christopher trautman criminal complaint

11
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 - Operate Motor Vehicle in Grossly Negligent Mann Minnesota Statute: 609.21.1(1), with reference to: 609.21.1a(a) Maximum Sentence: 10 years in prison, a $20,000 fine, or both (MSG SL 8) Offense Level: Felony Offense Date (on or about): 11/27/2010 Control #(ICR#): 10083259 Charge Description: On or about November 27, 2010, within the County of Olmsted, Christopher Allen Trautman did wrongfully, unlawfully and feloniously, cause the death of a human being, to-wit: Austin John Melville, as a result of operating a motor vehicle, to-wit: a Honda with Minnesota license plate RUL616, in a grossly negligent manner. COUNT II Charge: Criminal Vehicular Homicide - Operate Vehicle with Negligence - Under Influen Minnesota Statute: 609.21.1(2)(i), with reference to: 609.21.1a(a) Maximum Sentence: 10 years in prison, a $20,000 fine, or both (MSG SL 8) Offense Level: Felony Offense Date (on or about): 11/27/2010 Control #(ICR#): 10083259 Charge Description: On or about November 27, 2010, within the County of Olmsted, Christopher Allen Trautman did wrongfully, unlawfully and feloniously cause the death of a human being, to-wit: Austin John Melville, as a result of operating a motor vehicle, to-wit: a Honda with Minnesota license State of Minnesota District Court County of Olmsted 3rd Judicial District Prosecutor File No. 10083259 Court File No. 55-CR-10-8694 State of Minnesota, Plaintiff, vs. CHRISTOPHER ALLEN TRAUTMAN DOB: 1/9/1978 1838 Kings Drive NW Oronoco, MN 55960 Defendant. COMPLAINT Order of Detention 1

Upload: kstptv

Post on 07-Apr-2015

1.160 views

Category:

Documents


4 download

TRANSCRIPT

Page 1: Christopher Trautman Criminal Complaint

The Complainant submits this complaint to the Court and states that there is probable cause tobelieve Defendant committed the following offense(s):

COUNT I Charge: Criminal Vehicular Homicide - Operate Motor Vehicle in Grossly Negligent MannMinnesota Statute: 609.21.1(1), with reference to: 609.21.1a(a)Maximum Sentence: 10 years in prison, a $20,000 fine, or both (MSG SL 8)Offense Level: Felony Offense Date (on or about): 11/27/2010 Control #(ICR#): 10083259 Charge Description: On or about November 27, 2010, within the County of Olmsted, ChristopherAllen Trautman did wrongfully, unlawfully and feloniously, cause the death of a human being, to-wit:Austin John Melville, as a result of operating a motor vehicle, to-wit: a Honda with Minnesota licenseplate RUL616, in a grossly negligent manner.

COUNT II Charge: Criminal Vehicular Homicide - Operate Vehicle with Negligence - Under InfluenMinnesota Statute: 609.21.1(2)(i), with reference to: 609.21.1a(a)Maximum Sentence: 10 years in prison, a $20,000 fine, or both (MSG SL 8)Offense Level: Felony Offense Date (on or about): 11/27/2010 Control #(ICR#): 10083259 Charge Description: On or about November 27, 2010, within the County of Olmsted, ChristopherAllen Trautman did wrongfully, unlawfully and feloniously cause the death of a human being, to-wit:Austin John Melville, as a result of operating a motor vehicle, to-wit: a Honda with Minnesota license

State of Minnesota District CourtCounty of Olmsted 3rd Judicial District

Prosecutor File No. 10083259Court File No. 55-CR-10-8694

State of Minnesota,

Plaintiff,vs.

CHRISTOPHER ALLEN TRAUTMAN DOB: 1/9/19781838 Kings Drive NWOronoco, MN 55960

Defendant.

COMPLAINTOrder of Detention

1

Page 2: Christopher Trautman Criminal Complaint

plate RUL616, in a negligent manner while under the influence of alcohol. COUNT III

Charge: Criminal Vehicular Homicide - Driver Who Causes Accident Leaves SceneMinnesota Statute: 609.21.1(7), with reference to: 609.21.1a(a)Maximum Sentence: 10 years in prison, a $20,000 fine, or both (MSG SL 8)Offense Level: Felony Offense Date (on or about): 11/27/2010 Control #(ICR#): 10083259 Charge Description: On or about November 27, 2010, within the County of Olmsted, ChristopherAllen Trautman did wrongfully, unlawfully and feloniously cause the death of a human being, to-wit:Austin John Melville, as a result of operating a motor vehicle, to-wit: a Honda with Minnesota licenseplate RUL616, and where the driver who caused the accident left the scene of the accident inviolation of section 169.09, subd. 1 or 6.

COUNT IV Charge: Criminal Vehicular Operation - Operate Motor Vehicle in Grossly Negligent MannMinnesota Statute: 609.21.1(1), with reference to: 609.21.1a(c)Maximum Sentence: 3 years in prison, a $10,000 fine, or both (MSG SL 3)Offense Level: Felony Offense Date (on or about): 11/27/2010 Control #(ICR#): 10083259 Charge Description: On or about November 27, 2010, within the County of Olmsted, ChristopherAllen Trautman did wrongfully, unlawfully and feloniously cause substantial bodily harm to another,to-wit: Rebecca Noelle Dass, as a result of operating a motor vehicle, to-wit: a Honda with Minnesotalicense plate RUL616, in a grossly negligent manner.

COUNT V Charge: Criminal Vehicular Operation - Operate Vehicle with Negligence - Under InfluenMinnesota Statute: 609.21.1(2)(i), with reference to: 609.21.1a(c)Maximum Sentence: 3 years in prison, a $10,000 fine, or both (MSG SL 3)Offense Level: Felony Offense Date (on or about): 11/27/2010 Control #(ICR#): 10083259 Charge Description: On or about November 27, 2010, within the County of Olmsted, ChristopherAllen Trautman did wrongfully, unlawfully and feloniously cause substantial bodily harm to another,to-wit: Rebecca Noelle Dass, as a result of operating a motor vehicle, to-wit: a Honda with Minnesotalicense plate RUL616, in a negligent manner while under the influence of alcohol.

2

Page 3: Christopher Trautman Criminal Complaint

COUNT VI Charge: Criminal Vehicular Operation - Driver Who Causes Accident Leaves SceneMinnesota Statute: 609.21.1(7), with reference to: 609.21.1a(c)Maximum Sentence: 3 years in prison, a $10,000 fine, or both (MSG SL 3)Offense Level: Felony Offense Date (on or about): 11/27/2010 Control #(ICR#): 10083259 Charge Description: On or about November 27, 2010, within the County of Olmsted, ChristopherAllen Trautman did wrongfully, unlawfully and feloniously cause substantial bodily harm to another,to-wit: Rebecca Noelle Dass, as a result of operating a motor vehicle, to-wit: a Honda with Minnesotalicense plate RUL616, and where the driver who caused the accident left the scene of the accident inviolation of section 169.09, subd. 1 or 6.

COUNT VII Charge: Criminal Vehicular Operation - Operate Motor Vehicle in Grossly Negligent MannMinnesota Statute: 609.21.1(1), with reference to: 609.21.1a(c)Maximum Sentence: 3 years in prison, a $10,000 fine, or both (MSG SL 3)Offense Level: Felony Offense Date (on or about): 11/27/2010 Control #(ICR#): 10083259 Charge Description: On or about November 27, 2010, within the County of Olmsted, ChristopherAllen Trautman did wrongfully, unlawfully and feloniously cause substantial bodily harm to another,to-wit: Christopher Patrick Glenski, as a result of operating a motor vehicle, to-wit: a Honda withMinnesota license plate RUL616, in a grossly negligent manner.

COUNT VIII Charge: Criminal Vehicular Operation - Operate Vehicle with Negligence - Under InfluenMinnesota Statute: 609.21.1(2)(i), with reference to: 609.21.1a(c)Maximum Sentence: 3 years in prison, a $10,000 fine, or both (MSG SL 3)Offense Level: Felony Offense Date (on or about): 11/27/2010 Control #(ICR#): 10083259 Charge Description: On or about November 27, 2010, within the County of Olmsted, ChristopherAllen Trautman did wrongfully, unlawfully and feloniously cause substantial bodily harm to another,to-wit: Christopher Patrick Glenski, as a result of operating a motor vehicle, to-wit: a Honda withMinnesota license plate RUL616, in a negligent manner while under the influence of alcohol.

COUNT IX

3

Page 4: Christopher Trautman Criminal Complaint

Charge: Criminal Vehicular Operation - Driver Who Causes Accident Leaves SceneMinnesota Statute: 609.21.1(7), with reference to: 609.21.1a(c)Maximum Sentence: 3 years in prison, a $10,000 fine, or both (MSG SL 3)Offense Level: Felony Offense Date (on or about): 11/27/2010 Control #(ICR#): 10083259 Charge Description: On or about November 27, 2010, within the County of Olmsted, ChristopherAllen Trautman did wrongfully, unlawfully and feloniously cause substantial bodily harm to another,to-wit: Christopher Patrick Glenski, as a result of operating a motor vehicle, to-wit: a Honda withMinnesota license plate RUL616, and where the driver who caused the accident left the scene of theaccident in violation of section 169.09, subd. 1 or 6.

COUNT X Charge: Criminal Vehicular Operation - Operate Motor Vehicle in Grossly Negligent MannMinnesota Statute: 609.21.1(1), with reference to: 609.21.1a(d)Maximum Sentence: 1 year imprisonment or $3,000 fine or bothOffense Level: Gross Misdemeanor Offense Date (on or about): 11/27/2010 Control #(ICR#): 10083259 Charge Description: On or about November 27, 2010, within the County of Olmsted, ChristopherAllen Trautman did wrongfully and unlawfully cause bodily harm to another, to-wit: Tum Chan, as aresult of operating a motor vehicle, to-wit: a Honda with Minnesota license plate RUL616, in a grosslynegligent manner.

COUNT XI Charge: Criminal Vehicular Operation - Operate Vehicle with Negligence - Under InfluenMinnesota Statute: 609.21.1(2)(i), with reference to: 609.21.1a(d)Maximum Sentence: 1 year imprisonment or $3,000 fine or bothOffense Level: Gross Misdemeanor Offense Date (on or about): 11/27/2010 Control #(ICR#): 10083259 Charge Description: On or about November 27, 2010, within the County of Olmsted, ChristopherAllen Trautman did wrongfully and unlawfully cause bodily harm to another, to-wit: Tum Chan, as aresult of operating a motor vehicle, to-wit: a Honda with Minnesota license plate RUL616, in anegligent manner while under the influence of alcohol.

COUNT XII Charge: Criminal Vehicular Operation - Driver Who Causes Accident Leaves Scene

4

Page 5: Christopher Trautman Criminal Complaint

Minnesota Statute: 609.21.1(7), with reference to: 609.21.1a(d)Maximum Sentence: 1 year imprisonment or $3,000 fine or bothOffense Level: Gross Misdemeanor Offense Date (on or about): 11/27/2010 Control #(ICR#): 10083259 Charge Description: On or about November 27, 2010, within the County of Olmsted, ChristopherAllen Trautman did wrongfully and unlawfully cause bodily harm to another, to-wit: Tum Chan, as aresult of operating a motor vehicle, to-wit: a Honda with Minnesota license plate RUL616, and beingthe driver who caused the accident, left the scene of the accident in violation of section 169.09,subdivision 1 or 6.

COUNT XIII Charge: Traffic Accidents - Driver Fail to Stop - DeathMinnesota Statute: 169.09.1, with reference to: 169.09.14(a)(1)Maximum Sentence: 3 years or $5,000 fine or both (MSG SL 2)Offense Level: Felony Offense Date (on or about): 11/27/2010 Control #(ICR#): 10083259 Charge Description: On or about November 27, 2010, within the County of Olmsted, ChristopherAllen Trautman, being the driver of a motor vehicle, to-wit: a Honda with Minnesota license plateRUL616, involved in an accident resulting in immediately demonstrable bodily injury to or death ofany individual, to-wit: Austin John Melville, did wrongfully, unlawfully and feloniously fail toimmediately stop the vehicle at the scene of the accident, or as close to the scene as possible butshall then return to and in every event shall remain at the scene of the accident, until the driver hasfulfilled the requirements of this section as to the giving of information and the accident resulted in thedeath of Austin John Melville.

COUNT XIV Charge: Traffic Accidents - Driver Fail to Stop - InjuryMinnesota Statute: 169.09.1, with reference to: 169.09.14(a)(3)Maximum Sentence: 1 year in jail, a $3,000 fine, or bothOffense Level: Felony Offense Date (on or about): 11/27/2010 Control #(ICR#): 10083259 Charge Description: On or about November 27, 2010, within the County of Olmsted, ChristopherAllen Trautman, being the driver of a motor vehicle, to-wit: a Honda with Minnesota license plateRUL616, involved in an accident resulting in immediately demonstrable bodily injury to or death ofany individual, to-wit: Christopher Patrick Glenski, did wrongfully, unlawfully and feloniously fail toimmediately stop the vehicle at the scene of the accident, or as close to the scene as possible but

5

Page 6: Christopher Trautman Criminal Complaint

shall then return to and in every event shall remain at the scene of the accident, until the driver hasfulfilled the requirements of this section as to the giving of information and the accident resulted insubstantial bodily harm to Christopher Patrick Glenski.

6

Page 7: Christopher Trautman Criminal Complaint

STATEMENT OF PROBABLE CAUSE The Complainant states that the following facts establish probable cause:

Your complainant is an officer employed by the Rochester Police Department. In that capacity, yourcomplainant has reviewed the police reports relating to Christopher Allen Trautman, the above-named defendant, and the allegations contained therein. Based upon that information, yourcomplainant believes the following to be true and correct. At approximately 12:03 AM on November 27, 2010 Officer Novak, Rochester Police Department, wason the sidewalk in front of Club Amsterdam, located at 300 block of South Broadway, Rochester,Olmsted County, Minnesota when he heard a loud impact noise and turned around to observe a smalldark four-door car northbound on South Broadway traveling at a high rate of speed and saw apedestrian fly through the air and land on the sidewalk. Officer Novak also saw another pedestrianhad also been struck and injured. Officer Novak observed that one of the pedestrians, later identifiedas Austin John Melville, DOB 11/02/1987, was laying on the sidewalk, was not moving and was notbreathing. Melville later dies of his injuries. The other pedestrian who was struck (later identified asChristopher Patrick Glenski, DOB 10/25/1988) was moving and was screaming in pain. OfficerNovak spoke to George Mietzner, a witness to the accident, who said that he was driving northboundon South Broadway in the left lane and was approaching Fourth Street with a green traffic light.Mietzner saw two pedestrians westbound in the crosswalk and had to stop his car in the middle of theintersection because the two pedestrians were in the crosswalk directly in front of him. The twopedestrians stopped, turned around and began to head back towards the northeast corner of theintersection when Mietzner saw headlights of a vehicle approaching from behind him in the right lane.Mietzner observed the small dark-colored car that was approaching from behind him swerve andstrike the two pedestrians as they crossed into the right lane of traffic. Mietzner estimates the dark-colored car was traveling 45-50 mph. Other witnesses to the collision saw the car continuenorthbound on Broadway without stopping or slowing down. Officers spoke to Amanda Dale Miner, who stated she was in a car that was southbound onBroadway and had stopped at the Center Street intersection. She saw a vehicle traveling northboundon Broadway and saw a male and female trying to cross the street. She saw the vehicle travelingnorthbound drive straight through the intersection and hit the two pedestrians crossing the street.The vehicle swerved over and stopped. Another witness, Scott Andrew McCabe stated he wastraveling northbound on Broadway and had stopped at the Center Street intersection. He wasstopped in the left lane. He saw vehicle swerve around him and drive through the intersection at avery high rate of speed striking two people that were crossing the street. The woman that was hitroad up on top of the suspect vehicle for a short time before she landed on the ground. He saw thecar involved in the collision stop and the driver got out and ran to the west. He described the driveras wearing a reddish hood, a tan coat and had a goatee. Sergeant Evenson assisted the injuredfemale, later identified as Rebecca Noel Das, DOB 12/28/1986. Sergeant Evenson observed that the

7

Page 8: Christopher Trautman Criminal Complaint

female appeared to have a compound fracture of her right lower leg. The other pedestrian, TumChan, DOB 11/13/1980, was laying to the left rear of MN Lic. RUL-616. Both injured parties weretransported by Gold Cross ambulance to St. Mary's for treatment of their injuries. As of 10:30 AM onNovember 29, 2010 Officer Boynton learned that Chan and Glenski were both scheduled for surgeryto treat their injuries. Officer Swanson, Rochester Police Department, responded to assist and while heading north onBroadway to look for the dark-colored four-door car, he observed a dark green Honda that had justbeen involved in a crash at Center Street and Broadway. The car was MN Lic. RUL-616 and theentire front end was smashed up including the roof and windshield. Officer Swanson spoke to thefemale passenger of this car, Heather Christine Gillund, who stated that she and Christopher AllenTrautman, DOB 01/09/1970, the defendant hereafter, had gone out to dinner. The defendant pickedher up in his car, MN Lic. RUL-616, and they went to Olive Garden where they had a few drinks fordinner. The defendant then decided he wanted to go out to the bars and they went to ClubAmsterdam. They also went to Kathy's Pub. Gillund stated that the defendant was very intoxicatedand she wanted to call a cab because he was too intoxicated to drive. The defendant got mad at herand start calling her names so eventually she got into the passenger seat and the defendant drove.They drove over to the Marion Road area where she insisted that she wanted to go back to herapartment. The defendant decide to go back to her apartment and headed back to Broadway. Thedefendant was driving very fast, over 50 mph or more, and at the intersection by the Holiday Inn thedefendant struck two people crossing the street. She screamed and told the defendant to stop butthe defendant told her that everything was going to be "okay" and that they needed to keep going.The defendant then started driving even faster and within a few seconds the defendant hit anotherperson at a different intersection. She screamed for the defendant to stop and the car veered off afterhitting the last person coming to a stop. She jumped out of the car and ran up to a van and as shedid so she looked over to see that the defendant was had gotten out of the car and had run west.Gillund described the defendant as a white male approximately 5'7" tall and 160 pounds wearing akhaki jacket, a University of Minnesota sweatshirt and blue jeans. Officers began searching the area for the driver of the Honda who had run from the scene. StatePatrol Trooper Willert, assisting in the investigation, observed a white male matching the descriptiongiven of the suspect coming out of the Days Inn, located at the corner of Center Street and 1st Ave.NW. Trooper Willert approached the man and saw that there was blood dripping from his face andthe man had blood all over his hands. The man also had several cuts on his face. The male wasidentified as Christopher Allen Trautman, DOB 01/09/1970. Trooper Willert arrested the man andplaced him in a squad car and transported him to the accident scene at Center Street and NorthBroadway. Two witnesses looked at the suspect and stated that the defendant was the driver of thecar, MN Lic. RUL-616 that they saw run from the accident scene. Officer Gagnon, Rochester PoliceDepartment, assisted in the arrest of the defendant, detected a strong odor of alcoholic beveragesupon the defendant's breath when the defendant was speaking to Trooper Willert. Officer Gagnon,

8

Page 9: Christopher Trautman Criminal Complaint

Rochester Police Department, had the defendant perform Standardized Field Sobriety tests. Thedefendant failed the Horizontal Gaze Nystagmus test. The defendant was unable to perform the walkand turn test as he almost fell backwards into Officer Gagnon's squad car during the instructionalstage. The defendant could not stand on one leg for more than 3 seconds before giving up andstating "I'm drunk." Officer Gagnon then administered a Preliminary Breath Test to the defendant withthe result of .189. The defendant was then placed under arrest and transported to St. Mary's Hospitalfor treatment of his minor cuts. The defendant resisted giving a blood test at the hospital before ablood sample was eventually taken from him. The results of the blood test are pending. NOTICE: YOU MUST APPEAR FOR EVERY COURT HEARING REGARDING THIS CASE.FAILURE TO APPEAR FOR COURT IS A CRIMINAL OFFENSE AND MAY RESULT INADDITIONAL CRIMINAL CHARGES BEING IMPOSED AND PUNISHED AS PROVIDED INMINNESOTA STATUTES SECTION 609.49.

9

Page 10: Christopher Trautman Criminal Complaint

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 otherwisebe dealt with according to law.

Complainant Eric Boynton, #2200101 4th Street SERochester, MN 55904-3761

Signing Officer Anthony TealInvestigator101 4th Street SERochester, MN 55904-3761Badge: 2180

Electronically Signed: 11/29/2010

Subscribed and sworn to before the undersigned.

Notary Public orJudicial Official

Sandra SchulzNotary Public, County of Olmsted101 4th Street SERochester, MN 55904-3761Notary ID: 6126304

Commission expires: 01/31/2015Electronically Signed: 11/29/2010

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

Prosecuting Attorney James S. MartinsonChief Deputy151 4th Street SE, Apt/UnitGovernment Center - 3rd FloorRochester, MN 55904

Electronically Signed: 11/29/2010

10

Page 11: Christopher Trautman Criminal Complaint

FINDING OF PROBABLE CAUSEFrom 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’sdetention, if already in custody, pending further proceedings. Defendant is therefore charged with the above-statedoffense(s).

THEREFORE YOU, THE DEFENDANT, ARE SUMMONED to appear on ________ ___, _____ at _____AM/PM before the above-named court at 151 Fourth Street SE, Rochester, MN 55904 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 above-named county; or other person authorized to execute this warrant: I order, in the name ofthe State of Minnesota, that the Defendant be apprehended and arrested without delay and brought promptly beforethe court (if in session), and if not, before a Judge or Judicial Officer of such court without unnecessary delay, and inany event not later than 36 hours after the arrest or as soon as such Judge or Judicial Officer is available to be dealtwith according to law.

Since the Defendant is already in custody, I order, subject to bail or conditions of release, that the Defendant continueto be detained pending further proceedings. Bail: $Conditions of Release:

This complaint is issued by the undersigned Judge as of the following date: November 29, 2010.

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

SUMMONS

WARRANT

Execute in MN Only Execute Nationwide Execute in Border States

X ORDER OF DETENTION

Judicial Officer Robert BirnbaumDistrict Court Judge

Electronically Signed: 11/29/2010

COUNTY OF OLMSTEDSTATE OF MINNESOTA

State of MinnesotaPlaintiff

vs.

Christopher Allen TrautmanDefendant

Clerk's Signature or File Stamp:

RETURN OF SERVICEI hereby Certify and Return that I have served a copy of this

Order of Detention upon the Defendant herein named.

Signature of Authorized Service Agent:

11