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District Court 10th Judicial District
Prosecutor File No. Court File No. CR20121366
State of Minnesota, Plaintiff, vs. ERIC KAPRICE RICHARD II DOB: 06/12/1990 1335 Cottage Drive Stillwater, MN 55082 Defendant.
COMPLAINT Order of Detention
The Complainant submits this complaint to the Court and states that there is probable cause to believe Defendant committed the following offense(s): COUNT I Charge: Murder 2nd Degree Without Intent While Committing a Felony Minnesota Statute: 609.19.2(1), with reference to: 609.19.2(1) Maximum Sentence: 40 years Offense Level: Felony Offense Date (on or about): 09/28/2012 Control #(ICR#): 12208680 Charge Description: without intent to effect the death of any person, cause the death of A.D.M. while committing or attempting to commit the felony of assault in the first or third degree COUNT II Charge: Manslaughter 1st Degree While Committing Gross Misdemeanor/Misdemeanor with Violence. Minnesota Statute: 609.20(2), with reference to: 609.20 Maximum Sentence: 15 years and $30,000 Offense Level: Felony Offense Date (on or about): 09/28/2012 Control #(ICR#): 12208680 Charge Description: cause of the death of A.D.M. while committing assault in the fifth degree
STATEMENT OF PROBABLE CAUSE The Complainant states that the following facts establish probable cause: Your complainant is a licensed peace officer employed by the Stillwater Police Department. Based on the reports relative to an incident that occurred on September 28, 2012, involving Eric Kaprice Richard II, DOB 06/12/1990, complainant offers the following statement to establish probable cause: On September 28, 2012, at or about 1:54 a.m., officers were dispatched to Smalley's Caribbean BBQ located at 423 Main Street South, in the City of Stillwater, Washington County, Minnesota, on a report of an open 911 cell phone call coming from that location. Officers arrived at Smalley's and were approached by an employee who reported that there was an injured and unconscious male inside who had been punched by another patron. Officers located the unconscious male, later identified as A.D.M. A male attending to A.D.M. told officers that A.D.M. had been punched and then fell to the ground and was now vomiting. As officers were clearing the bar area several persons approached and reported that they had witnessed the incident and that they knew the male who hit A.D.M. The make who hit A.D.M. was identified as ERIC KAPRICE RICHARD II, DOB 06/12/1990, the defendant herein. Bar staff reported that the defendant was a regular customer of the bar. Employees and patrons reported that A.D.M. and the defendant argued and that they both shoved each other. Defendant was then observed punching A.D.M. with a closed fist in the face, knocking A.D.M. to the ground. A.D.M. was knocked unconscious. The incident was captured on surveillance video. The video showed that A.D.M. and the defendant were dancing on the dance floor and that it appeared that A.D.M. accidentally knocked the defendant's drink out of his hand. The two males appear to have a conversation and then they leave the stage/dance floor area. When they come back into camera range the defendant had another drink in his hand. Defendant and A.D.M. appear to be interacting in a friendly manner, dancing together and speaking with other patrons on the dance floor. The two males again go out of camera range and a short time later the lights go up and people are observed leaving the bar. A.D.M. was observed just off screen to the left and is observed making a motion like he is pushing forward. Another male later identified as M.L.H. is then observed grabbing a hold of A.D.M.. M.L.H. then walked A.D.M. back into camera range. As M.L.H. is leading A.D.M. away the defendant rapidly comes into camera range and is observed throwing punches at A.D.M. It appears that at least two punches connect with A.D.M. A.D.M. then fell backwards and his head strikes the floor or an object on the floor. Defendant was observed continuing forward toward A.D.M. until he was stopped by others in the area. M.L.H. later spoke with Sgt. Stender. He reported that A.D.M. had knocked the defendant's drink out of his hand and that A.D.M. had agreed to replace the drink. M.L.H. stated that the argument started because A.D.M. then refused to pay for the drink. M.L.H, reported that A.D.M. and the defendant had words and that A.D.M. pushed the defendant. He stated that the defendant then punched A.D.M. in self defense causing A.D.M. to fall backward and hit his head. M.L.H. admitted that he was walking A.D.M. away from the defendant when the defendant came at A.D.M. Defendant was read the Miranda warning and agreed to speak about the incident. Defendant stated that he was dancing and that A.D.M. knocked his drink out of his hand. He stated that A.D.M. told him that he would pay for another drink, but when they went to the bar A.D.M. refused to pay for the drink. Defendant stated that he had words with A.D.M. and that A.D.M. pushed him at least four times. Defendant stated that he felt he was being assaulted so he struck back in self defense and punched A.D.M. at least twice. He stated that A.D.M. then fell to the ground. Defendant stated that he was then removed by security and he left. Defendant admitted that he knew A.D.M. was hurt because he saw that his eyes were rolled back up into his head. 2
A.D.M. suffered serious injuries from the incident. A.D.M. was taken to Regions Hospital in St. Paul where he was diagnosed with a nose fracture, a right orbital fracture, several skull fractures, and intracranial bleeding causing respiratory failure. During the overnight hours on October 1, 2012, A.D.M. suffered a series of strokes. He was on a ventilator and his condition was critical with an uncertain prognosis. On October 4, 2012, A.D.M. died from the head injuries he sustained as a result of this incident according to medical personnel at Regions Hospital.
SIGNATURES AND APPROVALS Complainant requests that Defendant, subject to bail or conditions of release, be: (1) arrested or that other lawful steps be taken to obtain Defendant's appearance in court; or (2) detained, if already in custody, pending further proceedings; and that said Defendant otherwise be dealt with according to law. Complainant Kyle A. Sykes Patrol Officer 216 N 4th Street Stillwater, MN 55082 Badge: 220 Electronically Signed: 10/5/2012
Subscribed and sworn to before the undersigned. Notary Public or Judicial Official Linda R Thompson Secretary/Dispatcher, County of Washington 216 N 4th Street Stillwater, MN 55082 Notary ID: 6133283 Commission expires: 01/31/2015 Electronically Signed: 10/5/2012
Being authorized to prosecute the offenses charged, I approve this complaint. Prosecuting Attorney Karin McCarthy Assistant County Attorney PO Box 6 15015 62nd Street North Stillwater, MN 55082 (651) 4306115 Electronically Signed: 10/5/2012
FINDING OF PROBABLE CAUSE
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, Defendant’s arrest or other lawful steps be taken to obtain Defendant’s appearance in court, or Defendant’s detention, if already in custody, pending further proceedings. Defendant is therefore charged with the abovestated offense(s).
THEREFORE YOU, THE DEFENDANT, ARE SUMMONED to appear on ________ ___, _____ at _____ AM/PM before the above-named court at 14949 62nd Street N PO Box 3802, Stillwater, MN 55082-3802 to answer this complaint.
IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued.
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 36 hours after the arrest or as soon as such Judge or Judicial Officer is available to be dealt with according to law.
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X ORDER OF DETENTION
Since the Defendant is already in custody, I order, subject to bail or conditions of release, that the Defendant continue to be detained pending further proceedings. Bail: $500,000.00 Conditions of Release: This complaint is issued by the undersigned Judge as of the following date: ________ ___, _____.
Sworn testimony has been given before the Judicial Officer by the following witnesses: COUNTY OF WASHINGTON STATE OF MINNESOTA Clerk's Signature or File Stamp:
State of Minnesota
Plaintiff vs. RETURN OF SERVICE
I hereby Certify and Return that I have served a copy of this Order of Detention upon the Defendant herein named.
Eric Kaprice Richard II
Signature of Authorized Service Agent: