Cindarion De'Angelo Butler

Co. Atty. Complaint No.: 2125460-1

Court File No.:

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STATE OF MINNESOTA COUNTY OF RAMSEY DISTRICT COURT SECOND JUDICIAL DISTRICT COURT FILE NO.: _____________ PROSECUTOR FILE NO.: 2125460

State of Minnesota, Plaintiff, FELONY CRIMINAL COMPLAINT Summons Warrant Order of Detention Amended Certified Juvenile EJJ

v. Cindarion De'Angelo Butler (DOB: 11/05/1996) 767 Livingston Street St. Paul, MN 55107, a juvenile certified for prosecution in adult court, pursuant to the provision of M.S §260B.125 Defendant.

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 the following offense(s): COUNT 1 On or about the 4th day of August, 2013, in Ramsey County, Minnesota, the defendant, CINDARION DE'ANGELO BUTLER, did unlawfully and intentionally, commit the crime of Assault in the First Degree for the benefit of, at the direction of, in association with, or motivated by involvement with a criminal gang, with intent to promote, further, or assist in criminal conduct by gang members. Said acts constituting the offense of Crime for Benefit of Gang in violation of MN Statute: §609.229.2; 609.229.3(a); 609.229.4(a) Maximum Sentence: 25 years COUNT 2 On or about the 4th day of August, 2013, in Ramsey County, Minnesota, the defendant, CINDARION DE'ANGELO BUTLER, aiding and abetting and being aided and abetted by another, did unlawfully and intentionally assault another and inflict great bodily harm. Said acts constituting the offense of Assault in the First Degree in violation of MN Statute: §609.221.1; 609.05.1 Maximum Sentence: 20 years or $35,000 fine, or both

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Cindarion De'Angelo Butler

Co. Atty. Complaint No.: 2125460-1

Court File No.:

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COUNT 3 On or about the 4th day of August, 2013, in Ramsey County, Minnesota, the defendant, CINDARION DE'ANGELO BUTLER, did unlawfully and intentionally, commit the crime of Aggravated Robbery in the First Degree for the benefit of, at the direction of, in association with, or motivated by involvement with a criminal gang, with intent to promote, further, or assist in criminal conduct by gang members. Said acts constituting the offense of Crime for Benefit of Gang in violation of MN Statute: §609.229.2; 609.229.3(a) Maximum Sentence: 25 years COUNT 4 On or about the 4th day of August, 2013, in Ramsey County, Minnesota, the defendant, CINDARION DE'ANGELO BUTLER, aiding and abetting and being aided and abetted by another, did unlawfully and intentionally, having knowledge of not being entitled thereto, take from the person or in the presence of another personal property, and used or threatened the imminent use of force against a person to overcome resistance to or compel acquiescence in the taking or carrying away of the property, and while committing the robbery inflicted bodily harm upon another, Said acts constituting the offense of Aggravated Robbery in the First Degree in violation of MN Statute: §609.245.1; 609.05.1 Maximum Sentence: 20 years or $35,000 fine, or both

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Cindarion De'Angelo Butler

Co. Atty. Complaint No.: 2125460-1

Court File No.:

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STATEMENT OF PROBABLE CAUSE Petitioner states that the following facts establish probable cause: On August 4, 2013, at approximately 23:40 hours, St. Paul police officer Dan Michener was in his squad leaving the East District Office located at Payne and Reaney Avenues in St. Paul, Ramsey County, when he was hailed by a man who told him that there was a large fight going on in the street nearby. Officer Michener drove to the area of Minnehaha and Payne. There were approximately 40-50 juveniles and young adults in the area. Many of whom ran as he approached in his squad car. He saw a male on ground. His legs and arms were spread out and he was lying on his back. His pants were off and his shirt torn. He had blood coming from his nose and mouth and was unresponsive. Medics were called to the scene. The man, later identified as R.D.W., age 26 yrs, was taken to Regions hospital. He was admitted and found to have severe and potentially fatal brain swelling. As of August 8th, the prognosis for recovery is slight and should he live, he will suffer permanent and protracted loss of brain function. St. Paul police officers assisting Officer Michener, identified several persons who were present in the vicinity where R.D.W. was found. Among the persons interviewed by homicide detectives, was a young woman (witness 1) who told police that she had been present at a party at an address of Preble near Minnehaha Ave. in St. Paul on August 4. She described that some girls at the party started fighting outside and that everyone went outside to watch the fight. She saw numerous people from the party fighting. While this was happening, a young white male walked into the crowd. She described seeing a person she identified as “Bay Bay” hit the man to the head, knocking him down. She saw the man hit the ground hard and his head was bleeding. A second man that she described as having short dreads, wearing a white T-shirt began hitting and stomping on the man. Another man began pulling the man’s pants off. Witness 1 said that the man was hit and beaten for no reason. She believed that the young males hitting, beating and stripping the man were either East Side Boyz or Ham Crazy because she kept hearing them say East Side Boyz or H and M. Witness 1 identified the person who first struck R.D.W. as “Bay-Bay”. “Bay Bay” has been identified as C.R, a juvenile male. C.R. was arrested in connection with the assault, beating and robbery of R.D.W. on August 7th, 2013. Having been given the Miranda Advisory, C.R. admitted that he was at the party but denied having knowledge of any fights. He stated that he was maced and heard a bunch of yelling. On the night of the incident, he was wearing a black shirt. He denied assaulting a man. He also denied having a Facebook page and having a nickname. Witness 1 was also shown a photo taken from a bus video which was recorded on August 4, 2013. Upon review of the photo, she identified the male in the photo as the person who was jumping on the man’s face. This male was later identified as CINDARION DE’ANGELO BUTLER, d.o.b. 11/05/1996. Cindarion Butler was arrested in connection with the assault, beating and robbery of R.D.W. on August 7, 2013. Having been given the Miranda Advisory, Cindarion Butler denied being present at the party. He claimed that he was home on the night of this incident. Sgt. Paul Dunnom showed him the still photo taken from a bus video recorded on August 4, 2013. He denied being the male in the photo. Sgt. Dunnom, however, observed that he strongly resembled the physical descriptions of the male in the photo, and that the pants he had on matched the pants worn by the male in the photo. Specifically, Sgt. Dunnom observed that Cindarion Butler’s pants cut off just below the knee and there was a tear in the pants at the right knee that matched the pants in the photo. In a subsequent interview

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Cindarion De'Angelo Butler

Co. Atty. Complaint No.: 2125460-1

Court File No.:

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on August 8, 2013, Cindarion Butler allowed Sgt. Lambie to look in his phone and his Facebook. “Bay Bay Shystey Lord” was listed as a friend on Cindarion Butler’s Facebook account. A video taken from Bus #7153 (Route 64) on August 4, 2013 shows Cindarion Butler with two females boarding the bus at 23:54:15 hours at Edgerton Street and Reaney Avenue. Cindarion Butler is seen wiping his eyes and one of the females can be heard saying she got maced. Cindarion Butler proceeds to the back of the bus and sits by himself. The two females sit nearby Cindarion Butler. At 23:55:30, one of the females tell Cindarion Butler, “you was fighting with him, you got blood and sh** on your shoes.” Cindarion Butler then looks at his shoes (white tennis shoes) and wipes them. A female is also heard saying, “yeah, that’s blood.” Another witness (witness 2) interviewed by the police on August 6th, described being at the party on Preble and later out in the street around 23:30 hours, when there were girls fighting. This witness described seeing a white male assaulted who had walked into the area. She thought the first person who struck him had hit him with a can in a sock. The man went down and a “whole bunch of little eastside boys” began to kick the man. She saw someone take his wallet and strip him of his pants. This witness described trying to protect the man from the numerous people kicking him. Another witness (witness 3) was interviewed by police on August 6th. This witness described being outside of 7xx Preble watching some girls fighting. This witness saw a white male walking into the crowd. This man was struck in the head and then kicked, stomped on and stripped by a bunch of people. Being shown a still picture of a person obtained from cell or i-phones from the night of August 4th, labeled picture #3017, this witness stated that person, had stomped on the man. Picture #3017 is a picture of Issac O’Neal Maiden, d.o.b. 4/29/1994. Issac Maiden was arrested in connection with the assault, beating and robbery of R.D.W. on August 7th, 2013. Having been given the Miranda Advisory, Issac Maiden told Sgt. Lambie that he had been at the party on Preble on August 4, 2013, but left when someone had maced him. He denied assaulting a man. A witness described a person present as macing the assailants to try and stop the assault. Over the course of this investigation, shoes have been taken from several suspects. These sheos will be processed for the presence of any latent evidence. Based on a 9 pt. gang criteria, Issac Maidan and C.R., are known members of the Ham Crazy gang. The East Side Boys is a known and notorious active gang in the City of St. Paul. This gang meets the definition of a criminal gang as set forth in Minn. Stat. 609.229, Subd. 1. The “Ham Crazy” gang consists of members who affiliate with the East Side Boyz and are commonly found associating at gang parties. The beating and robbing of R.D.W. is a crime committed in furtherance of, for the benefit of and/or in association with a criminal gang.

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Cindarion De'Angelo Butler

Co. Atty. Complaint No.: 2125460-1

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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’S NAME: Briana Romo COMPLAINANT’S SIGNATURE: ____________________________________

Subscribed and sworn to before the undersigned this ______ day of _________, 20_____. NAME/TITLE: SIGNATURE:

____________________________________

____________________________________

Being authorized to prosecute the offenses charged, I approve this complaint. Date: 10/15/2013 PROSECUTING ATTORNEY’S SIGNATURE: ____________________________________ Name: Briana Romo Assistant Ramsey County Attorney 345 Wabasha Street North, Suite 120 St. Paul, MN 55102 651-266-3222/kb Attorney Registration #331880

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Cindarion De'Angelo Butler

Co. Atty. Complaint No.: 2125460-1

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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 above-stated offense.

SUMMONS
THEREFORE YOU, THE ABOVE-NAMED DEFENDANT, ARE HEREBY SUMMONED to appear on the ____ day of ____________, 20___ at _______ before the above-named court at _______________________________________________ to answer this complaint. IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued.

Execute in MN Only

WARRANT Execute Nationwide

Execute in Border States

To the Sheriff of the above-named county; or other person authorized to execute this warrant: I hereby order, in the name of the State of Minnesota, that the above-named Defendant be apprehended and arrested without delay and brought promptly before the abovenamed 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.

ORDER OF DETENTION
Since the above-named Defendant is already in custody, I hereby order, subject to bail or conditions of release, that the above-named Defendant continue to be detained pending further proceedings.

Bail: $150,000.00 Conditions of Release:
This complaint, duly subscribed and sworn to, is issued by the undersigned Judicial Officer this ______ day of _____________, 20_____. JUDICIAL OFFICER: NAME: TITLE: SIGNATURE: ___________________________________

Sworn testimony has been given before the Judicial Officer by the following witnesses: COUNTY OF RAMSEY Clerk’s Signature or File Stamp:

STATE OF MINNESOTA STATE OF MINNESOTA Plaintiff, vs. CINDARION DE'ANGELO BUTLER Defendant.
RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this COMPLAINT upon the Defendant herein named. Signature of Authorized Service Agent: _________________________________

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Cindarion De'Angelo Butler

Co. Atty. Complaint No.: 2125460-1

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FINDINGS OF FACT Probable cause found that defendant committed the offenses charged. Ordered defendant's motion to dismiss denied. Plea of not guilty to all counts entered. Trial and hearing on all issues set.

Dated: ________________________

_______________________________________ JUDGE OF DISTRICT COURT

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Cindarion De'Angelo Butler

Co. Atty. Complaint No.: 2125460-1

Court File No.:

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DEFENDANT DATA / CHARGE SHEET – ATTACHMENT A

DEFENDANT NAME: CINDARION DE'ANGELO BUTLER
Defendant alias name(s): Lindarion Deangelo Butler Cindarion D'Angelo Butler Cindarion DeAnglo Butler Cidarion Butler Defendant last known address: State ID: Fingerprint ID: FBI ID: St. Paul PD ID: Offender ID: 767 Livingston Street St. Paul, MN 55107

DOB: 11/05/1996
Alias DOB(s):

635260

OTHER DEFENDANT / CASE IDENTIFIERS:
Fingerprinted? No Yes Yes (Issuing Agency: ) No Handgun permit? Location of violation: IF DRIVING OFFENSE: Driver's License Number: License Plate Number: Accident Type: No injury/no damage check all that apply Personal Injury Blood Alcohol Concentration (BAC):

Issuing State: Issuing State: Property Damage Fatality

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Cindarion De'Angelo Butler

Co. Atty. Complaint No.: 2125460-1

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FELONY ORDER OF DETENTION COMPLAINT CERTIFIED JUVENILE CT OFFENSE STATUTE STATUTE NO DATE TYPE NBR STATUTE DESCRIPTION OFFENSE LEVEL MOC G O C AGENCY ORI CN NBR FUNCTION

1 08/04/2013

Charge Penalty

609.229.2 609.229.3(a)

Penalty

609.229.4(a)

Crime committed for Benefit of a Gang-Crime Crime Committed for Benefit of Gang-Commit Felony Crime Committed for Benefit of Gang-Mand. Min. Penalty Assault-1st Degree-Great Bodily Harm Liability for Crimes of Another-Intentional Crime committed for Benefit of a Gang-Crime Crime Committed for Benefit of Gang-Commit Felony Aggravated Robbery-1st Degree Liability for Crimes of Another-Intentional

F

M8301

N St. Paul Police Dept. ORI - MN0620900 CN - 13164519 Charging

2 08/04/2013

Charge

609.221.1

F

A1153

Definition 609.05.1 3 08/04/2013 Charge Penalty 609.229.2 609.229.3(a)

X St. Paul Police Dept. ORI - MN0620900 CN - 13164519 Charging N St. Paul Police Dept. ORI - MN0620900 CN - 13164519 Charging X St. Paul Police Dept. ORI - MN0620900 CN - 13164519 Charging

F

M8301

4 08/04/2013

Charge

609.245.1

F

R1153

Definition 609.05.1

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