State of Minnesota Court County of Hennepin District

CCT LIST CHARGE STATUTE ONLY MOC GOC

District Fourth Judicial

___________________________________________________________________________________________ 1 609.221 A1151 N

CTY ATTY FILE NO. CONTROLLING AGENCY CONTROL NO

12-6897
COURT CASE NO. Amended

MN0271100

12351550

DATE FILED

Tab Charge Previously Filed SUMMONS WARRANT ORDER OF DETENTION EXTRADITION

if more than 6 counts (see attached)

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

State of Minnesota,
PLAINTIFF, VS. NAME: first, middle, last KEVIN JAY BRUCE DEFENDANT, 2444 OGEMA PLACE MINNEAPOLIS, MN 55404

SERIOUS FELONY FELONY GROSS MISDM DWI GROSS MISDM

Date of Birth 7/26/70

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

27-CR12-27434 91597 2615531

___________________________________________________________________________________________

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, Patrick Myslajek, of the Minneapolis Police Department, has investigated the facts and circumstances of this offense and believes the following establishes probable cause: On November 10, 2012, Minneapolis Police Officers were dispatched to 2435 18th Avenue South, located in the city of Minneapolis, Hennepin County, Minnesota, on a report of a baby not breathing. Upon arrival, officers observed paramedics bringing the victim, Child A, born 07/14/2012, to the ambulance and administering CPR as Child A was nonresponsive. Officers then spoke to Child As mother, A.B.T. A.B.T. reported that she and the father of Child A, KEVIN JAY BRUCE, DOB 7/26/70, the Defendant herein, had recently arrived back home after taking a walk. A.B.T. reported Child A was fussy and crying loudly. A.B.T. reported the Defendant took Child A upstairs while she made a bottle for Child A. A few minutes later, A.B.T. stated she heard Child A make a loud crying noise and then stop altogether. A.B.T. went upstairs to check on Child A and found him blue in color and not breathing. A.B.T. reported the only other person present with Child A was the Defendant.

FORM-J

REV. 12/95

Page 2 Child A was transported to Hennepin County Medical Center where he was treated for respiratory failure, large bilateral subdural hematomas, increased intracranial pressure, and numerous retinal hemorrhages. A report from Dr. Richard Scott Velders states, to a high degree of medical certainty, the injuries Child A suffered are consistent with inflicted traumatic brain injury due to child physical abuse and occurred on the day of admission to

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CCT SECTION/Subdivision M.O.C. GOC

the hospital. Presently, Child As prognosis is guarded but hopeful, as he has been extubated, is breathing on his own and has been released from the hospital. In a post-Miranda statement, the Defendant denied being alone with Child A, but subsequently admitted that A.B.T. was making a bottle for Child A while he was alone with Child A. The Defendant further denied that Child A was screaming or crying in any way. The Defendant denied he hurt Child A. Instead, he offered several explanations for Child As injuries, all of which are inconsistent with Child As injuries. The Defendant claimed that Child A fell out of a bed in the home a month prior, and also stated that on the evening prior to the assault Child A may have been struck with a childs boot by another child in the home. Subsequently, the Defendant contacted child protection and attempted to allege that A.B.T. had picked up Child A and forcefully handed Child A to the Defendant on the day of the assault. The Defendant claimed he neglected to mention this previously because he didnt want to get A.B.T. in trouble. Dr. Velders was consulted concerning this new allegation and responded that this allegation, even if true, would not have caused the severe head trauma that Child A suffered. The Defendant is presently in custody on an unrelated case. OFFENSE COUNT 1: ASSAULT IN THE FIRST DEGREE (FELONY) MINN. STAT. 609.221, SUBD. 1; 609.101, SUBD. 2 PENALTY: 0-20 YEARS AND/OR $30,000

That on or about November 10, 2012, in Hennepin County, Minnesota, KEVIN JAY BRUCE assaulted Child A and inflicted great bodily harm.

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 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: COMPLAINANTS SIGNATURE:

Patrick Myslajek
DATE: Being duly authorized to prosecute the offense(s) charged, I hereby approve this Complaint. PROSECUTING ATTORNEYS SIGNATURE:

December 28, 2012 PROSECUTING ATTORNEY:

NAME/TITLE:

hjs
ADDRESS/TELEPHONE:

JUANITA C. FREEMAN (0388797) Assistant County Attorney

C2100 Government Center, Minneapolis, MN 55487 Telephone: 612-543-1117

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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: $150,000+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 use of drugs/alcohol; Random Uas; No possession of weapons; Make all appearances; Remain law abiding.

This COMPLAINT- WARRANT duly subscribed and sworn to, is issued by the undersigned Judicial Officer this ____ day of _____________________________, 20____.

____________________________________________________________________________________________ NAME: SIGNATURE TITLE: 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. KEVIN JAY BRUCE 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:

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