DIV #: CAUSE#: 1322-CR02109 DESTINATION: GRAND JURY DEFENDANT INFORMATION ADDRESS: 60XX CATES AVE APT.

XX Saint Louis, MO 63112 PEDIGREE: RACE: B DOB: XX/XX/1951 HGT: 5'06" SEX: M AGE: 61 WGT: 145 ID #s: COMPLAINT#: 130019673 LID: 000129004 ARREST#: 4130010465 DIST: SLMPD OCN: ALIASES: SSNs:

STATE OF MISSOURI VS Payne, Steven M CA#: 510647709

STATE OF MISSOURI ) CITY OF ST. LOUIS )SS

AMENDED COMPLAINT

The Circuit Attorney of the City of St. Louis, State of Missouri, upon information and belief, charges that Count 1: Burglary 1st Degree (Class B FELONY) RSMo 569.160 TO 4/28/2013 at 9:55 AM Place: 2XX N 4TH ST FROM 4/28/2013 at 7:15 AM (SCC 14010)

The defendant, in violation of Section 569.160, RSMo, committed the class B felony of burglary in the first degree, punishable upon conviction under Section 558.011, RSMo, in that on or about April 28, 2013 at 7:15 AM, in the City of St. Louis, State of Missouri, the defendant knowingly entered unlawfully in a building, located at 2XX N 4TH ST, ROOM 2919 and owned by XXXXXXXXXXXXXXXXX, for the purpose of committing a stealing therein, and while in such building there was present in such building R.H., a person who was not a participant in the crime.

Count 2: Theft/stealing Of Any Credit Card Or Letter Of Credit (Class C FELONY) RSMo 570.030 ON 4/28/2013 Time: Place: 2XX N 4TH ST (SCC 15025) The defendant, in violation of Section 570.030, RSMo, committed the class C felony of stealing, punishable upon conviction under Sections 558.011 and 560.011, RSMo, in that on or about April 28, 2013, in the City of St. Louis, State of Missouri, the defendant appropriated a VISA credit card, which property was owned by R.H., and the defendant appropriated such credit card without the consent of R.H. and with the purpose to deprive him thereof.

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Count 3: Theft/stealing Of Any Credit Card Or Letter Of Credit (Class C FELONY) RSMo 570.030 ON 4/28/2013 Time: Place: 2XX N 4TH ST (SCC 15025) The defendant, in violation of Section 570.030, RSMo, committed the class C felony of stealing, punishable upon conviction under Sections 558.011 and 560.011, RSMo, in that on or about April 28, 2013, in the City of St. Louis, State of Missouri, the defendant appropriated a DISCOVER credit card, which property was owned by R.H., and the defendant appropriated such credit card without the consent of R.H. and with the purpose to deprive him thereof. Count 4: Fraudulent Use Of A Credit/debit Device (value Less Than $500) (Class A MISDEMEANOR) RSMo 570.130 ON 4/28/2013 Time: Place: 8XX Washington Ave. (SCC 19044) The defendant, in violation of Section 570.130, RSMo, committed the class A misdemeanor of fraudulent use of a credit device, punishable upon conviction under Sections 558.011, 558.016, and 570.130, RSMo, in that on or about April 28, 2013, at 8XX Washington Ave., in the City of St. Louis, State of Missouri, the defendant used a credit device, namely a DISCOVER Credit Card, for the purpose of obtaining coffee, knowing that the device was stolen.

Count 5: Fraudulent Use Of A Credit/debit Device (value Less Than $500) (Class A MISDEMEANOR) RSMo 570.130 ON 4/28/2013 Time: Place: 3XX N. 9th St. (SCC 19044) The defendant, in violation of Section 570.130, RSMo, committed the class A misdemeanor of fraudulent use of a credit device, punishable upon conviction under Sections 558.011, 558.016, and 570.130, RSMo, in that on or about April 28, 2013, 3XX N. 9th St., in the City of St. Louis, State of Missouri, the defendant used a credit device, namely a DISCOVER Credit Card, for the purpose of obtaining groceries, knowing that the device was stolen.

Count 6: Theft/stealing (value Of Property/services Is Less Than $500) - 1st Offense (Class A MISDEMEANOR) RSMo 570.030 ON 4/28/2013 Time: Place: 2XX N 4TH ST (SCC 15000) The defendant, in violation of Section 570.030, RSMo, committed the class A misdemeanor of stealing, punishable upon conviction under Sections 558.011 and 560.016, RSMo, in that on or about April 28, 2013, in the City of St. Louis, State of Missouri, the defendant appropriated a phone and American currency, which property was owned by R.H., and the defendant appropriated such property without the consent of R.H. and with the purpose to deprive him thereof.
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Count 7: Theft/stealing (value Of Property/services Is Less Than $500) - 1st Offense (Class A MISDEMEANOR) RSMo 570.030 ON 4/28/2013 Time: Place: 2XX N 4TH ST (SCC 15000) The defendant, in violation of Section 570.030, RSMo, committed the class A misdemeanor of stealing, punishable upon conviction under Sections 558.011 and 560.016, RSMo, in that on or about April 28, 2013, in the City of St. Louis, State of Missouri, the defendant appropriated a phone, which property was owned by G.B., and the defendant appropriated such property without the consent of G.B. and with the purpose to deprive him thereof.

Count 8: Attempted Fraudulent Use Of A Credit/debit Device (value Less Than $500) (Class C MISDEMEANOR) RSMo 570.130 ON 4/28/2013 Time: Place: 3XX N Kingshighway Ave. (SCC 19044) The defendant, in violation of Section 564.011, RSMo, committed the class C misdemeanor of attempted fraudulent use of a credit device, punishable upon conviction under Sections 558.011 and 560.016 RSMo, in that on or about April 28, 2013, at 3XX N. Kingshighway Ave., the City of St. Louis, State of Missouri, the defendant attempted to use a credit card he knew to be stolen by trying to pay for groceries with that DISCOVER credit card, and such conduct was a substantial step towards the crime of Fraudulent Use of a Credit Device and was done for the purpose of committing Fraudulent Use of a Credit Device.

The facts that form the basis for this information and belief are contained in the attached statement(s) of facts, made a part hereof and submitted as a basis upon which this court may find the existence of probable cause. Wherefore, the Circuit Attorney prays that an arrest warrant be issued as provided by law. Jennifer M. Joyce Circuit Attorney of the City of St. Louis, State of Missouri By __Original Signed________________ Assistant Circuit Attorney

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PROBABLE CAUSE STATEMENT DATE: April 29, 2013 I, Benjamin Bayless, a law enforcement officer for the City of St. Louis, State of Missouri, knowing that false statements on this form are punishable by law, state that the facts contained herein are true. 1. I have probable cause to believe that Steven M Payne, a Black Male DOB: XX/XX/51 Age: 61, committed one or more criminal offense(s). Count 1: Burglary In The First Degree (Class B FELONY) RSMo 569.160 FROM 4/28/2013 at 7:15 AM TO 4/28/2013 at 9:55 AM Place: 2XX N 4TH ST (SCC 14010) Count 2: Theft/steal Credit Card Or Letter (Class C FELONY) RSMo 570.030 ON 4/28/2013 Time: Place: 2XX N 4TH ST Count 3: Theft/steal Credit Card Or Letter (Class C FELONY) RSMo 570.030 ON 4/28/2013 Time: Place: 2XX N 4TH ST (SCC 15025) (SCC 15025)

Count 4: Fraud Use Credit/debit-less $500 (Class A MISDEMEANOR) RSMo 570.130 ON 4/28/2013 Time: Place: 8XX Washington Ave. (SCC 19044) Count 5: Fraud Use Credit/debit-less $500 (Class A MISDEMEANOR) RSMo 570.130 ON 4/28/2013 Time: Place: 3XX N. 9th St. (SCC 19044) Count 6: Stealing Under $500 (Class A MISDEMEANOR) RSMo 570.030 ON 4/28/2013 Time: Place: 2XX N 4TH ST Count 7: Stealing Under $500 (Class A MISDEMEANOR) RSMo 570.030 ON 4/28/2013 Time: Place: 2XX N 4TH ST (SCC 15000) (SCC 15000)

Count 8: Fraud Use Credit/debit-less $500 (Class C MISDEMEANOR) RSMo 570.130 ON 4/28/2013 Time: Place: 3XX N Kingshighway Ave. (SCC 19044) 2. The facts supporting this belief are as follows: We received a call for a stealing and a burglary at the XXXXXXXXXXXXXXXXX. Victims R.H. and G.B. informed us that they woke up and their phones, two credits cards, and $80 cash was missing. They also informed us that the door to their hotel room did not shut properly but that both of them were in the hotel room between 7am and 9am when the items must have been stolen. A Discover Credit Card belonging to R.H. was used at both a XXXXXXXXX and a XXXXXXXXX downtown where coffee and groceries were purchased. Video surveillance from both locations shows the defendant leaving both stores seconds after each purchase was made. The Discovery credit card was also used at a XXXXXXX in the Central West End, but the card was rejected. We used a “findmyiphone” application to track one of the stolen phones to the defendant’s apartment. It should be noted that the defendant’s appearance matched that of the individual leaving the XXXXXXXXX and XXXXXXXXX after the stolen credit cards were used. I began to speak with the defendant regarding the suspected thefts and at that time, I called one of the stolen phones. It was in the defendant’s apartment and began to ring. Both phones were recovered from the defendant’s home and the missing credit cards and cash were found on the defendant’s person search incident to arrest. The defendant was Mirandized and agreed to give an audio recorded statement. He admitted entering a hotel room which didn’t have a properly closed door, seeing people sleeping, taking two phones, $80,
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and some credit cards. He also admitted making purchases with one of the stolen credit cards at XXXXXXXXX and XXXXXXXXX, as well as attempting to use the card at XXXXXXX.

Benjamin Bayless PRINT NAME
nd

Original Signed SIGNATURE

1975- Forgery (3x), 22 Cir., 751273, 2 years MDC 1977- Escape from Confinement, Cole County Cir. Ct., 7481, 2 years MDC nd 1978- Stealing MV, 22 Cir., 129004, 2 years MDC nd 1979- Stealing MV, 22 Cir., 36841, 2 years MDC nd 1983- Trespass, 22 Cir., 129004, 9 months conf. nd 1983- Fraudulent Use of CC Device (7x), 22 Cir., 9 months conf. nd 1985- Burg. 2, Poss. Burglars Tools, 22 Cir., 84102917, 4 years MDC st 1988- Rec. Stolen Property under $150, 21 Cir., 57313, 3 months conf. nd nd 1993- Burg. 2 , 22 Cir., 9210003136, 5 years MDC nd nd 2002- Burg. 2 , Stealing, 22 Cir., 22011-0003099, 15 years MDC

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