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Complaint against Gary Drake

Complaint against Gary Drake

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Published by David Moye
Gary Drake is accused of pulling a shotgun on a neighbor who was trying to teach his daughter to ride a bike.
Gary Drake is accused of pulling a shotgun on a neighbor who was trying to teach his daughter to ride a bike.

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Published by: David Moye on Jun 03, 2014
Copyright:Traditional Copyright: All rights reserved


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Gary Eugene Drake Page 1 CA-2014-01041
 ___________________________________________________________________________________ STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT COURT FILE NO. _______________________ COUNTY ATTORNEY FILE NO. CA-2014-01041 CONTROLLING AGENCY: MN0190500 CONTROL NUMBER: 14-000910 State of Minnesota, Plaintiff, v.
[ ] AMENDED 14053 DAYTONA WAY ROSEMOUNT, MN 55068 (DOB: 3/14/53) 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: ASSAULT IN THE SECOND DEGREE Minnesota Statutes §609.222, Subd. 1; 609.101; 609.11, Subd. 5 ***PENALTY: 0-7 Years and/or $4,200.00 - $14,000.00 MOC: A2413 GOC: N [X] Felony [ ] Gross Misdemeanor [ ] Misdemeanor [ ] Petty Misdemeanor On or about May 25, 2014, in the County of Dakota, Minnesota, GARY EUGENE DRAKE, did assault another with a dangerous weapon and at the time of offense, the Defendant or an accomplice did use or possess a firearm, to wit: a Remington 870 shotgun.
Gary Eugene Drake Page 2 CA-2014-01041
COUNT 2: TERRORISTIC THREATS Minnesota Statutes §609.713, Subd. 1; 609.101 PENALTY: 0-5 Years and/or $3,000.00 - $10,000.00 MOC: A9413 GOC: N [X] Felony [ ] Gross Misdemeanor [ ] Misdemeanor [ ] Petty Misdemeanor On or about May 25, 2014, in the County of Dakota, Minnesota, GARY EUGENE DRAKE, did threaten, directly or indirectly, to commit any crime of violence with purpose to terrorize another or to cause evacuation of a building, place of assembly, vehicle or facility of public transportation or otherwise to cause serious public inconvenience, or in a reckless disregard of the risk of causing such terror or inconvenience.
Your Complainant is a licensed peace officer in the State of Minnesota. Acting in that capacity, I have reviewed the police reports and state that the following facts are true and establish probable cause. On May 25, 2014 at approximately 8:04 p.m., Rosemount police officers were dispatched to the 14000 block of Daytona Way, Rosemount, Dakota County, Minnesota on the report of a male pointing a gun at a neighbor.
Officers responded to the victim’s residence and took a statement from the victim, R.O.,
recounting the following details. At approximately 7:45 p.m. that evening, R.O. was teaching his 7 year-old daughter to ride a bicycle on Daytona Road near their home. As R.O. and his daughter were approaching a nearby cul-de-sac, he observed a male neighbor who lives two houses past the cul-de-sac at 14053 Daytona Way, later full identified as GARY EUGENE DEFENDANT, DOB: 03/14/1953
(hereinafter “Defendant”), sitting on his porch. As R.O. got closer to Defendant’s residence, he could hear Defendant yelling at him but was not sure what he was saying. R.O. told Defendant, “I’ve got it.”
Defendant continued to yell at R.O. making comments about how his daughter was riding her bike.
R.O. again said “I’ve got it” and Defendant responded, “If you don’t like my advice, get off the street.” R.O. told Defendant that he didn’t own the street and that R.O. would continue to teach his daughter
how to ride her bike there.
R.O. said Defendant continued to yell things that he couldn’t hear,
Gary Eugene Drake Page 3 CA-2014-01041
appearing to get angrier. Defendant then went inside his residence. R.O. began walking away from
Defendant’s residence and then heard Defendant exit his house. R.O. looked over his shou
lder and saw Defendant holding some type of long gun. Defendant was pointing the gun towards R.O. and
threatening to kill R.O. R.O. saw Defendant’s wife come out of their residence, grab Defendant’s gun,
 point it downward and then physically drag Defendant inside of the house. R.O. continued walking
away from Defendant’s residence. Approximately 30 seconds later, Defendant returned back outside, again yelling “I’m going to kill ya.” R.O. said he was afraid of Defendant. R.O. was asked if he made
any threats or comments that would cause Defendant to get a gun and he said he did not.
Rosemount police officers made telephone contact with Defendant’s wife who came out of the residence. Defendant’s wife confirmed that Defendant pointed a gun at a man wit
h whom he had a confrontation with a few minutes earlier. She later told police that she had tried to stop the Defendant.
Defendant had since put the gun away and was watching TV. Defendant’s wife brought officers to the
 back of the house and motioned for Defendant to come outside to talk to the officers which he did. Defendant was identified by law enforcement and in an out-of-custody statement, confirmed
that he had just had a confrontation with a man [“R.O.”] in front of his house. Defendant said he didn’t
like how R.O. was treating his daughter while teaching her how to ride her bike and he and R.O. had exchanged words. Defendant claimed R.O. told Defendant he was going to get something and Defendant responded that he could get something too. Defendant admitted to bringing a shotgun outside and pointing the gun at R.O. Defendant said he then brought the gun back inside and put it away, and returned outside to again exchange words with R.O. Defendant confirmed he had been drinking that day. When asked if his poor decision-making was the result of his drinking, Defendant
responded, “absolutely not.” Defendant was taken into custody and told what charges he was being arrested for. Defendant said, “Maybe next time I should have shot him.”
dant’s wife voluntarily turned the shotgun over to law enforcement as well as a rifle
 belonging to Defendant. The shotgun was identified as a Remington 870 shotgun.

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