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Yia Her Criminal Complaint

Yia Her Criminal Complaint

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Yia Her Criminal Complaint
Yia Her Criminal Complaint

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Published by: Minnesota Public Radio on Jun 11, 2013
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Yia Her
Co. Atty. Complaint No.:
2122307
-
1
Court File No.:
*2122307-1*
 
Page: 1 of 10V. 8/07
 STATE OF MINNESOTACOUNTY OF RAMSEYDISTRICT COURTSECOND JUDICIAL DISTRICTCOURT FILE NO.: _____________ PROSECUTOR FILE NO.:
2122307
 
State of Minnesota,
 
Plaintiff,
 v.
Yia Her(DOB: 01/08/1987)
 
1349 Gentry Ave. North
 
Oakdale
,
MN
 
55128
,
FELONYCRIMINAL COMPLAINTSummons WarrantOrder of DetentionAmendedCertified JuvenileEJJ
 
Defendant.
 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):
COUNT 1
 On or about the 9th day of June, 2013, in Ramsey County, Minnesota, the defendant,
YIA HER 
, aiding andabetting and being aided and abetted by another, did unlawfully cause the death of Vone Xweet Moua (DOB11/24/67) with intent to effect the death of Vone Moua, and possessed or used a firearm.Said acts constituting the offense of 
Murder in the Second Degree
in violation of MN Statute: §609.19.1(1);609.11.5(a); 609.05.1Maximum Sentence: 40 years
COUNT 2
 On or about the 9th day of June, 2013, in Ramsey County, Minnesota, the defendant,
YIA HER 
, aiding andabetting and being aided and abetted by another, did unlawfully attempt to cause the death of B. V-S-T. (DOB11/28/82) with intent to effect the death of B. V-S-T., and possessed or used a firearm.Said acts constituting the offense of 
Attempted Murder in the Second Degree
in violation of MN Statute:§609.19.1(1); 609.11.5(a); 609.05.1; 609.17.1Maximum Sentence: 20 years
 
Yia Her
Co. Atty. Complaint No.:
2122307
-
1
Court File No.:
*2122307-1*
 
Page: 2 of 10V. 8/07
 
COUNT 3
 On or about the 9th day of June, 2013, in Ramsey County, Minnesota, the defendant,
YIA HER 
, aiding andabetting and being aided and abetted by another, did unlawfully attempt to cause the death of S.V. (DOB12/28/75) with intent to effect the death of S.V., and possessed or used a firearm.Said acts constituting the offense of 
Attempted Murder in the Second Degree
in violation of MN Statute:§609.19.1(1); 609.11.5(a); 609.05.1; 609.17.1Maximum Sentence: 20 years
 
Yia Her
Co. Atty. Complaint No.:
2122307
-
1
Court File No.:
*2122307-1*
 
Page: 3 of 10V. 8/07
 
STATEMENT OF PROBABLE CAUSE
 The Complainant states that the following facts establish probable cause:On June 9, 2013, Vone Moua (DOB: 11-24-1967) was working at the bar he and his wife, M.M., owned
 — Malina’s Sports Bar located at 691 North Dale Street, Saint Paul, Ramsey County. At approximately 2:15 a.m.,
employees told two Asian males who were playing pool that they had to leave because the bar was closed.Twice that evening a waitress had run a credit card owned by one of the men for drinks
 — 
his first name wasYia. Yia was described as 25-years-old, betwe
en 5’3” to 5’6”, 135 – 
150 pounds, and wearing a white shirt and blue jeans or black shorts.Yia complained to Moua that he had paid to play at the table, and Moua told Yia that the bar was closed. Mouatold Yia that he would play him in a game of pool
 — 
if Yia won, he could play for two hours, but if Moua wonYia had to leave. Yia became angry and made a phone call that was overheard by SV (DOB: 12-28-1975) whoworks at the bar as a disc jockey. Yia asked the person on the other end of the phone call where they were andhe asked them to come inside the bar. Yia left the bar without taking Moua up on his offer. A short time later Yia pounded on and kicked the front door which had been locked for closing time.Moua gave a waitress permission to open the door and Yia re-entered with a man who had been in the bar earlier with Yia. The second man was 25-years-
old, 5’3” – 
 
5’6”, 135 – 
150 pounds, with longer, black hair, andacne. The man wore jeans, a blue button-up shirt, and had a red bandana wrapped around his right wrist. Moualeft the bar area and approached Yia and they had a discussion about the pool table, time, and money. Mouaand Yia began to push each other. Moua and other bar employees and customers pushed Yia towards the door.S.V. walked over to help and saw the second man reach out towards Moua with something metal in his hand.S.V. initially thought the object could have been a knife but he heard a gunshot. The shooter then turned thegun towards S.V. who instinctually grabbed it. The
gun fired and the back of S.V.’s neck was grazed by a
 bullet.B.V-S-T. (DOB: 11-28-1982) was at the bar in order to help his friend, Moua, close up. B.V-S-T. saw aconfrontation at the doorway. One of the men who had argued about the time they had on the pool table beganto argue with Moua. The man shoved Moua who tried to push the man out of the door. The second man juststood by and did nothing during the verbal confrontation. B.V-S-T. moved in to help Moua get the man out of the bar. B.V-S-T pushed the man towards the door and then saw Moua drop to the floor. B.V-S.T. then felt pain in his chest. B.V-S-T. looked down and saw blood so he dove for cover. B.V-S-
T didn’t know whether he
had been shot or stabbed at the time as he did not recall hearing gunshots. B.V-S-T. was later taken to thehospital because he had been shot in the left side underneath his armpit. The bullet went through B.V-S-
T’s
 body and lodged near the right side of his neck.M.M. and her children arrived at the bar to pick Moua up after closing. M.M. was in the bar when Yia and theother man came back into the bar. Yia was badmouthing everyone and arguing that he wanted to stay late and play pool with Moua. The other man said nothing as Yia and Moua argued. There was pushing and shoving atthe door when M.M. saw the man with Yia lift up a silver gun in the air. The man lifted his right arm up intothe air and aimed the gun downward at an angle. The man shot the gun and everyone started to run. After thefirst shot, the shooter looked around for others to fire on. M.M. heard 3
 – 
4 shots fired. Both men got into a
small black car and fled. M.M. and others in the bar tended to Moua’s head wound. M.M. gave officers three
spent shell casings that she had picked up fro
m the bar’s floor.
 

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