Deshawn Dominique Nelson

Co. Atty. Complaint No.: 2126191-1

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STATE OF MINNESOTA COUNTY OF RAMSEY DISTRICT COURT SECOND JUDICIAL DISTRICT COURT FILE NO.: _____________ PROSECUTOR FILE NO.: 2126191

State of Minnesota, Plaintiff, FELONY CRIMINAL COMPLAINT Summons Warrant Order of Detention Amended Certified Juvenile EJJ

v. Deshawn Dominique Nelson (DOB: 12/07/1991) 1843 Polk St. NE #2 Minneapolis, MN 55418,

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 17th day of November, 2013, in Ramsey County, Minnesota, the defendant, DESHAWN DOMINIQUE NELSON, did unlawfully assault another 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(a) Maximum Sentence: 7 years or $14,000 fine or both.

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STATEMENT OF PROBABLE CAUSE The Complainant states that the following facts establish probable cause: On November 17, 2013, at approximately 4:10 am, Saint Paul Police Sergeant Ryan was at 1824 Marshall Avenue, Saint Paul, Ramsey County investigating a burglary incident. Sergeant Ryan and other officers were outside the residence when he heard what he believed to be approximately 5 gunshots coming from the northwest. Sergeant Ryan went to his squad car at the rear of the residential home, put his windows down, and drove through the alley with his lights off. Sergeant Ryan turned north on Dewey Street and saw a vehicle believed to be a maroon Ford Edge on Marshall Avenue. Sergeant Ryan turned on his headlights and the driver and front seat passenger turned and appeared surprised by Sergeant Ryans presence. Sergeant Ryan activated his emergency lights and the SUV fled. Sergeant Ryan turned on his siren and followed the SUV on Marshall to southbound Wheeler Street. The SUV hit its brakes hard as it came to the alley south of Marshall Avenue. Sergeant Ryan saw the front passenger door open and a black male, DESHAWN DOMINIQUE NELSON (DOB; 12-7-1991), exited carrying a big handgun in his right hand. Nelson fled west in the alley and Sergeant Ryan followed in his squad car with his lights and siren activated. Sergeant Ryan aired that Nelson had a gun and watched the handgun closely in case Nelson threw the weapon. Sergeant Ryan readied his own service weapon by unholstering it and bringing it towards his chest. Nelson moved to the left of the alley, turned completely, and pointed the handgun at Sergeant Ryan with his right hand. Sergeant Ryan thought Nelson was going to kill him since he was stuck in his squad car. Sergeant Ryan brought up his gun, fired at, and hit Nelson. Sergeant Ryan knew he had shot Nelson because he saw Nelson flinch. Sergeant Ryan thought, Why isnt he going down? Nelson ran to the south, went over a fence, and fell. Sergeant Ryan got out of his squad, reloaded his magazine, and chased Nelson who still had the gun in his hand. Sergeant Ryan yelled to Nelson, Drop the gun! Drop the gun! Police! Drop the gun! Nelson ran by the side of 1765 Dayton Avenue and went over another fence. When Nelson stood up he turned towards Sergeant Ryan and began to raise his handgun. Sergeant Ryan again fired at and struck Nelson who went down hard. Sergeant Ryan yelled at Nelson to show his hands, but Nelson got up again. Sergeant Ryan thought Nelson may have been wearing body armor because being shot wasnt affecting him. Nelson was injured and staggered away. Sergeant Ryan took cover by the house, he yelled at Nelson. Sergeant Ryan could no longer see Nelsons hands or the gun. Nelson turned again and Sergeant Ryan, believing Nelson was going to shoot him, fired on Nelson a third time. Nelson fell in a boulevard and Sergeant Ryan radioed that he had a person down who needed medical attention. Sergeant Ryan approached Nelson and saw that his hands were empty. Medics arrived and removed Nelson from the scene. Sergeant Ryan walked back through the scene to show others where he was when he fired upon Nelson. Sergeant Ryan then saw a silver Ruger P94 handgun on the ground near the front porch of 1757 Dayton Avenue. The weapon was recovered. Officers spoke to a neighbor, JG, who heard sirens then gunfire. JG grabbed his shotgun and upon exiting his front porch saw Sergeant Ryan with his service weapon drawn and standing over Nelson in the street. JG saw no other people in the area other than Sergeant Ryan and Nelson. Sergeant Ryan asked JG to watch his back
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until other officers arrived because he was afraid the SUV may return. Once backup arrived JG went back inside his residence. Nelson was advised of his constitutional rights and he agreed to speak to police. Nelson said he fled from a newer, red car. Nelson fled from the passenger seat because he thought he had warrants for not paying for his train fares in Minneapolis. Nelson denied having a gun and said he had a phone in his hand when he fled the car.

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Deshawn Dominique Nelson

Co. Atty. Complaint No.: 2126191-1

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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: Sheila Lambie 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: 11/18/2013 PROSECUTING ATTORNEYS SIGNATURE: ____________________________________ Name: Derek Fitch Assistant Ramsey County Attorney 345 Wabasha Street North, Suite 120 St. Paul, MN 55102 651-266-3222/mc Attorney Registration #328339

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Co. Atty. Complaint No.: 2126191-1

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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.

Execute in MN Only

WARRANT 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 abovenamed 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: $100,000.00 Conditions of Release:

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 Clerks Signature or File Stamp:

STATE OF MINNESOTA STATE OF MINNESOTA Plaintiff, vs. DESHAWN DOMINIQUE NELSON Defendant.
RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this COMPLAINT upon the Defendant herein named. Signature of Authorized Service Agent: _________________________________

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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: DESHAWN DOMINIQUE NELSON

Defendant alias name(s): Defendant last known address: State ID: Fingerprint ID: FBI ID: St. Paul PD ID: Offender ID: 1843 Polk St. NE #2 Minneapolis, MN 55418

DOB: 12/07/1991
Alias DOB(s):

OTHER DEFENDANT / CASE IDENTIFIERS:

Fingerprinted? No Yes Yes (Issuing Agency: ) No Handgun permit? Location of violation: IF DRIVING OFFENSE: Driver's License Number: License Plate Number: Accident Type: No injury/no damage check all that apply Personal Injury Blood Alcohol Concentration (BAC):

Issuing State: Issuing State: Property Damage Fatality

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FELONY WARRANT COMPLAINT CT OFFENSE STATUTE STATUTE NO DATE TYPE NBR STATUTE DESCRIPTION OFFENSE LEVEL MOC G O C AGENCY ORI CN NBR FUNCTION

1 11/17/2013

Charge Penalty

609.222.1 609.11.5(a)

Assault-2nd DegreeDangerous Weapon Minimum Sentences of Imprisonment-Firearm Use or Possession

A2427

N St. Paul Police Dept. ORI - MN0620900 CN - 13246999 Charging

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