The undersigned, under penalty of perjury, complains and says that on or about

Date Filed:

Arrest Date:

Docket #:

City/Zip:D.O.B.:

, In the County/City of

NO.

-- VS --

Driver Lic.#:

CRIME:

STATE OF NEW MEXICO

COURT

S.S.N.:

, State of New Mexico, the above named Defendant(s) did:

Citation.#:

(Common name of Offense or Offenses)

CRIMINAL COMPLAINT

Name:

CITY

STN #:

COUNTY

IN THE

Arrest #:

Address:

15-004482 MM

SANTA FE

SANTA FE

MAGISTRATE09

03/30/2015

ENGLANDER CHRISTIAN

SANTA FE NM 87501 15-004482 MM

03/30/2015

BATTERY, DISORDERLY CONDUCT

03/30/2015 SANTA FE

Contrary to Section

Offense, Desc :30-3-4 NMSA 1978.

BATTERY

Contrary to Section

Offense, Desc :30-20-1A NMSA 1978.

DISORDERLY CONDUCT

COUNT I: BATTERY, IN THAT ON OR ABOUT THE 30TH DAY OF MARCH, 20015, IN CITY OF SANTA FE, SANTA FE COUNTY, NEW MEXICO, THE ABOVE-NAMED DEFENDANT DID UNLAWFULLY AND INTENTIONALLY TOUCH OR APPLY FORCE TO THE PERSON OF MR. DAVE CHAPPELLE, IN A RUDE, INSOLENT OR ANGRY MANNER, CONTRARY TO NMSA 1978, 30-03-04.

COUNT II: DISORDERLY CONDUCT , IN THAT ON OR ABOUT THE 30TH DAY OF MARCH, 20015, IN CITY OF SANTA FE, SANTA FE COUNTY, NEW MEXICO, THE ABOVE NAMED DEFENDANT DID ENGAGE IN VIOLENT, ABUSIVE, INDECENT, PROFANE, BOISTEROUS, UNREASONABLY LOUD OR OTHERWISE DISORDERLY CONDUCT, WHICH TENDED TO DISTURB, THE PEACE, CONTRARY TO NMSA 1978, SECTION 30 20 1A

ON MONDAY, MARCH 30TH, 2015 AT ABOUT 11:23PM I RESPONDED TO 211 WEST SAN FRANCISCO STREET (THE LENSIC THEATER) SANTA FE, NEW MEXICO IN REFERENCE TO A DISORDERLY CONDUCT.

UPON MY ARRIVAL AT APPROXIMATELY 11:25PM, I MADE CONTACT WITH A MALE SUBJECT WHO IDENTIFIED HIMSELF AS MR. GEOFFREY WILLS. MR. WILLS STATED HE IS A PROMOTER FOR COMEDIAN MR. DAVE CHAPPELLE IN WHICH MR. CHAPPELLE WAS PERFORMING LIVE ON STAGE AT THE LENSIC THEATER. MR. WILLS STATED DURING THE SHOW, A MALE SUBJECT IN THE AUDIENCE WHO WAS LATER IDENTIFIED AS MR. ENGLANDERS THREW A " BANANA PEEL" ONTO THE STAGE, AT MR. CHAPPELLE AND STRUCK MR. CHAPPELLE ON THE LEG. THE SUSPECTS ABUSIVE AND VIOLENT ACTIONS DISRUPTED THE LIVE PERFORMANCE AND UPSET THE CROWD. MR. WILLS STATED THE MALE SUBJECT WAS ESCORTED OUT OF THE LENSIC THEATER AND LAW ENFORCEMENT WAS CONTACTED SHORTLY AFTER.

I THEN SPOKE TO THE MALE SUBJECT, WHO WAS STANDING OUTSIDE THE LENSIC THEATER, AND APPEARED TO BE HIGHLY INTOXICATED. THE MALE SUBJECT IDENTIFIED HIMSELF AS MR. CHRISTIAN ENGLANDER. MR. ENGLANDER WAS ADVISED OF HIS CONSTITUTIONAL RIGHTS AS PER MIRANDA. MR. ENGLANDER STATED HE GOT TICKETS TO ATTEND THE DAVE CHAPPELLE COMEDY SHOW AND PRIOR TO ARRIVING AT THE LENSIC THEATER, HE AND A FRIEND STOPPED AT THE "ALLSUPS" CONVENIENCE STORE LOCATED AT 650 CERRILLOS ROAD SANTA FE, NM. MR. ENGLANDER ADVISED HE PURCHASED A SHOT OF "99 BANANAS" (A ALCOHOLIC BEVERAGE) AND A SINGLE "BANANA". MR. ENGLANDER STATED HE THEN PROCEEDED TO THE THEATER AND WHILE AT THE THEATER ATE THE BANANA AS HE STOOD IN LINE WAITING TO ENTER THE LENSIC THEATER. MR. ENGLANDER ADVISED AFTER HE WAS DONE EATING THE "BANANA" HE PUT THE BANANA PEEL IN HIS BACK POCKET.

MR. ENGLANDER STATED DURING THE SHOW, HIS FRIEND BEGAN TO A DRAW IN A BOOK. MR. ENGLANDER SAID MR. CHAPPELLE NOTICED HIS FRIEND DRAWING IN THE BOOK AND AT THAT POINT SINGLED HIS FRIEND OUT AND ASKED TO SEE HIS DRAWING BOOK. MR. ENGLANDER STATED MR. CHAPPELLE COMPLIMENTED HIS FRIEND ON THE DRAWING AND ASKED FOR HIS NAME. MR. ENGLANDER ADVISED HIS FRIEND TOLD MR. CHAPPELLE HIS NAME WAS "JOHNNY APPLESEED" AND MR. CHAPPELLE CONTINUED ON WITH HIS COMEDY SKIT IN RELATION TO THE NAME GIVEN BY MR. ENGLANDER'S FRIEND.

MR. ENGLANDER ADVISED HE DID NOT APPRECIATE THE JOKES MR. CHAPPELLE WAS SAYING ABOUT HIS FRIEND BECAUSE HE FELT THEY WERE RACIST. MR. ENGLANDER STATED HE STOOD UP FROM HIS SEAT, RETRIEVED THE BANANA FROM HIS POCKET AND THREW THE BANANA PEEL AT MR. CHAPPELLE STRIKING HIM IN THE LEG WHILE MR. CHAPPELLE WAS ON STAGE PERFORMING HIS COMEDY SKIT. MR. ENGLANDER ADVISED HE WAS THEN ESCORTED OUT OF THE BUILDING AND WAS TOLD NOT TO COME BACK.

SHORTLY AFTER ISSUING MR. ENGLANDER A TRESPASS FORM, I WAS ADVISED BY SERGEANT AARON ORTIZ THAT THE LENSIC THEATER WAS A LICENSED LIQUOR ESTABLISHMENT AND THEY WERE SERVING LIQUOR DURING THE EVENT. I THEN PLACED MR. ENGLANDER UNDER ARREST FOR BATTERY, PURSUANT TO THE PROVISIONS IN NEW MEXICO STATE STATUE SECTION 30-3-6(B) AND ALSO CHARGED MR. ENGLANDER WITH DISORDERLY CONDUCT. MR. ENGLANDER WAS THEN TRANSPORTED TO THE SANTA FE POLICE DEPARTMENT.

COUNT I: BATTERY, IN THAT ON OR ABOUT THE 30TH DAY OF MARCH, 20015, IN CITY OF SANTA FE, SANTA FE COUNTY, NEW MEXICO, THE ABOVE-NAMED DEFENDANT DID UNLAWFULLY AND INTENTIONALLY TOUCH OR APPLY FORCE TO THE PERSON OF MR. DAVE CHAPPELLE, IN A RUDE, INSOLENT OR ANGRY MANNER, CONTRARY TO NMSA 1978, 30-03-04.

COUNT II: DISORDERLY CONDUCT , IN THAT ON OR ABOUT THE 30TH DAY OF MARCH, 20015, IN CITY OF SANTA FE, SANTA FE COUNTY, NEW MEXICO, THE ABOVE NAMED DEFENDANT DID ENGAGE IN VIOLENT, ABUSIVE, INDECENT, PROFANE, BOISTEROUS, UNREASONABLY LOUD OR OTHERWISE DISORDERLY CONDUCT, WHICH TENDED TO DISTURB, THE PEACE, CONTRARY TO NMSA 1978, SECTION 30 20 1A

ON MONDAY, MARCH 30TH, 2015 AT ABOUT 11:23PM I RESPONDED TO 211 WEST SAN FRANCISCO STREET (THE LENSIC THEATER) SANTA FE, NEW MEXICO IN REFERENCE TO A DISORDERLY CONDUCT.

UPON MY ARRIVAL AT APPROXIMATELY 11:25PM, I MADE CONTACT WITH A MALE SUBJECT WHO IDENTIFIED HIMSELF AS MR. GEOFFREY WILLS. MR. WILLS STATED HE IS A PROMOTER FOR COMEDIAN MR. DAVE CHAPPELLE IN WHICH MR. CHAPPELLE WAS PERFORMING LIVE ON STAGE AT THE LENSIC THEATER. MR. WILLS STATED DURING THE SHOW, A MALE SUBJECT IN THE AUDIENCE WHO WAS LATER IDENTIFIED AS MR. ENGLANDERS THREW A " BANANA PEEL" ONTO THE STAGE, AT MR. CHAPPELLE AND STRUCK MR. CHAPPELLE ON THE LEG. THE SUSPECTS ABUSIVE AND VIOLENT ACTIONS DISRUPTED THE LIVE PERFORMANCE AND UPSET THE CROWD. MR. WILLS STATED THE MALE SUBJECT WAS ESCORTED OUT OF THE LENSIC THEATER AND LAW ENFORCEMENT WAS CONTACTED SHORTLY AFTER.

I THEN SPOKE TO THE MALE SUBJECT, WHO WAS STANDING OUTSIDE THE LENSIC THEATER, AND APPEARED TO BE HIGHLY INTOXICATED. THE MALE SUBJECT IDENTIFIED HIMSELF AS MR. CHRISTIAN ENGLANDER. MR. ENGLANDER WAS ADVISED OF HIS CONSTITUTIONAL RIGHTS AS PER MIRANDA. MR. ENGLANDER STATED HE GOT TICKETS TO ATTEND THE DAVE CHAPPELLE COMEDY SHOW AND PRIOR TO ARRIVING AT THE LENSIC THEATER, HE AND A FRIEND STOPPED AT THE "ALLSUPS" CONVENIENCE STORE LOCATED AT 650 CERRILLOS ROAD SANTA FE, NM. MR. ENGLANDER ADVISED HE PURCHASED A SHOT OF "99 BANANAS" (A ALCOHOLIC BEVERAGE) AND A SINGLE "BANANA". MR. ENGLANDER STATED HE THEN PROCEEDED TO THE THEATER AND WHILE AT THE THEATER ATE THE BANANA AS HE STOOD IN LINE WAITING TO ENTER THE LENSIC THEATER. MR. ENGLANDER ADVISED AFTER HE WAS DONE EATING THE "BANANA" HE PUT THE BANANA PEEL IN HIS BACK POCKET.

MR. ENGLANDER STATED DURING THE SHOW, HIS FRIEND BEGAN TO A DRAW IN A BOOK. MR. ENGLANDER SAID MR. CHAPPELLE NOTICED HIS FRIEND DRAWING IN THE BOOK AND AT THAT POINT SINGLED HIS FRIEND OUT AND ASKED TO SEE HIS DRAWING BOOK. MR. ENGLANDER STATED MR. CHAPPELLE COMPLIMENTED HIS FRIEND ON THE DRAWING AND ASKED FOR HIS NAME. MR. ENGLANDER ADVISED HIS FRIEND TOLD MR. CHAPPELLE HIS NAME WAS "JOHNNY APPLESEED" AND MR. CHAPPELLE CONTINUED ON WITH HIS COMEDY SKIT IN RELATION TO THE NAME GIVEN BY MR. ENGLANDER'S FRIEND.

MR. ENGLANDER ADVISED HE DID NOT APPRECIATE THE JOKES MR. CHAPPELLE WAS SAYING ABOUT HIS FRIEND BECAUSE HE FELT THEY WERE RACIST. MR. ENGLANDER STATED HE STOOD UP FROM HIS SEAT, RETRIEVED THE BANANA FROM HIS POCKET AND THREW THE BANANA PEEL AT MR. CHAPPELLE STRIKING HIM IN THE LEG WHILE MR. CHAPPELLE WAS ON STAGE PERFORMING HIS COMEDY SKIT. MR. ENGLANDER ADVISED HE WAS THEN ESCORTED OUT OF THE BUILDING AND WAS TOLD NOT TO COME BACK.

SHORTLY AFTER ISSUING MR. ENGLANDER A TRESPASS FORM, I WAS ADVISED BY SERGEANT AARON ORTIZ THAT THE LENSIC THEATER WAS A LICENSED LIQUOR ESTABLISHMENT AND THEY WERE SERVING LIQUOR DURING THE EVENT. I THEN PLACED MR. ENGLANDER UNDER ARREST FOR BATTERY, PURSUANT TO THE PROVISIONS IN NEW MEXICO STATE STATUE SECTION 30-3-6(B) AND ALSO CHARGED MR. ENGLANDER WITH DISORDERLY CONDUCT. MR. ENGLANDER WAS THEN TRANSPORTED TO THE SANTA FE POLICE DEPARTMENT.

MR. ENGLANDER APPEARED TO BE UNAPOLOGETIC AND MADE SEVERAL STATEMENTS WHICH APPEARED TO BE RACIALLY MOTIVATED. AT ONE POINT, MR. ENGLANDER STATED, WHILE SMILING AND LAUGHING, "MAYBE I SHOULD HAVE HANDED YOU (MR. CHAPPELLE) THE BANANA INSTEAD"

MR. CHAPPELLE MET WITH SERGEANT ORTIZ AND I AND STATED HE WISHED TO FOLLOW THROUGH WITH CHARGES AGAINST MR. ENGLANDER. HE STATED IT APPEARED TO HIM MR. ENGLANDER WAS NOT REMORSEFUL FOR WHAT HE DID AND BELIEVED IT WAS A JOKE AND WAS RACIALLY MOTIVATED.

MR. ENGLANDER WAS LATER TRANSPORTED TO THE SANTA FE COUNTY ADULT DETENTION CENTER WERE HE WAS BOOKED ACCORDINGLY.

GERALD LOVATOPOLICE OFFICER IIIL2976

MR. ENGLANDER APPEARED TO BE UNAPOLOGETIC AND MADE SEVERAL STATEMENTS WHICH APPEARED TO BE RACIALLY MOTIVATED. AT ONE POINT, MR. ENGLANDER STATED, WHILE SMILING AND LAUGHING, "MAYBE I SHOULD HAVE HANDED YOU (MR. CHAPPELLE) THE BANANA INSTEAD"

MR. CHAPPELLE MET WITH SERGEANT ORTIZ AND I AND STATED HE WISHED TO FOLLOW THROUGH WITH CHARGES AGAINST MR. ENGLANDER. HE STATED IT APPEARED TO HIM MR. ENGLANDER WAS NOT REMORSEFUL FOR WHAT HE DID AND BELIEVED IT WAS A JOKE AND WAS RACIALLY MOTIVATED.

MR. ENGLANDER WAS LATER TRANSPORTED TO THE SANTA FE COUNTY ADULT DETENTION CENTER WERE HE WAS BOOKED ACCORDINGLY.

GERALD LOVATOPOLICE OFFICER IIIL2976

DISTRICT ATTORNEY OR LAW ENFORCEMENT OFFICER

I SWEAR OR AFFIRM UNDER PENALTY OF PERJURY THAT THE FACTS SET FORTH ABOVE ARE TRUE TO THEBEST OF MY INFORMATION AND BELIEF. I UNDERSTAND THAT IT IS A CRIMINAL OFFENSE, SUBJECT TO THEPENALTY OF IMPRISONMENT TO MAKE FALSE STATEMENT IN A CRIMINAL COMPLAINT.

Approved

This complaint may not be filed without the prior payment of a filing fee, unless approved by the District Attorney or a law enforcement officer authorizedto serve an Arrest or Search Warrant. Approval of the district attorney or a law enforcement officer is not otherwise required.

Complainant

[As amended, approved by the Supreme Court of New Mexico, effective September 1, 1990; April 1, 1991; November 1, 1991.]

Title(if any)

Agency(if any)

2976

SANTA FE POLICE DEPARTMENT

It is ordered that the defendant shall be released:

on personal recognizance.

on the conditions of release set forth in the release order.

Failure to Make Showing of Probable Cause

I find that probable cause has not been shown that a crime has been committed and that the above named defendant committed it . It is thereforeordered that the complaint against the defendant be and the same is hereby dismissed without prejudice and the defendant be immediatelydischarged from custody.

Date

Unless the defendant has been released on personal recognizance, the amount of bail set and any conditions of release prescribed by a designee mustalso be reviewed.

PROBABLE CAUSE DETERMINATION(For use only if the defendant has been arrestedwithout a warrant and has not been released)

Judge

Finding of Probable Cause

[Approved by the Supreme Court of New Mexico, effective September 1,1990.]

I find that there is awritten showing of probable cause to believe that a crime has been committed and that the above named defendant committedit.