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of Minnesota unty of Hennepin

Je
JCT LIST CHARCE STATUTE ONLY MOC
GOC

District Co urt Fourth Judicial District
H5914 IlTO2

Itul^ "/\-

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2

609.205 609.378

N N

CTY ATTY FILE NO.

CONTROLLTNG

AGENCY

CONTROL NO

12-6886

MN0271100

12374727

COURT CASE NO.

DATE FILED

[ /ifmore

than 6 counts (see attached)

E

/ifDomestic Assault

I
as

Amended

I

faU Charge Previously Filed

defined by MS

5

l8B0l, sub2a,b

State of Minnesota,
PLAINTIFF,
VS.

I ppr-oNy n cnoss MrsDM DWr I cnoss MrsDM
Date of Birth

X spruous FELoNY

n
tr tr
X

SUMMONS WARRANT
ORDER OF DETENTION

EXTRADITION

NAME: first, middle, last KAO CHONGSUA XIONG
DEFENDANT,
1617 HILLSIDE AVE MINNEAPOLIS, MN 55454

10t15/81

LE#: SILS ID: TRACK ID:

MNCIS

#:

27-CR12-28490 734999 2619855

COMPLAINT
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 thefollowing

ffinse(s). The complainant states that thefollowingfacts establish PROBABLE CAUSE;

Complainant, Tammy Diedrich, of the Minneapolis Police Department, has investigated the facts and circumstances rf this offense and believes the following establishes probable cause:

Jn Decemb er 5,2}l2,police and paramedics went to iFtA7 7th Street South in Minneapolis, Hennepin County, Minnesota, on a call of a shooting. Paramedics performed CPR on the shooting victim, two-year-old N.X., d.o.b. )l-12-10, but he died at the scene. Inside the home, police met a known adult female, M.V. and defendant KAO IHONGSUA XIONG who are N.X.'s parents. M.V. and the defendant directed police to a handgun in a holster ;itting on a windowsill in the entryway.
lhe defendant told police that he and his wife had been on the first floor of the home getting ready for lunch when hey heard a gunshot. He went upstairs and found N.X. on the bed with a gunshot wound. Hir four-y.ar-old son, (.X. was under the bed. The defendant tried to help N:X. and they called 911.
ihe defendant said N.X. was shot with his handgun which was wedged between the mattress and pillows of the bed n the master bedroom. The defendant said a five-year-old son was at kindergarten at the time of the shooting and a rne-year-old son was asleep on the floor in the children's bedroom. The defendant said X.X. shot N.X. Police bund the bullet across the master bedroom in a closet.

RM-J

REV. l2195

Page KAO CHONGSUA XIONG (CCN 12374727)

Police took the firearm used in the shooting and found it to be a7.62x25 caliber semi-automatic pistol. The magazine in the gun had 7 live cartridges and the extra magazine in the holster had 8 live cartridges. Testing later revealed that the firearm functions normally, but the safety (i.e., the safety assembly and safety fixing screws) were missing. Police searched the home and in addition to the gun used in the shooting, they found the following:

1.

2. 3. 4. 5. 6.

One 7 .62 mm semi-automatic pistol located in a case in a kitchen cabinet on top of drinking glasses. Records show that this gun was reported stolen from a north Minneapolis residence connected with the defendant in 2010. In 2011, the gun was used in an armed robbery in Minneapolis. In 2012, the gun was retumed to its owner, a person other than the defendant; Two 9mm semi-automatic pistols; One 7mm bolt action rifle; One .30 caliber semi-automatic rifle; One bolt action rifle; One .22 caliber bolt action rifle.

These firearms were found in various locations in the two-bedroom home, including in taped boxes in a laundry basket on a closet floor, in a cabinet, in a duffel bag also containing diapers on a closet floor, and in a closet on the main floor. Some of the guns were secured in cases, some were not.

Police also found holsters and a significant amount of ammunition, including but not limited to 7mm rifle rounds, "ultra-mag azifies," ammunition for a .22,9mm amniunition, and 30 carbine live rounds in a baggie.

X.X. was interviewed at CornerHouse and said that his daddv has big guns and small guns and shoots deer. He said that he has seen the guns and knows they are in the closet. X.X. said his daddy hid the little gun on the big bed.
The medical examiner determined that N.X. died from a gunshot wound.

non-custodial interview, the defendant said his wife and children live at the address where the shooting occurred, but he resides at a different Minneapolis address with his brothers. He said he stayed at his wife's house the night before the shooting and brought the gun used in the shooting with him in his holster. He said he tucked it under his shirt so his children would not see it. He said his children had never seen this gun. The defendant produced his permit to carry the firearm. He said that he could not take his gun to work at a mental health clinic, so he tucked it into the bed. He said he never put the gun there before. He said that he came home from work for lunch and then the shooting occurred.

In

a

The defendant said he purchased that particular gun online and it was shipped to the dealer. He said the gun held 9 bullets with one in the chamber.

After locating the other firearms, police spoke to the defendant agatn. He admitted having 7 guns. He admitted lhat he kept them in the laundry basket and closets. He said some were in cases and none were loaded. The Jefendant said he had the firearms for hunting.
Police interviewed M.V., who stated that the defendant had not spent the preceding night at her house. She said he rrived for lunch and the shooting happened soon after. M.V. said that the defendant regularly stored the gun between the bed and the mattress. She said there were no other guns in the house.

Ihe defendant is not in custody.

Page

COMPLAINT SUPPLEMENT
CCT SECTION/Subdivision M.O.C.
GOC

OFFENSE
3UNT

1:

MANSLAUGHTER IN THE SECOND DEGREE (FELONY) MINN. STAT. $ 609.20s(s) PENALTY: 0-10 YEARS AND/OR $20,000

CHONGSUA XIONG, rat on or about.Decernber 5,2l7z,Minneapolis, in Hennepin County, Minnesota, KAO neglect or endangerment .used the death of N.X. by committing or attempting to commit a violation of $ 609.378 ;hild.

of

f,llNT

2:

ENDANGERMENT OF A CHILD (FELONY) MINN. STAT. S 609'378, SUBD 1(c) PENALTY: 0-5 YEARS AND/OR $10,000

CHONGSUA XIONG rat on or about Decernber 5,2}Iz,Minneapolis, in Hennepin County, Minnesota, KAO placed in a situation likely tentionally or recklessly caused N.x., born01/1212010,u tmta under fourteen (14), to be child's access to a loaded substantially harm the child's physical health or cause the child's death as a result of the .earm and the endangerment reiulted in substantial harm to the child's physical health.

NOTICE: you must appear for every court hearing on this charge. A failure to appear for court on this
charge is a criminal dffense and may be punished as provided in Minn. Stat. $ 609.49.
t, subject to bail or conditions ofrelease be:

t) arrested or that other lawful steps be taken to obtain defendant's oppearance in court; or
7)

authorized to DATE:

PNOSECUTTNG ATTORNEY' S SIGNATURE:

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-)-+

-|
ADDRESS/TELEPHONH

PROSECUTING ATTORNEY:
NAME/TITLE;

AMY E. SWEASY (26fiax)
Assistant C

C2100 Government Center, Minneapolis, MN 55487 nez 612-348-6552

ln

,..-

Page
Court Case # This COMPLAINT was subscribed and sworn to before the undersigned this
daY

4

of-

,20_

NAME: TITLE:

-

SIGNATURE:

FINDING OF PROBABLE CAUSE
ony, I, the Issuing Officer, have determined thal lawful t:upt,b',, probable cause exists to support, subjeit'to bailoi-conditions ojieleasewhere appticable, Defendant(s) arrest or other pending rther proceedings. The Defendant(s) taken to obtain Defendant(s) appearance in court, or his detention, ifalready in iustody, is / ar e th er e of ch ar ge d w ith the ab ov e-s t at e d offens e.

on thc THEREFORE YoU, THE ABOVE-NAMED DEFENDANT(S), ARE HEREBY SUMMONED to appeaT before the above-named court at ,20 to answer this comPlaint. issued. IF yOU FAIL rO AppEnn in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be -at

SUMMONS

dAY Of

-AM/PM
To the sheriff of the above-named

or other person authorized to execute this ILARRANT; I hereby order, in the -name of the Defendant(| b; apprehended and arrested without delay and brought promptly before the State of Minnesotq tiat the above-named unnecessary delay, and in any event above-named Court (if in session, and if not, before a'Judgi ir Judicial officer of such Court without to be dealt with according to not later than 36 hours after the arrest or as soon thereqfter as such Judge or Judicial officer is available)

coity;

E

WARRAI{T BxpcurE IN MINNESoTA oNLY

lqw.

that the abovesince the above-named Defendant(s) is already in custody; I hereby order, subject to bail or conditions ofrelease,
named Defendant(s) continue to be detained pendingfurther proceedings. Bail: $150,000.00 + CR

conilitions of
weapons

Release:

comply with child protection

case plan; Make all

court appearances; Report twice weekly; No possession of

rhis coMPLAINT_ day of

ii1ffi ry

W|
20

auty subscribed and sworn to, is issued by the undersigned Judicial Officer this

NAME:

SIGNATURE

TITLE:

JUDGE OF DISTRICT COURT

Sworn testimony has been given before the Judicial Officer by the following witnesses:

STATE OF MINNESOTA

COLINTY OF HENNEPIN

Clerk's Signature or File StamP;

STATE OF MINNESOTA
Plaintiff
VS.

RETURN OF SERVICE

I hereby Certifo and Return that I have served a copy ofthis COMPLAINT- SUMMONS, WARRANT, ORDER OF DETENTION upon Defendant(s) herein-named.
Signature of Authorized Service Agent:

KAO CHONGSUA XIONG