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.
STATEMENT OF PROBABLE CAUSE
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,