5
State of Minnesota District Court County of Hennepin 4th Judicial District 14A22698 Prosecutor File No. 27CR148400 Court File No. State of Minnesota, COMPLAINT Plaintiff, Order of Detention vs. MICHAEL DAVID HENDERSON DOB: 03/19/1989 6304 DUPONT AVENUE SOUTH RICHFIELD, MN 55423 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: Murder 2nd Degree With IntentNot Premeditated Minnesota Statute: 609.19.1(1), with reference to: 609.19.1(1), 609.11.5(a), 609.17.4(2) Maximum Sentence: 20 YEARS Offense Level: Felony Offense Date (on or about): 03/25/2014 Control #(ICR#): 14002856 Charge Description: That on or about 03/25/2014, in Hennepin County, Minnesota, Michael David Henderson, attempted to cause the death of Victim 2, a human being, with intent to effect the death of that person or another, but without premeditation, while using a firearm. Minimum Sentence: 3 YEARS COUNT II Charge: Murder 2nd Degree With IntentNot Premeditated Minnesota Statute: 609.19.1(1), with reference to: 609.19.1(1), 609.11.5(a), 609.17.4(2) Maximum Sentence: 40 YEARS, HALF OF Offense Level: Felony Offense Date (on or about): 03/25/2014 Control #(ICR#): 14002856 Charge Description: That on or about 03/25/2014, in Hennepin County, Minnesota, Michael David Henderson, attempted to cause the death of Victim 3, a human being, with intent to effect the death of that person or another, but without premeditation, while using a firearm. Minimum Sentence: 3 YEARS 1

Charges against Michael David Henderson

Embed Size (px)

DESCRIPTION

This Hennepin County District Court complaint details the crimes allegedly committed by Michael David Henderson on March 25, 2014. He stands accused of stealing thousands of dollars from the Bloomington Sam's Club where he had been employed in an armed robbery; he allegedly pointed a .22 caliber handgun at three employees during the robbery. Two of the employees told police that Henderson pulled the gun's trigger but that it didn't fire. After a chase, police captured Henderson. They also found a Beretta .22 semiautomatic handgun with seven live rounds and a dimpled spent casing in the chamber.

Citation preview

Page 1: Charges against Michael David Henderson

State of Minnesota District CourtCounty of Hennepin 4th Judicial District

14A22698Prosecutor File No.27­CR­14­8400Court File No.

State of Minnesota, COMPLAINT

Plaintiff, Order of Detention

vs.

MICHAEL DAVID HENDERSON DOB: 03/19/1989

6304 DUPONT AVENUE SOUTHRICHFIELD, MN 55423

Defendant.

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

COUNT I

Charge: Murder ­ 2nd Degree ­ With Intent­Not PremeditatedMinnesota Statute: 609.19.1(1), with reference to: 609.19.1(1), 609.11.5(a), 609.17.4(2)Maximum Sentence: 20 YEARSOffense Level: Felony

Offense Date (on or about): 03/25/2014

Control #(ICR#): 14002856

Charge Description: That on or about 03/25/2014, in Hennepin County, Minnesota, Michael DavidHenderson, attempted to cause the death of Victim 2, a human being, with intent to effect the death ofthat person or another, but without premeditation, while using a firearm.

Minimum Sentence: 3 YEARS

COUNT II

Charge: Murder ­ 2nd Degree ­ With Intent­Not PremeditatedMinnesota Statute: 609.19.1(1), with reference to: 609.19.1(1), 609.11.5(a), 609.17.4(2)Maximum Sentence: 40 YEARS, HALF OFOffense Level: Felony

Offense Date (on or about): 03/25/2014

Control #(ICR#): 14002856

Charge Description: That on or about 03/25/2014, in Hennepin County, Minnesota, Michael DavidHenderson, attempted to cause the death of Victim 3, a human being, with intent to effect the death ofthat person or another, but without premeditation, while using a firearm.

Minimum Sentence: 3 YEARS1

Page 2: Charges against Michael David Henderson

COUNT III

Charge: Aggravated Robbery­1st DegreeMinnesota Statute: 609.245.1, with reference to: 609.245.1, 609.11.5(a)Maximum Sentence: 20 YEARS AND/OR $35,000Offense Level: Felony

Offense Date (on or about): 03/25/2014

Control #(ICR#): 14002856

Charge Description: That on or about 03/25/2014, in Hennepin County, Minnesota, Michael DavidHenderson, took property from the person or in the presence of Victim 1, knowing that he was notentitled to the property and used and/or threatened the imminent use of force against Victim 1 toovercome his resistance or powers of resistance to or to compel acquiescence in the taking or carryingaway of the property, while using a firearm. Minimum Sentence: 3 YEARS

COUNT IV

Charge: Aggravated Robbery­1st DegreeMinnesota Statute: 609.245.1, with reference to: 609.245.1, 609.11.5(a), 609.17.4(2)Maximum Sentence: 20 YEARS AND/OR $35,000, HALF OFOffense Level: Felony

Offense Date (on or about): 03/25/2014

Control #(ICR#): 14002856

Charge Description: That on or about 03/25/2014, in Hennepin County, Minnesota, Michael DavidHenderson, attempted to take personal property from the person or in the presence of Victim 4, knowingthat he was not entitled to the property and used and/or threatened the imminent use of force againstVictim 4 to overcome his resistance or powers of resistance to or to compel acquiescence in the takingor carrying away of the property, while using a firearm.

Minimum Sentence: 3 YEARS

COUNT V

Charge: Assault­2nd Degree­Dangerous WeaponMinnesota Statute: 609.222.1, with reference to: 609.222.1, 609.11.5(a), 609.101.2Maximum Sentence: 7 YEARS AND/OR $4,200­$14,000Offense Level: Felony

Offense Date (on or about): 03/25/2014

Control #(ICR#): 14002856

Charge Description: That on or about 03/25/2014, in Hennepin County, Minnesota, Michael DavidHenderson, assaulted Victim 4, while using a firearm. Minimum Sentence: 3 YEARS

2

Page 3: Charges against Michael David Henderson

STATEMENT OF PROBABLE CAUSE

Your Complainant is an officer with the Bloomington Police Department and has investigated the facts and circumstances of this offense and believes the following establishes probable cause: On March 25, 2014 at approximately 9:00 p.m., Bloomington Police responded to the Sam's Club, located at 200 American Boulevard, Bloomington, Hennepin County, pursuant to a report of an armed robbery. Upon arrival, officers learned that a short black male wearing a blue Sam's Club vest and ski mask had entered the store and used a small black handgun to rob the store of approximately $10,000. The suspect, later identified as MICHAEL DAVID HENDERSON, Defendant herein, ran out of the store towards the railroad tracks behind the store. Richfield Police also responded to the scene and observed the Defendant running on the railroad tracks and attempted to stop him, but he continued running, dropping several items along the way. With officers from both departments in pursuit, the Defendant jumped a fence and went down an embankment of approximately 20 feet onto Hwy. 494. The Defendant then attempted to take several vehicles at gun point, but was unsuccessful. Defendant then ran on to an off ramp on Nicollet Avenue South, where he was ultimately taken into custody. Officers spoke with the Assistant Store Manager of the Sam's Club, identified as Victim 1. Victim 1 said that the Defendant approached him and asked to be let into the cash room to drop of his radio. Victim 1 told Defendant he didn't need to go into the cash room, but only the "count down" room. Defendant punched a code that allowed him access to the "count down" room and Victim 1 followed him. At this point, Defendant turned toward Victim 1 and pointed a gun at him. Victim 1 stated that he thought the gun was fake and pushed it away. The Defendant then said he would shoot Victim 1 if he didn't take him into the cash room. Victim 1 then took Defendant into the cash room where Defendant forced Victim 1 to open the safe. Victim 1, fearing for his life, then opened the safe and put the money into a bag Defendant had with him. Defendant then fled and Victim 1 called 911. As Defendant left the store, he encountered an employee whose job it is to check customers' bags on their way out of the store. This employee, identified as Victim 2, asked Defendant to allow him to check his bag. Another employee, identified as Victim 3, was standing at the door. Victim 3 recognized the Defendant's voice from Defendant being a former employee of the store. The Defendant then pointed his gun at both Victims 2 and 3 and pulled the trigger. Both Victims heard the gun click, but it did not fire. The Defendant pulled the trigger again, but it did not fire. Defendant then ran out of the building. Bloomington Police also received a report from an individual whom the Defendant tried to rob of his vehicle. This individual, identified as Victim 4, told officers that he had been on an entrance ramp to westbound Hwy. 494 when he saw the Defendant standing on the ramp and he thought the Defendant needed help of some sort. As he approached the Defendant, the Defendant approached his vehicle and pointed a gun at his face. Victim 4 further stated that he could not move his vehicle, due to other traffic. Victim 4 stated that he knew he was going to be shot, so he ducked down close under the steering wheel and accelerated without really being able to see where he was going. Officers recovered the gun, which was a Beretta .22 semiautomatic handgun. It contained seven live rounds and a dimpled spent casing in the chamber. Defendant is in custody.

3

Page 4: Charges against Michael David Henderson

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 Tracy Martin Electronically Signed: 3/27/2014Detective1800 W Old Shakopee RdBloomington, MN 55431Badge: 212

Subscribed and sworn to before the undersigned.

Notary Public orJudicial Official

Electronically Signed: 3/27/2014George Harms, Peace OfficerLicense Number: 15941,Hennepin County, Minnesota.My license expires: 06/30/2014Detective1800 W Old Shakopee RdBloomington, MN 55431

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

Prosecuting Attorney Electronically Signed: 3/27/2014Deborah L Russell300 S 6th StMinneapolis, MN 55487(612) 348­5550

4

Page 5: Charges against Michael David Henderson

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’s detention, if already in custody,

pending further proceedings. Defendant is therefore charged with the above­stated offense(s).

SUMMONS

THEREFORE YOU, THE DEFENDANT, ARE SUMMONED to appear on ________ ___, _____ at _____ AM/PM before the above-named court at 401 Fourth Avenue S, Minneapolis, MN 55415 to answer this complaint.

IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued.

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.

Execute in MN Only Execute Nationwide Execute in Border States

ORDER OF DETENTIONXSince the Defendant is already in custody, I order, subject to bail or conditions of release, that the Defendant continue to bedetained pending further proceedings.

Bail: $1,000,000.00Conditions of Release: No Contact with Victim; No Possession of Weapons; Make All Appearances; Remain Law Abiding

This complaint is issued by the undersigned Judge as of the following date: March 27, 2014.

Judicial Officer Susan M. RobinerJudge

Electronically Signed: 3/27/2014

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

COUNTY OF HENNEPINSTATE OF MINNESOTA

State of MinnesotaPlaintiff

vs.

Michael David HendersonDefendant

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:

5