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Police complaint: Kao Chongsua Xiong

Police complaint: Kao Chongsua Xiong

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Police complaint: Kao Chongsua Xiong
Police complaint: Kao Chongsua Xiong

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Published by: Minnesota Public Radio on Dec 27, 2012
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12/27/2012

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Je
ofMinnesota
unty
of
Hennepin
Itul^
urt
"/\-
District
Co
FourthJudicial
District
GOC
NN
JCT
I
2
LIST CHARCESTATUTEONLY
609.205609.378
MOC
H5914
IlTO2
CTY
ATTY
FILENO.
12-6886
COURTCASENO.
Date
of
Birth
10t15/81
CONTROLLTNG
AGENCY
MN0271100
CONTROL
NO
12374727
SUMMONSWARRANT
ORDER OF DETENTION
EXTRADITION
[
/ifmore
than6counts
(see
attached)
E
/ifDomestic
Assault
as
defined by
MS
5
l8B0l,
sub2a,b
State
of Minnesota,
PLAINTIFF,
VS.
NAME:
first,
middle,
last
KAO
CHONGSUA
XIONGDEFENDANT,
1617
HILLSIDE
AVE
MINNEAPOLIS,
MN
55454
DATEFILED
I
Amended
I
faU
Charge
Previously Filed
X
spruous
FELoNY
I
ppr-oNy
n
cnoss
MrsDM
DWr
I
cnoss
MrsDM
n
X
trtr
MNCIS
#:
27-CR-
LE#:
12-28490
SILS
ID:
734999
TRACK
ID:
2619855
COMPLAINT
The
Complainant,
beingduly sworn,
makes
complaintto
the above-named
Court
andstates
that there
is
probable
cause
to believe
that
theDefendantcommitted
thefollowing
ffinse(s).
The
complainant
states
that
thefollowingfacts
establish
PROBABLE
CAUSE;
Complainant,
Tammy Diedrich,of
the
Minneapolis
Police Department,
has
investigatedthefacts
and
circumstances
rf
this offense
and
believes
the
following
establishes
probable
cause:
Jn
Decemb
er
5,2}l2,police
and
paramedicswent
to
iFtA7
7th
Street
South
in Minneapolis,
HennepinCounty,Minnesota,
on
a
callof
a
shooting.
Paramedics
performed
CPRon
the shooting
victim,
two-year-old
N.X.,
d.o.b.
)l-12-10,
but
he
died
at
thescene.Insidethe home,
police
met
a
known
adult female,
M.V.
and
defendant
KAOIHONGSUA
XIONG
who
are
N.X.'s
parents.
M.V.
and the
defendant directed
policeto
a
handgun
in
a
holster;ittingon
a
windowsill
in
the
entryway.
lhe
defendant
toldpolice
that heand
his
wife
had beenon the
first
floor
of
the
home
getting
ready
for
lunchwhen
heyheard
a
gunshot.
He
went
upstairs
and
found
N.X.
onthe
bed
with
a
gunshot
wound.
Hir
four-y.ar-old
son,
(.X.
wasunder
the
bed.
The
defendant
tried to
help
N:X.
and
they
called
911.
ihe defendant
said
N.X.
was shot
with
his handgun
which
was
wedged
between
the
mattressand
pillows
of
the
bed
n
the master
bedroom.
The
defendant
said
a
five-year-old
son
was at
kindergarten
at the
time of
theshooting
and
a
rne-year-oldson
was
asleep
on
the
floor
in
the
children's bedroom.The
defendant said
X.X.
shot
N.X.
Police
bund
the
bullet
across
the
master
bedroom
in
a
closet.
RM-J
REV.
l2195
 
PageKAO
CHONGSUA
XIONG
(CCN
12374727)
Police
took
the
firearm
used
in
the
shooting
and
found it to
be
a7.62x25
calibersemi-automatic
pistol.
Themagazine
in
the
gunhad
7
live
cartridges
andthe
extra
magazine
in
the holster
had 8
live cartridges.
Testing
laterrevealed
that
the
firearm
functions
normally,
but
thesafety(i.e.,thesafety
assemblyand
safety
fixing
screws)were
missing.Police
searched
thehome
and
in addition to
the
gun
used
in
the
shooting, theyfoundthe
following:
1.
One
7
.62
mm
semi-automatic
pistol
located
in
a
case
in
a
kitchen cabineton top
ofdrinking
glasses.
Records show
that
this
gunwas
reported stolen
from
a
north
Minneapolis
residenceconnected
with
the
defendant
in
2010.
In
2011, the
gunwasused
in
an armed
robbery
in
Minneapolis.
In
2012,
the
gun
was
retumed
toits
owner,
a
person
other than
the
defendant;
2.
Two
9mm
semi-automaticpistols;
3.
One
7mmbolt
action
rifle;
4.
One
.30
caliber
semi-automatic
rifle;
5.
One
bolt
action
rifle;
6.
One .22
caliberbolt
action
rifle.
These
firearms werefound
in
various locations
in
the two-bedroomhome,
includingin
taped boxes
in
a
laundry
basketon a
closet
floor,
in
a
cabinet,
in
a
duffel
bag
also
containing
diapers
on
a
closet
floor,
and
in
a
closet
on
the
main
floor.
Some
of
the
gunsweresecured
in
cases,
some were
not.Police
also
foundholsters
and
a
significant
amount
ofammunition,including
but not
limitedto
7mm
rifle
rounds,
"ultra-mag azifies,"
ammunitionfor
a
.22,9mmamniunition,
and
30 carbine
live
rounds
in
a
baggie.
X.X.
was
interviewed
at CornerHouseand
said
thathis
daddv
has
big
gunsand
small
gunsandshoots
deer.
He
saidthat he has
seen
the
guns
and
knows they
are
in the
closet.X.X.
said
his
daddy
hid the
little
gun
on
the
big
bed.
The
medical examiner
determined that
N.X.
died
from
a
gunshot
wound.
In
a
non-custodial
interview,
the defendant
said
his
wife
and
children
live
at
the
address
wherethe shooting
occurred,
but
he residesat
a
differentMinneapolis
address
with
his
brothers.
He saidhe stayed at
his
wife's
house
the
night before theshooting
and
brought
thegunused
in theshooting
with
himin
his
holster.
He
saidhe
tucked
it
under
his
shirt
so
his children
wouldnot
see
it.
He
said
his children
had never
seen
this
gun.
The
defendantproduced
his
permitto
carry the
firearm.
He
said
that
he
couldnot takehis
gun
to work
at
a
mental health
clinic,
so
he
tucked
it
into
the
bed.
He
said
he
neverputthe
gunthere
before.He
said
that hecame
home
fromwork
for
lunch
and
thentheshooting
occurred.The
defendant
saidhepurchased
thatparticulargun
online
and
it
was
shipped to
the
dealer.
He
said
the
gun
held
9
bullets
with
one
in
the
chamber.
Afterlocating
the otherfirearms,
police
spoke
tothe defendant agatn.He admittedhaving 7
guns.
He admitted
lhat
he
keptthemin thelaundry
basketand
closets.
He
said some
were
in
cases
andnone
were
loaded.
TheJefendant saidhe hadthe
firearms
for
hunting.
Police
interviewed
M.V.,
who
stated
that the defendant
had
not
spent the
preceding
night
ather
house.
She said
he
rrived
for
lunch
and
the shooting
happened soon
after.M.V.
said
that the
defendant
regularly
stored
the
gun
between
the
bed
and
the mattress.
She
saidthere
were no other
guns
in
the
house.
Ihe
defendantis not
in
custody.
 
Page
COMPLAINTSUPPLEMENT
CCTSECTION/SubdivisionM.O.C.
GOC
OFFENSE
3UNT
1:
MANSLAUGHTERINTHE
SECOND
DEGREE
(FELONY)
MINN.
STAT.
$
609.20s(s)
PENALTY:
0-10
YEARS
AND/OR
$20,000rat
onor about.Decernber
5,2l7z,Minneapolis,
in
Hennepin
County,
Minnesota,
KAO
CHONGSUA
XIONG,
.used
the
death
of
N.X.
by
committing
or attemptingto
commit
a
violation
of
$
609.378neglect
or
endangerment
of
;hild.
f,llNT
2:
ENDANGERMENT
OF
A
CHILD
(FELONY)
MINN.
STAT.
S
609'378,SUBD
1(c)
PENALTY:
0-5
YEARSAND/OR
$10,000
raton or
aboutDecernber
5,2}Iz,Minneapolis,
in
Hennepin
County,
Minnesota,
KAO
CHONGSUA
XIONG
tentionally
or
recklessly
caused
N.x.,
born01/1212010,u
tmta
underfourteen(14),to
be
placed
in
a
situation
likely
substantiallyharm thechild's
physical
health
or
cause
the
child's
death
asa
result
of
the
child's
access
to
aloaded.earmand
the
endangerment
reiultedin
substantial
harm
to
the
child's
physical
health.
NOTICE:
you
must
appear
for
every
courthearing
on
thischarge.A
failure
to
appear
for
court
on
this
charge
is a
criminal
dffense
andmay
be
punished
as
providedin
Minn.
Stat.
$
609.49.
t,
subject
tobail
or
conditions
ofrelease
be:
arrested
or
thatother
lawful
stepsbe taken
to
obtaindefendant'soppearance
incourt;
ort)
7)
authorized
to
DATE:
t^
-)-+
-
|
PROSECUTINGATTORNEY:
NAME/TITLE;
AMY
E.
SWEASY
(26fiax)
PNOSECUTTNG
ATTORNEY'
S
SIGNATURE:ADDRESS/TELEPHONH
C2100
Government
Center,
Minneapolis,
MN
55487
Assistant
C
nez
612-348-6552

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