StateofMinnesota CountyofBlueEarth

DistrictCourt 5thJudicialDistrict
ProsecutorFileNo. CourtFileNo. BEC14033403 07CR14842

StateofMinnesota, Plaintiff, vs. TYLERANTHONYCAPUTODOB:12/02/1992 206Eastport Mankato,MN56001 Defendant.

COMPLAINT Warrant
[X]Amended

The Complainant submits this complaint to the Court and states that there is probable cause to believe Defendantcommittedthefollowingoffense(s): COUNTI Charge:AidingandAbettingMurderintheThirdDegree MinnesotaStatute:609.195(b),withreferenceto:609.05.1 MaximumSentence:25yearsand/or$40,000 OffenseLevel:Felony OffenseDate(onorabout):03/05/2014 Control#(ICR#):14006608 Charge Description: On or before March 5, 2014, in the County of Blue Earth, said Defendant, Tyler Anthony Caputo did, intentionally aid, advise, hire, counsel, or conspire with, or otherwise procure another to commit the crime, and/or did personally commit said crime to wit: did without intent to cause death, proximately caused the death of a human being by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in ScheduleIorIItowit:L.F. COUNTII Charge:AidingandAbettingMurderintheThirdDegree MinnesotaStatute:609.195(b),withreferenceto:609.05.1 MaximumSentence:25yearsand/or$40,000 OffenseLevel:Felony OffenseDate(onorabout):03/10/2014 Control#(ICR#):14006608 Charge Description: On or before March 10, 2014, in the County of Blue Earth, said Defendant, Tyler Anthony Caputo did, intentionally aid, advise, hire, counsel, or conspire with, or otherwise procure another to commit the crime, and/or did personally commit said crime to wit: did without intent to cause death, proximately caused the death of a human being by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in ScheduleIorIItowit:C.M. 1

COUNTIII Charge:Drugs3rdDegreeSaleSch1,2,or3butNotNarcotic1or2toPersonunder18 Years MinnesotaStatute:152.023.1(3),withreferenceto:152.023.3(a),609.05.1 MaximumSentence:20years,$250,000orboth OffenseLevel:Felony OffenseDate(onorabout):02/01/2014 Control#(ICR#):14006608 ChargeDescription:TylerAnthonyCaputo In about February and/or March 2014, in the County of Blue Earth, said Defendant, Tyler Anthony Caputo did intentionally aid, advise, hire, counsel, or conspire with, or otherwise procure another to commit the crime, and/or did personally commit said crime to wit: did unlawfully sell one or more mixtures containing a controlled substance classified in Schedule I, II, or III, except a Schedule I or II narcoticdrug,toapersonundertheageof18. COUNTIV Charge:Drugs3rdDegreeConspire/EmployPersonUnder18toSellSch1,2,3butNot1or2 Narcotic MinnesotaStatute:152.023.1(4),withreferenceto:152.023.3(a),609.05.1 MaximumSentence:20years,$250,000orboth OffenseLevel:Felony OffenseDate(onorabout):02/01/2014 Control#(ICR#):14006608 ChargeDescription:TylerAnthonyCaputo In about February and/or March 2014, in the County of Blue Earth, said Defendant, Tyler Anthony Caputo did intentionally aid, advise, hire, counsel, or conspire with, or otherwise procure another to commit the crime, and/or did personally commit said crime to wit: did conspire with or employ a person under the age of 18 to unlawfully sell one or more mixtures containing a controlled substance listed in ScheduleI,II,orIII,exceptaScheduleIorIInarcoticdrug. COUNTV Charge:Drugs4thDegreeSaleSchedule1,2,3butNotMarijuana MinnesotaStatute:152.024.1(1),withreferenceto:152.024.3(a),609.05.1 MaximumSentence:15years,$100,000orboth OffenseLevel:Felony OffenseDate(onorabout):02/01/2014 Control#(ICR#):14006608 ChargeDescription:TylerAnthonyCaputo In about February and/or March 2014, in the County of Blue Earth, said Defendant, Tyler Anthony Caputo did intentionally aid, advise, hire, counsel, or conspire with, or otherwise procure another to commit the crime, and/or did personally commit said crime to wit: did unlawfully sell one or more mixtures containing a controlled substance classified in schedule I, II or III, except marijuana or 2

Tetrahydrocannabinols. COUNTVI Charge:EndangerChildPermitPresentSale/PossContSubsG MinnesotaStatute:609.378.1(b)(2),withreferenceto:609.05.1 MaximumSentence:1yearand/or$3,000 OffenseLevel:GrossMisdemeanor OffenseDate(onorabout):02/01/2014 Control#(ICR#):14006608 ChargeDescription:TylerAnthonyCaputo In about February and/or March 2014, in the County of Blue Earth, said Defendant, Tyler Anthony Caputo did intentionally aid, advise, hire, counsel, or conspire with, or otherwise procure another to commit the crime, and/or did personally commit said crime to wit: did as a parent, legal guardian, or caretaker, endangered a child's person or health by knowingly causing or permitting the child to be present where any person is selling, manufacturing or possessing immediate precursors or chemical substances with intent to manufacture, or possessing a controlled substance as defined in section 152.01,subdivision4,inviolationofsection152.021,152.022,152.023,152.024,or152.0262.

STATEMENTOFPROBABLECAUSE

Mankato Department of Public Safety Police Officer Matt Huettl states that on March 5, 2014, at approximately 5:43 p.m., he and other officers as well as emergency medical responders were dispatched to an address in the City of Mankato for an unknown medical situation. Initial information provided by the dispatcher was that a 20-year-old male was not breathing. While Officer Huettl was en route, Mankato Fire personnel arrived on scene and advised the male was not breathing. When Officer Huettl arrived, he observedthatthefirefighterswereadministeringmedicalaidtothemale,whowaslateridentifiedasL.F. Officer Huettl then made contact with another male who was in the residence and was identified by Minnesota picture drivers license as J.G., an adult male. J.G. stated that he was friends with L.F. and had known him for approximately six years. He advised that he and L.F. had been smoking marijuana and hanging outsince that afternoon. J.G. stated that L.F. had taken a 2Cpill and snorted it approximately 60 minutes prior. Shortly after taking the pill, J.G. stated that L.F. began acting crazyand removed all of his clothing except his underwear. J.G. stated that approximately 30 minutes after taking snorting the pill, L.F. began violently shaking and foaming at the mouth. L.F. then collapsed on the floor. J.G. stated that he went across the hall and made contact with a neighbor because he did not know what to do. The neighbor thencheckedonL.F.andfoundthathewasnotbreathing.Theneighborthenusedhisphonetocall911. Officer Huettl noted that multiple items of paraphernalia were recovered, including a baggy of marijuana and an empty pill capsule. They were recovered from the bed area. J.G. identified the items as had been delivered by an unknown male shortly after he arrived at L.F.sresidence. During the course of the investigation, Detective James Card learned that the person that sold L.F. the items came to the residence at approximately 4:00 p.m. A subsequent check of L.F.s phone revealed a text message conversation between Jim Inmanand L.F. The text message refers to meeting at around 3:45 p.m. and L.F. buying two pills. Detective Card observed that Jim Inmanwas a contact in L.F.s phone. A check of the social media website Facebook revealed a picture of Jim Inmanand the picture matched the physical description given by J.G. J.G. described that L.F. purchased $100.00 worth of items: $60.00worthofmarijuanaand$40.00worthof2Ccapsules. Minnesota River Valley Drug Task Force Agent Andy Johnson was assisting with the investigation. He located James Luke Inman on March 11, 2014, and spoke with him. Inman initially denied any involvement in any type of 2C chemicals or supplying any type of drugs to anyone. After confronting Inman with the information that he was identified by a witness in a text message conversation of the person that provided the substance to L.F. and that they found a blue gem bag with crowns at his house, he apologized to Agent Johnson for lying to him. Inman stated that he never sold 2C to L.F. for profit but stated, But I did give him some.Inman stated that as soon as he heard that L.F. died, he flushed the couple pills that he had left. He deniedtakinganypillshimselfbutstatedthatheknewpeoplethattookthemanddidnotgetsick. When asked regarding his source of the 2C, Inman identified his source as Tyler Caputo. Inman stated that he always contacted Caputo through Caputos girlfriend. Inman stated that he met Caputo through his girlfriend.Inmanstatedthatheobtainedten2CcapsulesfromCaputoonoraroundMarch1.Hestated that Caputo tried to sell the pills to him for $6.00 per capsule but eventually just gave them to him because Inman stated he had concerns over the drugs because they were synthetic. Inman questioned if anyone had taken them prior and mentioned that he always tried to do research himself before giving them to anyone else. Inman stated that then I gave some to [L.F.] and then he ended up dying from it.Inman then clarified that he gave four to six 2C capsules to an unnamed classmate and the remaining tablets were flushed down the toilet after L.F. died. Inman clarified that when he obtained the 2C capsules from Caputo, they were in the clear capsules in a blue gem baggy with a crown design. Inman explained that Caputo gavehimextrabluecrownbaggies.
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Agent Johnson applied for a search warrant for the residence of Tyler Caputo and Skylar Jo ReichelSchneider.OnMarch11,2014,atapproximately9:59p.m.,Officersarrivedattheresidencelocatedat Eastport in the City of Mankato. Agent Johnson looked into the residence via an open window and observed two males playing video games in the living room area. Agent Johnson knocked loudly on the front door and watched as one of the males came toward the door. Agent Johnson checked the door and founditwasunlockedandjustasthemaleapproached,heopenedthedoorandentrywasmade. Once law enforcement was inside the residence, Agent Johnson made contact with Caputo in the living room area. Caputo was placed in handcuffs and advised that he was under arrest as he had an outstanding warrant for his arrest. Agent Johnson then escorted him to the front of the apartment and turned him over to a uniformed officer. As he was walking Caputo to the front of the apartment, Caputo stated, D. left a mushroom grow in my closet.When asked why he was telling Agent Johnson this, Caputorespondedthathedidnotwanttogetintroubleforit. The search warrant was executed, and items of evidence were seized. In the living room area, officers and agentsfound: A blue-crown gem baggy found on the shelving unit behind a chair that Caputo was sitting on; three glass suspected marijuana pipes scattered on the living room floor; three additional glass smoking pipes found in a file drawer in the living room; a blue pill crusher containing a white powder residue found on the living room shelf; two snort tubes, each containing a white powder residue, next to the pill crusher; and two additional glass smoking pipes, one on the TV stand and the other under the chair Caputowassittingin. In the bedroom, identified as where Reichel-Schneider and Caputo resided, the agents and officers located: A glass smoking pipe on the bedroom floor; residency documents for Reichel-Schneider; three glass smoking pipes hidden between the mattress and box spring; a blue crown-gem baggy containing a single capsule containing a white powdery substance found between the mattress and the box spring; a digital scale containing a white powder residue on the coffee table; a red box containing three glass smoking pipes in the TV stand; two cellphones located on a nightstand next to the bed; one cellphone in a blue case containing an EBT card belonging to Reichel; a glass smoking pipe located in the closet; a single blue crown-gem baggy containing one capsule containing an unknown white powder was located in the closet; and a suspected psilocybin mushroom grow containing four plastic totes with one containing visible mushrooms and the other showing growing spores. Alsolocatedinthebedroom,foundatthefootofthebed,wasablacksafe.Inthesafe,agentsand officerslocated: A pill bottle containing three blue crown-gem bags and multiple capsules containing a white powder; a Ziploc bag containing an unknown brownish powder that weighed 10.2 grams on a non-certified digitalscaleaZiplocbagcontainingalighttan/pinkpowderwhichweighed30.3gramsonanoncertified digital scale; a smaller jar containing RC-style pill bottle which contained two capsules containing an unknown white powder; a blue crown-gem baggy containing five capsules containing an unknown white powder, a blue crown-gem baggy containing ten capsules containing an unknown white powder; a small clear gem baggy containing an unknown powder that has 2CEwritten on the sideofthegembagweighing.8gramsonanon-certified scale; a small gem baggy containing an unknown powder with 2CIwrittenonthesideofthegembagweighing1.5gramsonanon-certified scale; 14 empty blue crown-style gem bags; miscellaneous glass smoking pipes; and a digital scale. Inthekitchen,agentsandofficerslocatedasmallMasonjarcontaininglessthan1/2ounceofsuspected marijuana, which was located next to the baby food. In addition, miscellaneous items were removed from a 5

juvenile male who was present at the time and located was a blue crown-gem baggy. AgentJohnsonnotedthatseveralofthesuspecteddrugparaphernaliaandotherrelateditems,including the capsules of an unknown substance and the psilocybin mushroom grower, were accessible to a juvenile toddler, who also resides in the residence. Agent Johnson noted that the residence was cluttered and filthy; and based upon his education, training, and experience, it was a safety and health hazard to the toddlerchild. Detective James Card assisted with the search warrant at the residence of Reichel-Schneider and Caputo. Detective Card conducted an interview of Caputo at the Justice Center. Detective Card asked Caputo what he thought law enforcement officers found at his residence; and he said, The mushrooms. He stated that they were supposed to be gone,and went on to state that they belonged to another individual. Caputo described another juvenile male as the individual that they belonged to and has known the individual for about a year and a half. Caputo stated that the safe belonged to the juvenile male that Reichel-Schneider had previously stated that it belonged to Caputo. He stated there was a meth pipe in there and then stated that there was some 2C or 2CE and stated it was a research chemical.Caputo saidhewasahallucinogen. Caputo stated that he put his weed in the safe two days ago and saw the 2C and a couple bags of powder with 2CE on it. He stated that he tried the 2C when he was 16, and so he knew what it was. Caputo advised that he did not know if there capsules or if the 2C was mixed with water. Caputo advised that the capsules would only be partially filled. When asked why they were only partially filled, Caputo advised that you can O.D. real easily from it. When asked about if Reichel-Schneider knew about the safe, he advised that she knew it was there. Detective Card asked Caputo what he would say if they found some crystal powder in Reichel-Schneiders drawer, and he said that he may have had a couple of 2Cs, but he was not sureifhelefttheminthedresserdrawer.Headvisedthatthepowderwasprobablyhis. Detective Card asked Caputo about the other blue bags found in the residence and asked if they had 2C or weed in them. He stated that they probably had weed, but he was not 100 percent sure. Caputo was asked if he has ever had a bad reaction from the 2C; and he said, I have not taken the 2CE, but no. Caputo advised that D.K. came by his residence a couple of days prior and said something happened to one of his friends. He went on to say that it was L.F. Caputo stated that he stayed with L.F. when he was kicked out of his moms house, but the last time he saw L.F. was a year or two ago. He stated that he heard that L.F. O.D.d on the 2C. Detective Card asked Caputo what he thought about having 2C in his house, and he stated that he freaked. Detective Card asked if he got rid of any of it, and he stated that he did not touch it. When asked what the chances were that the 2C that was located at L.F.s residence came from his safe, he said, They could be.He then clarified that the safe belonged to D.K. Caputo acknowledged that he had the combination to the safe. Detective Card advised Caputo that ReichelSchneiderstatedthesafebelongedtohimandnotD.K. The capsules recovered from Caputos safe and from L.F.s residence along with the other compounds were sent to the Bureau of Criminal Apprehension for scientific testing. The capsule used by L.F. contained trace amounts of 25C-NBOMe,whichisaScheduleIcontrolledsubstance.Twocapsules recovered in two separate blue crown baggies from the safe tested for 25C-NBOMeaswell. On April 14, 2014, Detective Tom Rother received an autopsy report from Dr. Gremel regarding the death of L.F. Dr. Gremel reported the following in his death investigation report: Apparent intake of 25C1-NBOMe. Presentingwithasystoleattheemergencyroom. Unsuccessfulresuscitationefforts.
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ToxicologyreportfromMedtoxLaboratoriesMinneapolis,Minnesota. Normal internal exam with no evidence of abnormal heart or lung disease. Moderatefattychangetotheliver. In the Medtox forensic drug analysis, the following was identified in L.F.swholeblood: Tetrahydrocannabinol(THC)7.9ng/ml Carboxy-THC68.5ng/ml 25C1-NBOMe31.7ng/ml On March 8, 2014, at approximately 11:08 a.m., Officer Doug Frericks responded to an address in the City of Mankato in reference to a female having a seizure. Officer Frericks responded along with personnel from Gold Cross Ambulance and the Mankato Department of Public Safety/Fire Division. It was reported that a 17-year-old female was seizing and unresponsive. Officer Frericks noted that the fire personnel arrived shortly before him and when Officer Frericks entered the residence, he observed a female,subsequentlyidentifiedasC.M.,thatwasconvulsing. During the course of investigating the incident, Detective Tom Rother spoke with T.H., a juvenile male. T.H. statedthathewasunsureoftheexactdatebuthebelievedthatitwasaroundMarch1hewenttoD.K.s residence, also a juvenile male. While there, he bought some pills from D.K. He stated he purchased what he believed was LSD. He stated it was in clear capsule in the form of a white powder. He noted that the pills were half full of the powder. He bought two pills from D.K. for $40.00. One of the pills he bought was for C.M., and she paid him $20.00 for the pill. T.H. stated they had purchased acidfrom D.K. in the past, approximatelyonemonthprior. On March 7, 2014, T.H. was at C.M.s residence and left shortly before her mother left for work. Shortly after C.M.s mother left for work, he returned to the residence to hang out with C.M. They both ingested the pills that he had purchased from D.K. After about an hour, T.H. reported that C.M. began to freak outand have issues with the bad trip.He called another individual to help, and no one called 911. He stayed at the residence and then left shortly before C.M.smotherreturnedhomefromwork. During the course of the investigation, with information provided by T.H., D.K. was identified and subsequently interviewed. D.K. initially denied knowledge of Tyler Caputo but then later provided information that he obtained the substance he gave T.H. from Caputo. He later admitted that he sold two capsulestoT.H. Detective James Card subsequently spoke with D.K. on another occasion. D.K. identified numerous persons that were involved with 2C. D.K. advised he had seen another individual at Caputos residence with a couple bags of powder. He described the powders as one being a fine powder and the other being rocky, crystalline.D.K. described the bags as some sort of 2C and that occurred around March 1. D.K. stated that Caputo was trying to get him to grow mushrooms, and he determined that it was too much work, so the mushroom grow was subsequently returned to Caputos residence. D.K. was asked about filling the capsules with powder and advised that he did help Caputo do so around mid-February at Caputos residence. He stated that he filled approximately ten capsules and then quit. He stated that Caputowouldhavethecapsulesreadyforsalewhenpeoplewouldcomeby. When asked about the process for filling the capsules, D.K. stated that they had a spoon and a bag of powder and whole bunch of empty capsules laid out. He stated they used a digital scale and a little plastic
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card and then would dump the powder into the capsule and put the capsule into a bag. D.K. had described the bag as the blue bag with the gold crowns. D.K. stated they would put between 15 to 25 mg in the capsules. D.K. advised that he did not know what Caputo was paying the other individual, but Caputo sold them to him for $15.00 each. D.K. advised that you could make thousands of doses out of the powder that hesaw. On March 7, when C.M. was taken to the hospital due to her condition, she was transported via Mayo One toahospitalinMinneapolis. On April 17, 2014, law enforcement officials received preliminary information regarding the cause of death of C.M. The immediate cause of death was listed as complications of anoxic brain injury.That was due to or as a consequence of (B): Seizure; due to or as a consequence of (C): 25C-NBOMe toxicity.The dateofthedeathwaslistedasMarch10,2014,at4:11p.m.

SIGNATURESANDAPPROVALS ComplainantrequeststhatDefendant,subjecttobailorconditionsofrelease,be: (1)arrestedorthatotherlawfulstepsbetakentoobtainDefendant'sappearanceincourtor (2)detained,ifalreadyincustody,pendingfurtherproceedingsandthatsaidDefendantotherwise bedealtwithaccordingtolaw. Complainant MatthewDuRose Commander 710SFrontSt Mankato,MN560013803 Badge:3141 ElectronicallySigned:4/18/2014

Subscribedandsworntobeforetheundersigned. NotaryPublicor JudicialOfficial MarinaSeverns,PeaceOfficer LicenseNumber:31045332, LeSueurCounty,Minnesota. Mylicenseexpires:01/31/2016 Recordsclerk 710SFrontSt Mankato,MN560013803 ElectronicallySigned:4/18/2014

Beingauthorizedtoprosecutetheoffensescharged,Iapprovethiscomplaint. ProsecutingAttorney PatrickR.McDermott AssistantBlueEarthCounty Attorney 401CarverRoad POBox3129 Mankato,MN56002 (507)3044600 ElectronicallySigned:4/18/2014

FINDINGOFPROBABLECAUSE
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, Defendants arrest or other lawful steps be taken to obtain Defendants appearance in court, or Defendants detention, if already in custody, pendingfurtherproceedings.Defendantisthereforechargedwiththeabovestatedoffense(s).

SUMMONS
THEREFORE YOU, THE DEFENDANT, ARE SUMMONED to appear on ________ ___, _____ at _____ AM/PM before the above-named court at 401 Carver Rd, Mankato, MN 56002-0347 to answer this complaint.
IFYOUFAILTOAPPEARinresponsetothisSUMMONS,aWARRANTFORYOURARRESTshallbeissued.

X WARRANT
To the Sheriff of the abovenamed 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 36hoursafterthearrestorassoonassuchJudgeorJudicialOfficerisavailabletobedealtwithaccordingtolaw.
ExecuteinMNOnly X ExecuteNationwide ExecuteinBorderStates

X ThiswarrantmaybeexecutedatanytimeofthedayornightandonSundaysorlegalholidays.

ORDEROFDETENTION
Since the Defendant is already in custody, I order, subject to bail or conditions of release, that the Defendant continue to be detainedpendingfurtherproceedings. Bail:$1,000,000.00 ConditionsofRelease:BodyOnly ThiscomplaintisissuedbytheundersignedJudgeasofthefollowingdate:April18,2014.
JudicialOfficer

GregAnderson

ElectronicallySigned:4/18/2014

SworntestimonyhasbeengivenbeforetheJudicialOfficerbythefollowingwitnesses: COUNTYOFBLUEEARTH STATEOFMINNESOTA Clerk'sSignatureorFileStamp:

StateofMinnesota
Plaintiff vs. RETURNOFSERVICE
IherebyCertifyandReturnthatIhaveservedacopyofthisWarrant upontheDefendanthereinnamed.

TYLERANTHONYCAPUTO
Defendant

SignatureofAuthorizedServiceAgent:

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