. M.L.H. stated that the argument startedbecause A.D.M. then refused to pay for the drink. M.L.H, reported that A.D.M. and the defendant hadwords and that A.D.M. pushed the defendant. He stated that the defendant then punched A.D.M. in self defense causing A.D.M. to fall backward and hit his head. M.L.H. admitted that he was walking A.D.M.away from the defendant when the defendant came at A.D.M.Defendant was read the Miranda warning and agreed to speak about the incident. Defendant stated thathe was dancing and that A.D.M. knocked his drink out of his hand. He stated that A.D.M. told him that hewould pay for another drink, but when they went to the bar A.D.M. refused to pay for the drink. Defendantstated that he had words with A.D.M. and that A.D.M. pushed him at least four times. Defendant statedthat he felt he was being assaulted so he struck back in self defense and punched A.D.M. at least twice.He stated that A.D.M. then fell to the ground. Defendant stated that he was then removed by security andhe left. Defendant admitted that he knew A.D.M. was hurt because he saw that his eyes were rolled backup into his head.
 A.D.M. suffered serious injuries from the incident. A.D.M. was taken to Regions Hospital in St. Paulwhere he was diagnosed with a nose fracture, a right orbital fracture, several skull fractures, andintracranial bleeding causing respiratory failure. During the overnight hours on October 1, 2012, A.D.M.suffered a series of strokes. He was on a ventilator and his condition was critical with an uncertainprognosis. On October 4, 2012, A.D.M. died from the head injuries he sustained as a result of thisincident according to medical personnel at Regions Hospital.

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