State of Minnesota County of Hennepin

District Court Fourth Judicial District

CCT

LIST CHARGE STATUTE ONLY

MOC

GOC

1 2 3 4

609.221 609.221 609.222 624.713

A1120 A1120 A2220 W1623

X X X N

CTY ATTY FILE NO.

CONTROLLING AGENCY

CONTROL NO

12-5643

MN0271100

12195181

COURT CASE NO.

Amended
if more than 6 counts (see attached)

DATE FILED

Tab Charge Previously Filed


if Domestic Assault as defined by MS 518B01, sub2a,b

State of Minnesota, PLAINTIFF, VS. NAME: first, middle, last DON BUDDIE AUSTIN DEFENDANT,

SERIOUS FELONY FELONY GROSS MISDM DWI

SUMMONS WARRANT ORDER OF DETENTION

GROSS MISDM

EXTRADITION

Date of Birth 5/27/92

401 4TH AVE S MINNEAPOLIS, MN 55415

MNCIS #: LE#: SILS ID: TRACK ID:

27-CR12-19851 637429 2582077

COMPLAINT 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). The complainant states that the following facts establish PROBABLE CAUSE:

Complainant, Christopher Granger, of the Minneapolis Police Department, has investigated the facts and circumstances of this offense and believes the following establishes probable cause: On or about 1:54 a.m. on Monday, June 25, 2012, Minneapolis Police squads, and mounted patrol were monitoring the bar closing traffic in the area of the Gay 90’s club located at Hennepin Avenue and 4th Street North, Minneapolis, Hennepin County, Minnesota. Officers witnessed a fight between two groups of individuals at the intersection. Shortly after officers broke up the fight, officers heard multiple gun shots. Large groups of people were running for cover as further gunfire erupted. After the gunfire ceased, officers located two males outside the Gay 90’s club with gunshot wounds. Police located Victim 1, a 19 year old male, bleeding profusely from his upper leg/lower torso area, from an apparent gunshot wound. Police and first responders provided emergency medical care to Victim 1 until the ambulance arrived. Victim 1 was transported via ambulance to the Hennepin County Medical Center for emergency treatment. Physicians located a gunshot wound to Victim 1’s buttock and thigh. Victim 1 required surgery to repair a fracture in his lesser trochanter. Victim 1’s injury will require further medical care and rehabilitation. Police located Victim 2, a 20 year old male, bleeding profusely from his left upper thigh from an apparent gunshot wound. Police and first responders provided emergency medical care to Victim 2 until the ambulance arrived. Victim 2 was transported via ambulance to the Hennepin County Medical Center for emergency medical care.

FORM-J

REV. 12/95

Page

DON BUDDIE AUSTIN

2

CCN: 12195181

Investigators received information that a 24 year old male, Victim 3, was admitted to Regions Hospital in St. Paul for emergency treatment of gunshot injuries he sustained in front of the Gay 90’s club. Victim 3 was hit by a bullet, and sustained a wound to his shoulder. Within minutes of the shots fired, police received information regarding possible suspects. Officers learned that a stocky black male, wearing a red shirt and dark shorts, was running from the scene with a gun. Witnesses reported that the gunman removed his red shirt and put the gun in his waistband. Witnesses stated that the gunman ran into the alley behind 241 1st Avenue North. Officers observed an individual matching the physical description of the suspect in the alley. Officers apprehended that male, and identified him as DON BUDDIE AUSTIN, Defendant Austin herein. Defendant Austin wore a black shirt and dark shorts. Officers located a red t-shirt on the ground in the alley. Underneath the red t-shirt, officers located and recovered a black .45 caliber semi-automatic handgun. The .45 caliber handgun was loaded; the hammer was cocked, and ready to fire. The handgun contained two live rounds in the magazine, and one live round in the chamber. Police received information regarding a second suspect. That suspect was described as a black male, wearing a blue shirt. As officers were locating and apprehending Defendant Austin, mounted police located the second suspect and observed a handgun in the suspect’s waistband. This second suspect was later identified as DONTAE ANDRE DEWAYNE MCKINNEY, Defendant McKinney herein. Defendant McKinney fled from the mounted patrol. A Minneapolis Police Officer pursued Defendant McKinney into an alley located at Washington Avenue and Second Street. Defendant McKinney scaled a fence, and fell to the ground. The pursuing officer observed a handgun fall from Defendant McKinney’s person. The officer ordered Defendant McKinney to stay down. Defendant McKinney quickly stood up and moved toward the handgun. Defendant McKinney picked up the handgun and quickly turned toward the officer. Defendant McKinney made eye contact with the officer. The officer feared that Defendant McKinney was going to shoot and kill him. The officer fired his gun one time, hitting Defendant McKinney in the arm. Officers handcuffed Defendant McKinney and provided first aid. Officers located and recovered Defendant McKinney’s handgun. The handgun was a loaded .40 caliber semi-automatic handgun. The magazine of the handgun was empty; there was one live round in the chamber. In a post-Miranda statement, Defendant McKinney admitted that he was present when the fight erupted and shots were fired. He claimed that someone threw a gun. Defendant McKinney admitted that he picked up the “random” gun and ran from the scene. Defendant McKinney admitted that he ran from the pursuing officer, and tried to scale the fence. Defendant McKinney admitted that the gun slid out from his pants when he fell over the fence. Forensic scientists processed the scene of the shooting on Hennepin Avenue. They recovered a total of eleven discharged cartridge casings (dccs) in the parking lot of 314 Hennepin Avenue. Four dccs were .45 caliber casings. Seven dccs were .40 caliber casings. The live cartridges in the .45 caliber handgun located near Defendant Austin were the same manufacturer as three of the .45 caliber dccs recovered at the scene of the shooting. The single live round in the .40 caliber handgun recovered near Defendant McKinney was the same manufacturer as seven of the .40 caliber dccs recovered at the scene of the shooting. Forensic scientists located and identified Defendant Austin’s fingerprint on the .45 caliber handgun. Hennepin County District Court records show that on November 14, 2007, Defendant Austin was adjudicated delinquent on a charge of felony Theft of Motor Vehicle, a felony crime of violence. Defendant Austin is therefore prohibited from possessing a firearm. Defendant Austin is currently on parole for Fleeing a Peace Officer Resulting in Death and Criminal Vehicular Operation.

Page

COUNT 1:

AIDING AND ABETTING ASSAULT IN THE FIRST DEGREE (FELONY) MINN. STAT. § 609.221, SUBD. 1; § 609.101, SUBD. 2; § 609.11; § 609.05 PENALTY: 3-20 YEARS AND/OR $30,000

That on or about June 25, 2012, in Hennepin County, Minnesota, DON BUDDIE AUSTIN acting alone or intentionally aiding, advising, hiring, counseling or conspiring with another, and while using a dangerous weapon, assaulted Victim 1 and inflicted great bodily harm.

COUNT 2:

AIDING AND ABETTING ASSAULT IN THE FIRST DEGREE (FELONY) MINN. STAT. § 609.221, SUBD. 1; § 609.101, SUBD. 2; § 609.11; § 609.05 PENALTY: 3-20 YEARS AND/OR $30,000

That on or about June 25, 2012, in Hennepin County, Minnesota, DON BUDDIE AUSTIN acting alone or intentionally aiding, advising, hiring, counseling or conspiring with another, and while using a dangerous weapon, assaulted Victim 2 and inflicted great bodily harm.

COUNT 3:

AIDING AND ABETTING ASSAULT IN THE SECOND DEGREE (FELONY) MINN. STAT. § 609.222, SUBD. 1; § 609.101, SUBD. 2; § 609.11; § 609.05 PENALTY: 3-7 YEARS AND/OR $4,200-$14,000

That on or about June 25, 2012, in Hennepin County, Minnesota, DON BUDDIE AUSTIN, acting alone or intentionally aiding, advising, hiring, counseling or conspiring with another, and while using or possessing a firearm, assaulted Victim 3.

OFFENSE CONTINUES ON NEXT PAGE

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COMPLAINT SUPPLEMENT CCT

SECTION/Subdivision

M.O.C.

GOC

OFFENSE

COUNT 4:

PROHIBITED PERSON IN POSSESSION OF A FIREARM (FELONY) MINN. STAT. § 624.713, SUBD. 1(2), 2(b); § 609.11 PENALTY: 5-15 YEARS AND/OR $30,000

That on or about June 25, 2012, in Hennepin County, Minnesota, DON BUDDIE AUSTIN possessed a firearm and DON BUDDIE AUSTIN has been convicted or adjudicated delinquent in this state or elsewhere of a crime of violence, Theft of Motor Vehicle on November 14, 2007, for which the sentence or court supervision expired on or after August 1, 1993.

NOTICE: You must appear for every court hearing on this charge. A failure to appear for court on this charge is a criminal offense and may be punished as provided in Minn. Stat. § 609.49.

THEREFORE, Complainant requests that said 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 otherwise be dealt with according to law. COMPLAINANT’S NAME:

COMPLAINANT’S SIGNATURE:

Christopher Granger Being duly authorized to prosecute the offense(s) charged, I hereby approve this Complaint. PROSECUTING ATTORNEY’S SIGNATURE:

DATE:

June 27, 2012

cy

PROSECUTING ATTORNEY: NAME/TITLE:

VICKI VIAL TAYLOR (232233) Assistant County Attorney FORM I-2

ADDRESS/TELEPHONE:

C2100 Government Center, Minneapolis, MN 55487 Telephone: 612-348-2150 Rev. 3/94

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5

Court Case # ________________________ This COMPLAINT was subscribed and sworn to before the undersigned this ____ day of __________________, 20___. NAME: SIGNATURE: TITLE:

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, Defendant(s) arrest or other lawful steps be taken to obtain Defendant(s) appearance in Court, or his detention, if already in custody, pending further proceedings. The Defendant(s) is/are thereof charged with the above-stated offense.

SUMMONS THEREFORE YOU, THE ABOVE-NAMED DEFENDANT(S), ARE HEREBY SUMMONED to appear on the _______ day of ____________________, 20_____ at _______ AM/PM 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 MINNESOTA ONLY 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(s) 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 thereafter as such Judge or Judicial Officer is available) to be dealt with according to law.

ORDER OF DETENTION Since the above-named Defendant(s) is already in custody; I hereby order, subject to bail or conditions of release, that the abovenamed Defendant(s) continue to be detained pending further proceedings. Bail: $500,000 + CR Conditions of Release: No contact with victim(s); No contact with witness(es); No contact with address of the offense or home/work of victim(s) and witness(es); No contact with co-defendant(s); No driving without a license; No use of drugs/alcohol; Random Ua’s; No possession of weapons; Make all appearances; Remain law abiding

This COMPLAINTORDER OF DETENTION duly subscribed and sworn to, is issued by the undersigned Judicial Officer this ____ day of _____________________________, 20____.

NAME: TITLE:

SIGNATURE JUDGE OF DISTRICT COURT

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

STATE OF MINNESOTA

COUNTY OF HENNEPIN

Clerk's Signature or File Stamp:

STATE OF MINNESOTA Plaintiff vs. DON BUDDIE AUSTIN

Defendant(s).

RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this COMPLAINT – SUMMONS, WARRANT, ORDER OF DETENTION upon Defendant(s) herein-named. Signature of Authorized Service Agent: