State of Minnesota County of Hennepin District Court 4th Judicial District Prosecutor File No. Court File No. State of Minnesota, 15A01253 27-CR-15-4966 COMPLAINT Plaintiff, Order of Detention vs. ANDREW NEAL DOB: 10/14/1971 6621 Corvallis Ave N Crystal, MN 55428 Defendant. The Complainant submits this complaint to the Court and states that there is probable cause to believe Defendant committed the following offense(s): COUNT I Charge: Burglary-1st Deg-Assault Person In Build/On Property Minnesota Statute: 609.582.1(c), with reference to: 609.582.1 Maximum Sentence: 20 YEARS AND/OR $35,000 Offense Level: Felony Offense Date (on or about): 02/21/2015 Control #(ICR#): 15061314 Charge Description: That on or about February 21, 2015, in Minneapolis, Hennepin County, Minnesota, ANDREW NEAL, either directly or as an accomplice, entered a building, without consent and with intent to commit a crime or committed a crime, while in the building and assaulted a person within the building. 1 STATEMENT OF PROBABLE CAUSE Complainant has investigated the facts and circumstances of this offense and believes the following establishes probable cause: On February 21, 2015, at about 4:55 a.m., Minneapolis police were dispatched to 1118 24th Avenue North, Minneapolis, Hennepin County, Minnesota, in response to a report of a burglary and assault. Officers determined that the suspect had left through a back door and driven away. Several officers, in at least three squad cars, responded to the burglary call. One of the officers, J.D. herein, had been in the residence and was walking toward officers in one of the squad cars. About three or four feet from the car, officers heard a shot and J.D. exclaimed: “I’ve just been shot.” J.D. was able to tell other officers the injury was to his shoulder; he was helped into a squad car and driven immediately to North Memorial Hospital. Occupants of the residence were interviewed and reported the following. A known adult female, Victim herein, had been in a relationship with ANDREW NMN NEAL, Defendant herein; the two had a child-- now 7 years old—together. Victim and her current boyfriend, Witness herein, had been asleep upstairs in the residence and had been awakened by the teenage son of Witness, who had been asleep downstairs and heard glass breaking, then saw a man walking through the residence. Victim and Witness descended the stairs and found Defendant in the residence. They confronted Defendant and found that he was armed with a hammer, with which Defendant at one point threatened the teenager. Witness walked Defendant toward a back door and Defendant lunged at Witness, brandishing the hammer. Witness pulled a pocket knife and stabbed Defendant superficially. Defendant left by the back door. Victim reported that she received a call as police were leaving in which Defendant said he was coming back and that they better have the police there, and that he did not care if he went back to prison. Victim confirmed that she gave no consent for entry into her residence. Police received information that Defendant was in the vicinity of 1119 Logan Avenue North. Officers converged on this address and determined Defendant to be in an apartment on the second floor. There, officers found Defendant lying on the floor. Defendant was not armed. Next door to 1118 24th Avenue, officers entered the backyard of 1124 24th Avenue and found a handgun and two magazines. The weapon was recovered and is being forensically analyzed. Defendant told Complainant and transporting officers that he was thankful that police did not shoot him, “especially with what’s been going on in Ferguson,” and, that in the circumstances, he might have been shot. By cell phone analysis, officers also located a person Defendant had contacted, stating that he (Defendant) had done something wrong and that it would be on the news. Defendant remains in custody. 2 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 otherwise be dealt with according to law. Complainant Chris Thomsen Sergeant 350 S 5th St Minneapolis, MN 55415-1389 Badge: 7201 Electronically Signed: 02/24/2015 11:44 AM Subscribed and sworn to before the undersigned. Notary Public or Judicial Official Charles Adams, Peace Officer License Number: 8989, Hennepin County, Minnesota. My license expires: 06/30/2016 Police Officer 350 S 5th St Minneapolis, MN 55415-1389 Electronically Signed: 02/24/2015 12:00 PM Being authorized to prosecute the offenses charged, I approve this complaint. Prosecuting Attorney Bill Richardson 300 S 6th St Minneapolis, MN 55487 (612) 348-5550 Electronically Signed: 02/24/2015 11:30 AM 3 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 Defendant’s detention, if already in custody, pending further proceedings. Defendant is therefore charged with the above-stated offense(s). SUMMONS THEREFORE YOU, THE DEFENDANT, ARE SUMMONED to appear on ________ ___, _____ at _____ AM/PM before the above-named court at 401 Fourth Avenue S, Minneapolis, MN 55415 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 X ORDER OF DETENTION Since the Defendant is already in custody, I order, subject to bail or conditions of release, that the Defendant continue to be detained pending further proceedings. Bail: $500,000.00 Conditions of Release: No Contact with Victim This complaint is issued by the undersigned Judge as of the following date: February 24, 2015. Judicial Officer Karen A. Janisch Judge of District Court Electronically Signed: 02/24/2015 12:04 PM Sworn testimony has been given before the Judicial Officer by the following witnesses: COUNTY OF HENNEPIN STATE OF MINNESOTA Clerk's Signature or File Stamp: State of Minnesota Plaintiff RETURN OF SERVICE vs. I hereby Certify and Return that I have served a copy of this Order of Detention upon the Defendant herein named. ANDREW NEAL Signature of Authorized Service Agent: Defendant 4