Criminal Complaint for Bailey Jordan Garcia

7/21/2019 Criminal Complaint for Bailey Jordan Garcia

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OFFICE OF THE WASHINGTON COUNTY ATTORNEY

PETER J.ORPUT COUNTYATTORNEY

Press Release

Contact: Pete Orput

Phone: 651-430-6115

FOR IMMEDIATE RELEASE

DATE: January 26, 2015

HOMICIDE CHARGES IN DEATH OF OWNER OF MAHTOMEDI BAR

County Attorney Pete Orput today announced the filing of 2ndDegree Murder charges against

Bailey Jordan Garcia, 19, of Pine Springs in the January 23, 2015, shooting death of the ownerof Frigaards Bar in Mahtomedi. Garcia was charged in Washington County District Court this

morning with the unintentional killing during a drive-by shooting, which carries a Minnesota

Guidelines sentence of 261-367 month sentence. Bail was set at $2,000,000.

According to the complaint filed in the case, Garcia, parked near the intersection of Stillwater

Road and Mahtomedi Avenue at about 3:30 a.m. saw the victims truck come up to a stop sign.

Garcia shot at the truck with a 30.06 rifle from his own vehicle and fled the area. He crashed

his vehicle and was later apprehended by Washington County Sheriffs deputies. Preliminary

autopsy reports indicated the victims lungs and aorta were perforated by the gunshot and he

died therefrom.

Orput stated, This matter continues to be under extensive investigation. Our thoughts go out

to the family of the victim of this totally senseless crime. We will use every resource in our

power to bring this defendant to justice.

Complaint attached ####


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State of Minnesota District CouCounty of Washington 10th Judicial Distri

CR-2015-Prosecutor File No.Court File No.

State of Minnesota, COMPLAINT

Plaintiff, Order of Detention

vs.

BAILEY JORDAN GARCIA DOB: 01/07/1996

7380 Pinehurst RoadPine Springs, MN 55115

Defendant.

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

COUNT ICharge: Murder - 2nd Degree - Drive-by ShootingMinnesota Statute: 609.19.1(2)Maximum Sentence: 40 yearsOffense Level: Felony

Offense Date (on or about): 01/24/2015

Control #(ICR#): 15002292

Charge Description: caused the death of a human being, to wit: David Robert Frigaard , while committior attempting to commit a drive-by shooting

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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 is employed by the WashingtonCounty Sheriff's Office. In that capacity, your Complainant states the following to establish probable cause:

On 01-24-2015, at approximately 3:17 a.m., Deputy Wilts was dispatched to the area of the Dugout Bar inthe city of Mahtomedi, Washington County, on a report a loud gunshot or explosion. The caller adviseddispatch that after the gunshot or explosion he heard a vehicle driving away. Deputy Wilts arrived at thearea and did not locate any person injured or damaged property.

At approximately 3:36 a.m., Deputy Wilts was dispatched to the area of Mahtomedi Avenue and MapleStreet for suspicious activity. The caller reported seeing four people gathered around an SUV (MN LIC:067PCJ) that had crashed and had significant damage. Deputies Wilts and Jackson arrived at the sceneand located an SUV with significant damage which may have been caused by the SUV striking a tree.Deputy Wilts observed the rear and front license plate were concealed with what appeared to be a whitepaper towel. Deputy Jackson spoke with F.M., a witness who was standing by the SUV. F.M. stated that shand her friend D.R. found a male, later identified as BAILEY JORDAN GARCIA (DOB: 01-07-1996), thedefendant herein, inside the crashed SUV. F.M. stated that the defendant was acting strange. D.R. statedthat she observed a rifle and ammunition in the front passenger seat. The rifle was later identified as a30.06 Savage Rifle with a scope attached (Ser. # 494474).

Deputy Wilts made contact with the defendant. Deputy Wilts could smell an order of alcoholic beveragecoming from the defendant. The defendant initially stated that he had only consumed one beer. However,the defendant later admitted consuming three beers and one glass of wine. The defendant stated that heheard a gunshot in downtown Mahtomedi and got scared and began to speed away. The defendant statedthat he got into a fight earlier with his brother and father. Deputy Wilts asked the defendant why his license

plates were covered and why he was in possession of a rifle. The defendant then stated that he pulled intoEast Shore Auto and took a shot at a "wolf." The defendant was then transported to Lakeview Hospital forminor injuries sustained from the accident. Inside the vehicle, Deputy Wilts located a spent 30.06 shellcasing lying on the floorboard of the driver's side under the gas pedal, and more ammunition in the driver'sside door compartment. Additionally, a bottle of Captain Morgan's Rum was located with about of liquidin the bottle remaining.

After departing from the scene where the defendant crashed his vehicle, Sgt. Stoehr observed anothervehicle was running in the area of Stillwater Blvd and Highway 244. Sgt. Stoehr saw that the vehicle wentthrough a ditch between Wildwood Beach Road and Mahtomedi Ave, and eventually came to rest into fronof a tree. Both doors were locked however, the passenger side window was rolled down. Deputy Stoehr

observed a bullet hole on the passenger side, directly to the rear of the passenger side window of thevehicle. A male was slumped over the wheel. Medics arrived and pronounced the male driver, lateridentified as D.R.F. (DOB: 08-30-1968), deceased. A preliminary autopsy reports that D.R.F. died as aresult of exsanguination due to perforation of his lungs and aorta due to a gunshot wound to the thorax andconcludes the manner of death as a homicide.

After being treated at the hospital, the defendant was transported to Washington County Jail. Thedefendant stated that he was with his family earlier in the evening. The defendant admitted to consumingaround three beers and a shot of Captain Morgan rum. The defendant stated that around 11:30 p.m. he gointo a fight with his brother. After the defendant's father told him to go to his room, he became angry. The

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defendant stated that he wanted to kill himself. After a short time, the defendant went to his closet andretrieved his rifle and a box of ammunition. The defendant stated he took the rifle, ammunition, and a bottleof Captain Morgan rum and drove to Mahtomedi Fire Department. The defendant said that he recentlyobtained a job with the Mahtomedi Fire Department. The defendant admitted to retrieving a cutting toolfrom the building to remove the trigger lock that was attached to his rifle. The defendant then went to fill uphis gas tank and covered the license plates of his vehicle with a paper towel. The defendant initiallyadmitted shooting a "few deer" that were located near the intersection of Stillwater Road and Mahtomedi

Ave. The defendant then admitted that he was aiming at a truck that he saw at the intersection. Thedefendant admitted that he aimed his rifle out of his driver's side window at the truck and shot. The

defendant admitted that after the shot went off he got scared and fled the area. The defendant said he gotscared because he did not know if he hit the driver. D.R.F.'s vehicle was found in the area where thedefendant admitted shooting his rifle at a truck.

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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 otherwisebe dealt with according to law.

Complainant Lloyd Gilbert Ackerknecht Electronically Signed:01/26/2015 09:25 AMinvestigator

15015 62nd Street NPO Box 3801Stillwater, MN 55082-3801Badge: 133

Subscribed and sworn to before the undersigned.

Notary Public orJudicial Official

Electronically Signed:01/26/2015 09:31 AM

Erin Thuente, Peace OfficerLicense Number: 18073,Washington County, Minnesota.My license expires: 06/30/2015

Detective15015 62nd Street NPO Box 3801Stillwater, MN 55082-3801

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

Prosecuting Attorney Electronically Signed:01/26/2015 09:21 AM

Imran AliPO Box 6

15015 62nd Street NorthStillwater, MN 55082(651) 430-6115

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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, ha

determined that probable cause exists to support, subject to bail or conditions of release where applicable, Defendants arr

or other lawful steps be taken to obtain Defendants appearance in court, or Defendants detention, if already in custod

pending further proceedings. Defendant is therefore charged with the above-stated offense(s).

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 thiscomplaint.

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

WARRANT

To the Sheriff of the above-named county or other person authorized to execute this warrant: I order, in the name of the Sta

of Minnesota, that the Defendant be apprehended and arrested without delay and brought promptly before the court (if

session), and if not, before a Judge or Judicial Officer of such court without unnecessary delay, and in any event not later th

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 DETENTIONX

Since the Defendant is already in custody, I order, subject to bail or conditions of release, that the Defendant continue to detained pending further proceedings.

Bail: $Conditions of Release:

This complaint is issued by the undersigned Judge as of the following date: ________ ___, _____.

Judicial Officer

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

COUNTY OF WASHINGTONSTATE OF MINNESOTA

State of Minnesota

Plaintiff

vs.

Bailey Jordan Garcia

Defendant

Clerk's Signature or File Stamp:

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

Detention upon the Defendant herein named.Signature of Authorized Service Agent:

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Documents

Criminal Complaint for Bailey Jordan Garcia