State of Minnesota District CourtCounty of Washington 10th Judicial District

CR­2012­1366Prosecutor File No. Court File No.

State of Minnesota, COMPLAINT

Plaintiff, Order of Detention

vs.

ERIC KAPRICE RICHARD II DOB: 06/12/1990

1335 Cottage DriveStillwater, MN 55082

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 ­ Without Intent ­ While Committing a FelonyMinnesota Statute: 609.19.2(1), with reference to: 609.19.2(1)Maximum Sentence: 40 yearsOffense Level: Felony

Offense Date (on or about): 09/28/2012

Control #(ICR#): 12208680

Charge Description: without intent to effect the death of any person, cause the death of A.D.M. whilecommitting or attempting to commit the felony of assault in the first or third degree

COUNT II

Charge: Manslaughter ­ 1st Degree ­ While Committing Gross Misdemeanor/Misdemeanor withViolence.Minnesota Statute: 609.20(2), with reference to: 609.20Maximum Sentence: 15 years and $30,000Offense Level: Felony

Offense Date (on or about): 09/28/2012

Control #(ICR#): 12208680

Charge Description: cause of the death of A.D.M. while committing assault in the fifth degree

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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 employed by the Stillwater Police Department. Based on thereports relative to an incident that occurred on September 28, 2012, involving Eric Kaprice Richard II,DOB 06/12/1990, complainant offers the following statement to establish probable cause:

On September 28, 2012, at or about 1:54 a.m., officers were dispatched to Smalley's Caribbean BBQlocated at 423 Main Street South, in the City of Stillwater, Washington County, Minnesota, on a report ofan open 911 cell phone call coming from that location. Officers arrived at Smalley's and were approachedby an employee who reported that there was an injured and unconscious male inside who had beenpunched by another patron. Officers located the unconscious male, later identified as A.D.M. A maleattending to A.D.M. told officers that A.D.M. had been punched and then fell to the ground and was nowvomiting. As officers were clearing the bar area several persons approached and reported that they hadwitnessed the incident and that they knew the male who hit A.D.M. The make who hit A.D.M. wasidentified as ERIC KAPRICE RICHARD II, DOB 06/12/1990, the defendant herein. Bar staff reported thatthe defendant was a regular customer of the bar.

Employees and patrons reported that A.D.M. and the defendant argued and that they both shoved eachother. Defendant was then observed punching A.D.M. with a closed fist in the face, knocking A.D.M. tothe ground. A.D.M. was knocked unconscious. The incident was captured on surveillance video. Thevideo showed that A.D.M. and the defendant were dancing on the dance floor and that it appeared thatA.D.M. accidentally knocked the defendant's drink out of his hand. The two males appear to have aconversation and then they leave the stage/dance floor area. When they come back into camera rangethe defendant had another drink in his hand. Defendant and A.D.M. appear to be interacting in a friendlymanner, dancing together and speaking with other patrons on the dance floor. The two males again goout of camera range and a short time later the lights go up and people are observed leaving the bar.A.D.M. was observed just off screen to the left and is observed making a motion like he is pushingforward. Another male later identified as M.L.H. is then observed grabbing a hold of A.D.M.. M.L.H. thenwalked A.D.M. back into camera range. As M.L.H. is leading A.D.M. away the defendant rapidly comesinto camera range and is observed throwing punches at A.D.M. It appears that at least two punchesconnect with A.D.M. A.D.M. then fell backwards and his head strikes the floor or an object on the floor.Defendant was observed continuing forward toward A.D.M. until he was stopped by others in the area.

M.L.H. later spoke with Sgt. Stender. He reported that A.D.M. had knocked the defendant's drink out ofhis hand and that A.D.M. had agreed to replace the drink. M.L.H. stated that the argument startedbecause A.D.M. then refused to pay for the drink. M.L.H, reported that A.D.M. and the defendant hadwords and that A.D.M. pushed the defendant. He stated that the defendant then punched A.D.M. in selfdefense causing A.D.M. to fall backward and hit his head. M.L.H. admitted that he was walking A.D.M.away from the defendant when the defendant came at A.D.M.

Defendant was read the Miranda warning and agreed to speak about the incident. Defendant stated thathe was dancing and that A.D.M. knocked his drink out of his hand. He stated that A.D.M. told him that hewould pay for another drink, but when they went to the bar A.D.M. refused to pay for the drink. Defendantstated that he had words with A.D.M. and that A.D.M. pushed him at least four times. Defendant statedthat he felt he was being assaulted so he struck back in self defense and punched A.D.M. at least twice.He stated that A.D.M. then fell to the ground. Defendant stated that he was then removed by security andhe left. Defendant admitted that he knew A.D.M. was hurt because he saw that his eyes were rolled backup into his head.

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A.D.M. suffered serious injuries from the incident. A.D.M. was taken to Regions Hospital in St. Paulwhere he was diagnosed with a nose fracture, a right orbital fracture, several skull fractures, andintracranial bleeding causing respiratory failure. During the overnight hours on October 1, 2012, A.D.M.suffered a series of strokes. He was on a ventilator and his condition was critical with an uncertainprognosis. On October 4, 2012, A.D.M. died from the head injuries he sustained as a result of thisincident according to medical personnel at Regions Hospital.

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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 Kyle A. Sykes Electronically Signed: 10/5/2012Patrol Officer216 N 4th StreetStillwater, MN 55082Badge: 220

Subscribed and sworn to before the undersigned.

Notary Public orJudicial Official

Commission expires: 01/31/2015Electronically Signed: 10/5/2012

Linda R ThompsonSecretary/Dispatcher, County ofWashington216 N 4th StreetStillwater, MN 55082Notary ID: 6133283

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

Prosecuting Attorney Electronically Signed: 10/5/2012Karin McCarthyAssistant County AttorneyPO Box 615015 62nd Street NorthStillwater, MN 55082(651) 430­6115

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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 14949 62nd Street N PO Box 3802, Stillwater, MN 55082-3802 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: $500,000.00Conditions of Release:

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

Judicial Officer <judge name>

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

COUNTY OF WASHINGTONSTATE OF MINNESOTA

State of MinnesotaPlaintiff

vs.

Eric Kaprice Richard IIDefendant

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:

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