Smaller Charges

Ramone Davay Smaller Co. Atty. Complaint No.: 2129050-3 Court File No.:

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STATE OF MINNESOTA

COUNTY OF RAMSEY

DISTRICT COURT

SECOND JUDICIAL DISTRICT

COURT FILE NO.: _____________

PROSECUTOR FILE NO.: 2129050

State of Minnesota,

Plaintiff,

v.

Ramone Davay Smaller

(DOB: 07/14/1992)

MN Correctional Facility-St. Cloud

2305 Minnesota Blvd. S.E. St. Cloud, MN 56304,

FELONY

CRIMINAL COMPLAINT

Summons Warrant

Order of Detention

Amended

Certified Juvenile

EJJ

Defendant.

The Complainant, being duly sworn, makes complaint to the above-named Court and states that there is

probable cause to believe that the Defendant committed the following offense(s):

COUNT 1 On or about the 24th day of October, 2013, in Ramsey County, Minnesota, the defendant, RAMONE DAVAY

SMALLER, aiding and abetting and being aided and abetted by another, did unlawfully commit the crime of

Drive-By Discharge of Firearm (at 827 Carroll Ave., St. Paul, MN) for the benefit of, at the direction of, in

association with, or motivated by involvement with a criminal gang, with intent to promote, further, or assist in

criminal conduct by gang members.

Said acts constituting the offense of Crime Committed for Benefit of a Gang in violation of MN Statute:

609.229.2; 609.66.1e(b); 609.11.5; 609.229.3(a); 609.229.4(a); 609.05.1

Maximum Sentence: 15 years or $20,000.00 fine, or both.


SMALLER, aiding and abetting and being aided and abetted by another, did unlawfully while in or having just

exited from a motor vehicle, recklessly discharge a firearm at or toward an occupied building.

Said acts constituting the offense of Drive-by Discharge of Firearm in violation of MN Statute: 609.66.1e(b);

609.11.5; 609.05.1



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SMALLER, aiding and abetting and being aided and abetted by another, did unlawfully assault another, J.L.

(d.o.b. 09/22/1941), with a dangerous weapon consisting of a firearm.

Said acts constituting the offense of Assault in the Second Degree in violation of MN Statute: 609.222.1;

609.11.5; 609.05.1


Mandatory Minimum Sentence: 36 months.


SMALLER, aiding and abetting and being aided and abetted by another, did unlawfully assault another, W.S.



609.11.5; 609.05.1




SMALLER, aiding and abetting and being aided and abetted by another, did unlawfully commit the crime of

Drive-By Discharge of Firearm (at 625 Stryker Ave., unit #3, St. Paul, MN) for the benefit of, at the direction

of, in association with, or motivated by involvement with a criminal gang, with intent to promote, further, or

assist in criminal conduct by gang members.

Said acts constituting the offense of Crime Committed for Benefit of a Gang in violation of MN Statute:

609.229.2; 609.229.3(a); 609.229.4(a); 609.66.1e(b); 609.11.5; 609.05.1




exited from a motor vehicle, recklessly discharge a firearm at or toward and occupied building (at 625 Stryker

Ave., unit #3, St. Paul, MN).


609.11.5; 609.05.1



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SMALLER, aiding and abetting and being aided and abetted by another, did unlawfully assault another, K.K.R.



609.11.5; 609.05.1





exited from a motor vehicle, recklessly discharge a firearm at or toward and occupied building (at 625 Stryker

Ave., unit #7, St. Paul, MN).


609.11.5; 609.05.1



SMALLER, aiding and abetting and being aided and abetted by another, did unlawfully assault another, K.J.



609.11.5; 609.05.1




SMALLER, aiding and abetting and being aided and abetted by another, did unlawfully and intentionally

discharge a firearm under circumstances that endanger the safety of another.

Said acts constituting the offense of Dangerous Discharge of Firearm in violation of MN Statute:

609.66.1a(a)(2); 609.66.1a(b)(1); 609.05.1



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STATEMENT OF PROBABLE CAUSE

Your complainant, Sgt. Timothy McCarty, is a licensed peace officer in the State of Minnesota and an

investigator with the St. Paul Police Department. Having read and reviewed other police and BCA reports

pertinent to this matter and having conducted his own investigation, states the following to be true and correct:

Details of the below described event are related in SPPD CN: 13 229 501:

On October 24, 2013, numerous 9-1-1 calls were received at 03:22 hours, from callers on the 800 block of

Carroll Ave., in the City of St. Paul, Ramsey County, on multiple gunshots being fired in the area. Persons

present in one of the homes on the block reported that their home had been struck by bullets. These residents

were identified as J.L., d.o.b. 9/22/1941 and W.S., d.o.b. 8/28/1944. Officers Menton and Kasal were dispatched

to the address and met with J.L. and W.S., who reported that they were home when their house was being shot

into. W.S. described sleeping in a front room and appreciating that a bullet came very close to where she was

laying. They stated that they had no idea why someone would shoot into their home. A spent bullet was

recovered from the kitchen floor.

Officers located 18 spent .40 cal. shell casings on the boulevard on the east side of the house. Multiple bullet

strike indentations were found along the east wall of the house. On a later date, W.S. provided a police

investigator with additional bullet fragments that had been recovered from the address.

Later on October 24th

, a St. Paul police officer was dispatched to meet with J.L and W.S. W.S. reported that

they had returned to their house of Carroll and some neighbors had told them who the shooters were. The

shooters had made threats that they were going to kill the grandmother (J.L.) of Darren (D A.D., d.o.b. 2/05/1986). J.L. reported that her grandson had not lived in the house on Carroll for years. W.S, however,

stated that D.A.D. had been visiting at the house in the past week.

Earlier on October 24th

, around 01:15 hrs, RAMONE DAVAY SMALLER, D.O.B. 07/14/1992, Deandre

Robinson and Darren D. are kicked out of Augies a night club in Minneapolis for fighting.

Details of the below described event are related in SPPD CN: 13 233 272:

On October 29, 2013, at approximately 02:22 hours, St. Paul police were dispatched to the area of the 600 block

of Stryker Ave. in the City of St. Paul, Ramsey County. Officers Tiffany and Block were on the call and went to

the area where they located numerous spent .40 cal. shell casings and noticed that a house on the block had

apparently been shot into several times. Officers made contact with occupants in unit no. 3 and identified them.

One of the occupants, a Fredrick B., d.o.b. 03/02/1989, stated that he had been home but had not heard the

shots. Another occupant was identified as K.R Kin d.o.b. 12/12/89. He was found hiding in a bathtub and indicated he was in there because of the shots being fired. Officers observed and noted interior damage in the

unit corresponding to bullet path damage. A bullet fragment was recovered from the units east wall. A resident in another unit at this address, unit 7, also reported a bullet entering through their living room window while she

was watching television. She was identified as K.J., d.o.b. 2/09/1990, and had been home at the time of the shot

into her apartment unit. A neighbor reported seeing two occupants in a vehicle near the corner in a newer model

sedan, at the time of the shots being fired. Fourteen .40 cal. casings were recovered near the house that had been

shot.


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Details of the below occurrence are related in SPPD CN: 13 234 727:

On October 30, 2013, at approximately 23:24 hours, police received calls of shots being fired in the vicinity of

Hall and Baker Avenues in the City of St. Paul, Ramsey County. Witnesses described shots being fired from

vehicles. One of the vehicles is described as a dark blue Kia Optima. Forty cal. shell casings are recovered. This

intersection is 2 blocks from the 600 block of Stryker Ave., where the two units were shot into the previous

night.

Details of the below occurrence are related in Mpls. CN: MP-13-359334:

On October 29, 2013, at 00:17 hours, Minneapolis police are dispatched for a shots fired call to W. Lake Street

in Minneapolis. Information aired was that there were two vehicles involved in shooting. One of the vehicles

involved, a Chevy Tahoe with a license no. MN 315 HWA, had just left the area. Assisting officers located this

vehicle, pursued it as it fled police throughout the city and upon interstate 94. It was eventually stopped in Mpls

near Huron Blvd. There were four male occupants on board at the time of the felony stop. Among them was

Darren D. He gave the address of 827 Carroll Ave. as his address. Also present was D. N-H., a.k.a. Fat 50 and

Santino Watson, a.k.a. Weasel. A .40 cal. handgun was found in the rear passenger door. The rear passenger was identified as Santino Lamar Watson, d.o.b. 5/02/1988. He was charged with being a Felon in Possession of

a Firearm from this occurrence and arrest. Arresting officer noted that the gun smelled as having recently been

fired. It was found to be a stolen gun out of Columbia Heights. It was a .40 cal. Springfield Armory model,

semi-auto handgun.

Upon return to an SA station on W. Lake Street, two .40 cal. casings were recovered by Minneapolis police. A

request was made to hold and retrieve video recording from an SA station on W. Lake Street. In a review of the

retrieved video recording from the time and date approx. to the shots fired call, a Kia Optima, dark colored

sedan is in the SA parking lot. Upon his arrest, Joe Hall, the driver of the Tahoe told police that he had been

driving the vehicle that belonged to one of the passengers. He said that he had parked in the SA lot. He heard

two shots and was told to go. He then drove off.

On October 30, 2013, a rear window is replaced on a Kia Optima, at Harmon Glass in Roseville. Ramone

Smaller is identified as the customer and told the technicians that the window was shot out.

On October 31, 2013, RAMONE DAVAY SMALLER, d.o.b. 7/14/1992, is arrested at 15:00 hours while

driving a Kia Optima. There is bullet hole noted in the rear deck of the car.

A search warrant is authorized on October 31, 2013, to search the address at 2838 Fremont Ave., So., Mpls., the

address of RAMONE DAVAY SMALLER.

Among other items found and recovered in this search was a gun box to a Glock 20 and a extended magazine

for holding up to 30 rounds of .40 cal. ammunition.

The Kia Optima was searched on November 1st while at the St. Paul impound lot. Nothing of interest was found

at that time. Based on additional information, your complainant requested to again search the Kia Optima, a

Hertz rental car.

On January 13, 2014, a Glock 23, .40 cal. semi-auto handgun, SN: EHK860US, was recovered in a hiding

place under the drivers seat.


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This handgun was submitted to the BCA for the purpose of ballistics examination and comparisons with the .40

cal. shell casings from the October 24th

shooting on Carroll, the October 29th

shooting at 652 Stryker and the

October 30th

shooting at Baker and Hall.

On February 2, 2014, a firearms examiner with the BCA, reported in BCA Lab. No. S14-00602, that the .40 cal.

casings (CN:13 234 727) had been fired from the Glock 23. These casings correspond to the casings recovered

on October 30th

at Baker and Hall in St. Paul.

On February 28, 2014, a firearms examiner with the BCA reported in BCA Lab. No. S14-00602, that eighteen

spent .40 cal. casings from SPPD CN:13 229 501, showed the presence of matching features and had been fired

from the Glock 23.

This corresponds to the shooting on the 800 block of Carroll on October 24th

, 2013.

In this same report, it was stated that the fourteen spent .40 cal. casings recovered in SPPD CN: 13 233 272, had

been fired from the Glock 23. This corresponds to the shooting on October 29th

at 652 Stryker.

The .40 cal. casings recovered at the SA station on Lake Street on October 29th

, were examined and determined

not to have been fired with this Glock 23.

DNA

A buccal swab having been obtained from RAMONE SMALLER, was sent to the BCA for the purpose of

comparison with any latent DNA recovered from the Glock 23 handgun. On February 11, 2014, a forensic

scientist with the BCA, reported in BCA Lab. No. S14-00602, that from swabs taken from the gun grip and

trigger area, a mixture of DNA profiles was present. The predominant DNA profile from the mixture was that of

RAMONE SMALLER.

Gang

Ramone Davay Smaller meets gang criteria under the 9 pt. gang identification.

He is affiliated with the GOTTA HAVIT gang. This is a clique of the long standing Selby Side gang in St. Paul

with its roots in the Frogtown area (Midway).

Additionally known to associate in this clique are R.D.S., Ramone Smallers brother and D. L.-R., d.o.b. 5/11/1992, a.k.a. Dre Loc.

Based on reliable intelligence, direct accounts and informants, it is known that this clique, the GOTTA HAVIT,

is in an on-going feud with the HUSTLE MADE MAFIA gang, a clique of the Selby Side gang. This gang has

known members including Darren A. D., d.o.b 12/05/1986, a.k.a. Stacks, D. N-H., d.o.b. 2/12/1986, a.k.a. Fat 50 and Santino L. W., d.o.b. 5/02/1988.

Fredrick B. and Kin R., the two men present at 652 Styker in unit 3 on October 29th

are also confirmed gang

members affiliated with the GOTTA HAVIT gang.


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Due to a robbery of some marijuana from Kaleef Barnes, members of the clique have been in a feud. On July 6,

2013, RAMONE SMALLER attempted to kill Kaleef Barnes by shooting him 7 times. Also present at this

shooting was Ronald Smaller, Ramones brother.

These gangs meet the definition of a criminal gang as defined in Minn. Stat. 609.229.


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Complainant requests that Defendant, subject to bail or conditions of release, be:

(1) arrested or that other lawful steps be taken to obtain Defendants appearance in court; or (2) detained, if already in custody, pending further proceedings; and that said Defendant otherwise be dealt

with according to law.

COMPLAINANTS NAME:

Timothy McCarty

COMPLAINANTS SIGNATURE:

____________________________________

Subscribed and sworn to before the undersigned this ______ day of _________, 20_____.

NAME/TITLE:

____________________________________

SIGNATURE:

____________________________________

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

Date: 06/03/2014

PROSECUTING ATTORNEYS SIGNATURE:

____________________________________

Name: David E. Miller

Assistant Ramsey County Attorney

345 Wabasha Street North, Suite 120

St. Paul, MN 55102

651-266-3222/da

Attorney Registration #151956


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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, have determined

that probable cause exists to support, subject to bail or conditions of release where applicable, Defendants arrest or other lawful steps be taken to obtain Defendants appearance in court, or Defendants detention, if already in custody, pending further proceedings. Defendant is therefore charged with the above-stated offense.

SUMMONS THEREFORE YOU, THE ABOVE-NAMED DEFENDANT, ARE HEREBY SUMMONED to appear on the ____ day of

____________, 20___ at _______ before the above-named court at _______________________________________________ to

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

WARRANT

Execute in MN Only Execute Nationwide Execute in Border States To the Sheriff of the above-named county; or other person authorized to execute this warrant: I hereby order, in the name of the State

of Minnesota, that the above-named Defendant be apprehended and arrested without delay and brought promptly before the above-

named 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.

ORDER OF DETENTION Since the above-named Defendant is already in custody, I hereby order, subject to bail or conditions of release, that the above-named

Defendant continue to be detained pending further proceedings.

Bail: $300,000.00

Conditions of Release: No contact with J.R.D. (d.o.b. 9-22-41), W.N.S. (d.o.b. 8-28-44), F.M.T. (d.o.b. 2-9-

90), F.B. (d.o.b. 3-2-89), and K.K.R. (d.o.b. 12-12-89). This complaint, duly subscribed and sworn to, is issued by the undersigned Judicial Officer this ______ day of _____________,

20_____. JUDICIAL OFFICER: NAME: TITLE:

SIGNATURE: ___________________________________

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

COUNTY OF RAMSEY

STATE OF MINNESOTA

Clerks Signature or File Stamp:

STATE OF MINNESOTA

Plaintiff, RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this COMPLAINT-WARRANT upon the Defendant herein named. Signature of Authorized Service Agent: _________________________________

vs.

RAMONE DAVAY SMALLER Defendant.


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FINDINGS OF FACT

Probable cause found that defendant committed the offenses charged.

Ordered defendant's motion to dismiss denied.

Plea of not guilty to all counts entered.

Trial and hearing on all issues set.

Dated: ________________________

_______________________________________

JUDGE OF DISTRICT COURT


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DEFENDANT DATA / CHARGE SHEET ATTACHMENT A

DEFENDANT NAME:

RAMONE DAVAY SMALLER

DOB: 07/14/1992

Defendant alias name(s):

Rainshawn Devonte Nixon

Alias DOB(s):

11/27/1989

Defendant last known

address:

MN Correctional Facility-St. Cloud

2305 Minnesota Blvd. S.E.

St. Cloud, MN 56304

State ID:

MN11E47861

Fingerprint ID: 284333 FBI ID: 528098LD5 St. Paul PD ID: 610305 Offender ID:

OTHER DEFENDANT / CASE IDENTIFIERS:

Fingerprinted? No Yes

Handgun permit? No Yes (Issuing Agency: )

Location of violation:

IF DRIVING OFFENSE:

Driver's License Number: Issuing State:

License Plate Number: Issuing State:

Accident Type: check all that apply

No injury/no damage Property Damage

Personal Injury Fatality

Blood Alcohol Concentration (BAC):


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FELONY WARRANT COMPLAINT

CT

NO OFFENSE

DATE STATUTE

TYPE STATUTE

NBR STATUTE

DESCRIPTION OFFENSE

LEVEL MOC G

O

C

AGENCY

ORI

CN NBR

FUNCTION

1 10/24/2013 Charge 609.229.2 Crime committed for Benefit of a Gang-Crime

Penalty 609.66.1e(b) Dangerous Weapons-Drive

by Shooting toward

person, occupied motor

vehicle or occupied

building

Penalty 609.11.5 Minimum Sentences of

Imprisonment-Firearm

Penalty 609.229.3(a) Crime Committed for

Benefit of Gang-Commit

Felony


Benefit of Gang-Mand.

Min. Penalty

Definition 609.05.1 Liability for Crimes of

Another-Intentional

F M8301 X St. Paul Police Dept. ORI - MN0620900

CN - 13229501

Charging

2 10/24/2013 Charge 609.66.1e(b) Dangerous Weapons-Drive by Shooting toward


vehicle or occupied

building




Another-Intentional

F W1H4N X St. Paul Police Dept. ORI - MN0620900

CN - 13229501

Charging

3 10/24/2013 Charge 609.222.1 Assault-2nd Degree-Dangerous Weapon




Another-Intentional

F A2423 X St. Paul Police Dept. ORI - MN0620900

CN - 13229501

Charging





Another-Intentional


CN - 13229501

Charging

5 10/29/2013 Charge 609.229.2 Crime committed for Benefit of a Gang-Crime


Benefit of Gang-Commit

Felony


F M8301 X St. Paul Police Dept. ORI - MN0620900

CN - 13233272

Charging


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Benefit of Gang-Mand.

Min. Penalty

Penalty 609.66.1e(b) Dangerous Weapons-Drive

by Shooting toward


vehicle or occupied

building




Another-Intentional



vehicle or occupied

building




Another-Intentional


CN - 13233272

Charging





Another-Intentional


CN - 13233272

Charging



vehicle or occupied

building




Another-Intentional


CN - 13233272

Charging





Another-Intentional


CN - 13233272

Charging

10 10/30/2013 Charge 609.66.1a(a)(2) Dangerous Weapons-Intentional Discharge of

Firearm That Endangers

Safety

Penalty 609.66.1a(b)(1) Dangerous Weapon-Public

Housing/School/Park Zone


Another-Intentional

F W1E4A X St. Paul Police Dept. ORI - MN0620900

CN - 13234727

Charging

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Smaller Charges