State of Minnesota District CourtCounty of McLeod 1st Judicial District

15-264Prosecutor File No. Court File No.

State of Minnesota, COMPLAINT

Plaintiff, Summons

vs.

EMILY LOUISE GIVENS DOB: 05/23/1990

15894 Island View Road NWPrior Lake, MN 55372

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: Criminal Vehicular Homicide Resulting in Death - FelonyMinnesota Statute: 609.2112.1(1), with reference to: 609.2112.1Maximum Sentence: Ten Years Imprisonment and/or a $20,000 FineOffense Level: Felony

Offense Date (on or about): 04/26/2015

Control #(ICR#): 15003494

Charge Description: On or about April 26, 2015, in McLeod County, Minnesota, Defendant drove in agrossly negligent manner causing the death of Penny Verdeck.

COUNT II

Charge: Careless Driving - MisdemeanorMinnesota Statute: 169.13.2, with reference to: 169.13.2Maximum Sentence: 90 Days Jail and/or a $1,000 FineOffense Level: Misdemeanor

Offense Date (on or about): 04/26/2015

Control #(ICR#): 15003494

Charge Description: On or about April 26, 2015, in McLeod County, Minnesota, Defendant operated amotor vehicle carelessly or heedlessly in disregard of the rights of others, or in a manner than endangeredor was likely to endanger any property or any person, including the driver or passengers of the vehicle.

COUNT III

Charge: Unlawful Use of Wireless Communications Device While Driving - MisdemeanorMinnesota Statute: 169.475.2, with reference to: 169.89.1(1)Maximum Sentence: 90 Days Jail and/or a $1,000 FineOffense Level: Misdemeanor

Offense Date (on or about): 04/26/20151

Control #(ICR#): 15003494

Charge Description: On or about April 26, 2015, in McLeod County, Minnesota, Defendant operated amotor vehicle while reading an electronic message when the vehicle was in motion or a part of traffic.

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STATEMENT OF PROBABLE CAUSE

The Complainant states that the following facts establish probable cause:

That your affiant is the Chief Deputy with the McLeod County Sheriff's Office. Your affiant has learned fromTrooper Shawn Mathews, of the Minnesota State Patrol, that on April 26, 2015, at approximately 3:58 p.m.,a crash occurred on McLeod County Road 3, just west of Hennepin Avenue in McLeod County, Minnesota,wherein the above named defendant was driving a motor vehicle eastbound when she struck a bicyclistwho was riding a bicycle in the eastbound lane of traffic. As a result, the bicyclist, Penny Verdeck, waskilled. A statement was taken from the defendant by Deputy Chad LaPlante, of the McLeod County Sheriff'sOffice, and the defendant admitted that she was driving the car that struck Penny Verdeck, admitted thatshe failed to see Penny Verdeck on the bicycle, and the defendant stated that immediately after thecollision with the bicyclist, she pulled over and called 9-1-1. An examination of the defendant’s cell phonewas conducted by Shawn Hughes, a digital forensic specialist with the Minnesota Bureau of CriminalApprehension, revealed that the defendant called 9-1-1 to report the accident according to her cell phonerecords at 3:57:59 p.m. The examination of the defendant’s cell phone further indicated that the defendantreceived two text messages at 3:45:50 p.m. and opened the text messages at 3:57:13 p.m. The weatherand road conditions were excellent at the date and time of the crash. The visibility was ideal. In thestatement taken from the defendant by Deputy LaPlante, the defendant denied that she was on her phoneat or before the time of the crash. Based on the foregoing, your affiant believes the defendant was grosslynegligent in her driving of her motor vehicle which caused the crash into Penny Verdeck and caused PennyVerdeck’s death because of the fact that she was on her cell phone reading text messages at or very nearthe time of the crash.

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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 Tim Langenfeld Electronically Signed:07/31/2015 01:06 PMChief Deputy

801 E 10th StreetGlencoe, MN 55336Badge: 1102

Subscribed and sworn to before the undersigned.

Notary Public orJudicial Official

Commission expires: 01/31/2020Electronically Signed:07/31/2015 01:26 PM

Jennifer L OttoCommunications Sergeant,County of Sibley801 E 10th StreetGlencoe, MN 55336Notary ID: 20244982

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

Prosecuting Attorney Electronically Signed:07/31/2015 11:46 AM

Michael JungeCounty Attorney830 11th Street ESuite 112Glencoe, MN 55336(320) 864-1265

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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 above-stated offense(s).

SUMMONSXTHEREFORE YOU, THE DEFENDANT, ARE SUMMONED to appear on ________ ___, _____ at _____ AM/PMbefore the above-named court at 830 11th Street E, Glencoe, MN 55336 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 above-named 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 DETENTION

Since 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: $Conditions 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 MCLEODSTATE OF MINNESOTA

State of MinnesotaPlaintiff

vs.

Emily Louise GivensDefendant

Clerk's Signature or File Stamp:

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

Summons upon the Defendant herein named.

Signature of Authorized Service Agent:

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