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State of Minnesota County of Washington

District Court 10th Judicial District

Prosecutor File No. Court File No.

CR­2013­580

82­CR­13­3474

State of Minnesota,

COMPLAINT

Plaintiff,

Warrant

vs.

JON ROSS WENTZ DOB: 07/12/1966

260 Burgess Square Apt. 2. St. Paul, MN 55117

Defendant.

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: Criminal Vehicular Homicide or Operation ­ Alcohol Concentration .08 or More W/in 2 Hrs Driving

Minnesota Statute: 609.21.1(4), with reference to: 609.21.1a(b) Maximum Sentence: 5 years and $10,000 Offense Level: Felony

Offense Date (on or about): 08/28/2012 Control #(ICR#): 12405902

Charge Description: cause great bodily harm to M.F.C.S as a result of operating a motor vehicle while having an alcohol concentration of .08 or more within 2 hours of the time of driving

COUNT II

Charge: Criminal Vehicular Homicide or Operation ­ Alcohol Concentration .08 or More W/in 2 Hrs Driving

Minnesota Statute: 609.21.1(4), with reference to: 609.21.1a(b) Maximum Sentence: 5 years and $10,000 Offense Level: Felony

Offense Date (on or about): 08/28/2012 Control #(ICR#): 12405902

Charge Description: cause great bodily harm to K.A.S. as a result of operating a motor vehicle while having an alcohol concentration of .08 or more within 2 hours of the time of driving

COUNT III

Charge: Criminal Vehicular Homicide or Operation ­ Operate Vehicle with Negligence ­ Under Influence Alcohol

Minnesota Statute: 609.21.1(2)(i), with reference to: 609.21.1a(b)

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Maximum Sentence: 5 years and $10,000 Offense Level: Felony Offense Date (on or about): 08/28/2012 Control #(ICR#): 12405902

Charge Description: cause great bodily harm to M.F.C.S. as a result of operating a motor vehicle in a negligent manner while under the influence of alcohol

COUNT IV

Charge: Criminal Vehicular Homicide or Operation ­ Operate Vehicle with Negligence ­ Under Influence Alcohol

Minnesota Statute: 609.21.1(2)(i), with reference to: 609.21.1a(b) Maximum Sentence: 5 years and $10,000 Offense Level: Felony

Offense Date (on or about): 08/28/2012 Control #(ICR#): 12405902

Charge Description: cause great bodily harm to K.A.S. as a result of operating a motor vehicle in a negligent manner while under the influence of alcohol

COUNT V

Charge: Criminal Vehicular Homicide or Operation ­ Operate Vehicle with Negl­Und Infl Ctrl Subst

Minnesota Statute: 609.21.1(2)(ii), with reference to: 609.21.1a(b) Maximum Sentence: 5 years and $10,000 Offense Level: Felony

Offense Date (on or about): 08/28/2012 Control #(ICR#): 12405902

Charge Description: cause great bodily harm to M.F.C.S. as a result of operating a motor vehicle in a negligent manner while under the influence of controlled substance

COUNT VI

Charge: Criminal Vehicular Homicide or Operation ­ Operate Vehicle with Negl­Und Infl Ctrl Subst

Minnesota Statute: 609.21.1(2)(ii), with reference to: 609.21.1a(b) Maximum Sentence: 5 years and $10,000 Offense Level: Felony

Offense Date (on or about): 08/28/2012 Control #(ICR#): 12405902

Charge Description: cause great bodily harm to K.A.S. as a result of operating a motor vehicle in a negligent manner while under the influence of controlled substance

COUNT VII

Charge: Traffic ­ DWI ­ Operate Motor Vehicle ­ Alcohol Concentration 0.08 Within 2 Hours

Minnesota Statute: 169A.20.1(5), with reference to: 169A.25.2 Maximum Sentence: One year and $3,000 Offense Level: Gross Misdemeanor

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Offense Date (on or about): 08/28/2012 Control #(ICR#): 12405902

Charge Description: drive, operate or be in physical control of any motor vehicle within this state or on any boundary water of this state when said defendant's alcohol concentration at the time, or as measured within two hours of time, of driving, operating or being in physical control of the motor vehicle is 0.08 or more when two or more aggravating factors were present, to wit: Revocation of license for implied consent ­ drugs December 23, 2011 and DWI of a controlled substance dated August 20, 2011

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STATEMENT OF PROBABLE CAUSE

The Complainant states that the following facts establish probable cause:

Your Complainant is a licensed peace officer in the State of Minnesota and offers the following to establish probable cause:

On August 28, 2012 at approximately 9:03 p.m., Minnesota State Trooper Yarusso was dispatched based on a report of a serious crash. The crash reportedly occurred on Trunk Highway 5 and Stillwater Lane in the City of Lake Elmo, County of Washington, State of Minnesota. Assisting the trooper were other State Patrol officers, Washington County sheriff deputies and medical personnel. When they arrived they observed a Buick Regal with Minnesota license plate 254JWY facing west in the eastbound lane with heavy front end damage. There was a single male behind the wheel who was later identified as the defendant John Ross Wentz d/o/b 07/12/1966. Law enforcement also observed a silver Honda Civic in the south ditch facing south/southwest with heavy front end damage. In the Honda were two females who were conscious and alert but pinned in the vehicle. The defendant was slumped in the driver's seat unconscious and having difficulty breathing. Troopers attempted to pry the defendant's door open with a crow bar but were unsuccessful. They then, with the assistance of the ambulance crew, were able to remove the defendant through the passenger door. He was then transported to Regions Hospital.

At the time of the crash the defendant's driving privileges were revoked for a prior DWI charge and conviction from 2011. The vehicle the defendant was driving had no insurance. The defendant had a methadone card on his person.

During their investigation, law enforcement was informed that a driving complaint had been made an hour prior in regards to this same Buick. The complainant notified law enforcement that the vehicle was all over the road.

When the victims in the Honda were extracted from the vehicle, the passenger (identified as K.A.S.) appeared to have serious lower body injuries and was transported to Regions Hospital. The driver, (identified as M.F.C.S.) was also transported to Regions Hospital with several lower body injuries. The initial report indicates that it appeared that the Buick crossed over the center line and struck the Honda head on.

Trooper Swanson responded to Regions Hospital and was able to obtain a blood sample from the defendant. The blood sample was taken due to the fact that the defendant was going into surgery. A blood sample was drawn at 10:35 by a registered nurse at Regions. The blood sample was then sent to the BCA for testing. The BCA report indicates that the defendant was under the influence with a blood alcohol content of .08. Additionally, he had methadone in his system.

Accident reconstruction conducted by the Minnesota State Patrol indicates that the defendant, prior to the collision, was traveling westbound in the eastbound lane of Minnesota Truck Highway 5 at or near the speed limit of 55 mph. The Honda was traveling eastbound in its eastbound lane and significantly reduced its speed. The defendant had crossed over the center line striking the Honda in a head-on crash. A review of the defendant's driving record indicates he has prior qualified impaired driving incident from December 2011; a Driving Under the Influence conviction from August of 2011.

The victim K.A.S. who is 15 sustained an open left femur fracture and bilateral clavicle fracture and had to have screws and plates in her body to assist in her recovery. She also sustained fractures on the left T1 and T2 on the thoracic spine as well as a left rib fracture. The victim M.F.C.S. age 20 sustained femur fracture, acute respiratory failure, hemorrhagic shock, rhabdomyolysis, , acute posthemorrhagic anemia,

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lactic acidosis, a subconjuctival hemorrhage, a traumatic brain injury, open fracture of the shaft of fibula with tibia, open fracture of lower end of radius with ulna, open fracture of shaft of femur, malar and maxillary bones closed fracture, orbital floor (blow-out) closed fracture, hypotension unspecified, acute pain due to trauma.

A complaint warrant is being requested due to the injuries to the victims, the seriousness of the crime and the defendant's criminal history which includes additional felonies.

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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

Eric Zastrow

Electronically Signed: 8/22/2013

State Trooper

  • 3489 Hadley Ave N

Oakdale, MN 55128 Badge: 85 Subscribed and sworn to before the undersigned.

Notary Public or Judicial Official

Linda Berger

Commission expires: 01/31/2017

Notary Public, County of Ramsey Electronically Signed: 8/22/2013

  • 3489 Hadley Ave N

Oakdale, MN 55128 Notary ID: 31018917

SIGNATURES AND APPROVALS Complainant requests that Defendant, subject to bail or conditions of release, be: (1)

Being authorized to prosecute the offenses charged, I approve this complaint.

Prosecuting Attorney Thomas D. Wedes Assistant County Attorney PO Box 6 15015 62nd Street North Stillwater, MN 55082 (651) 430­6115

Electronically Signed: 8/22/2013

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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).

FINDING OF PROBABLE CAUSE From the above sworn facts, and any supporting affidavits or supplemental sworn

SUMMONS

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.

  • X WARRANT

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.

FINDING OF PROBABLE CAUSE From the above sworn facts, and any supporting affidavits or supplemental sworn

Execute in MN Only

FINDING OF PROBABLE CAUSE From the above sworn facts, and any supporting affidavits or supplemental sworn

Execute Nationwide

FINDING OF PROBABLE CAUSE From the above sworn facts, and any supporting affidavits or supplemental sworn

ORDER OF DETENTION

  • X Execute in Border States

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: $ Conditions of Release:

This complaint is issued by the undersigned Judge as of the following date: August 23, 2013.

Judicial Officer

Ellen Louise Maas District Court Judge

Electronically Signed: 8/23/2013

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

RETURN OF SERVICE

vs.

I hereby Certify and Return that I have served a copy of this Warrant upon the Defendant herein named.

Jon Ross Wentz

Signature of Authorized Service Agent:

Defendant

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