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StateofMinnesota CountyofWashington

DistrictCourt 10thJudicialDistrict
ProsecutorFileNo. CourtFileNo. CR2013580 82CR133474

StateofMinnesota, Plaintiff, vs. JONROSSWENTZDOB:07/12/1966 260BurgessSquare Apt.2. St.Paul,MN55117 Defendant.

COMPLAINT Warrant

The Complainant submits this complaint to the Court and states that there is probable cause to believe Defendantcommittedthefollowingoffense(s): COUNTI Charge:CriminalVehicularHomicideorOperationAlcoholConcentration.08orMoreW/in2Hrs Driving MinnesotaStatute:609.21.1(4),withreferenceto:609.21.1a(b) MaximumSentence:5yearsand$10,000 OffenseLevel:Felony OffenseDate(onorabout):08/28/2012 Control#(ICR#):12405902 Charge Description: cause great bodily harm to M.F.C.S as a result of operating a motor vehicle while havinganalcoholconcentrationof.08ormorewithin2hoursofthetimeofdriving COUNTII Charge:CriminalVehicularHomicideorOperationAlcoholConcentration.08orMoreW/in2Hrs Driving MinnesotaStatute:609.21.1(4),withreferenceto:609.21.1a(b) MaximumSentence:5yearsand$10,000 OffenseLevel:Felony OffenseDate(onorabout):08/28/2012 Control#(ICR#):12405902 Charge Description: cause great bodily harm to K.A.S. as a result of operating a motor vehicle while havinganalcoholconcentrationof.08ormorewithin2hoursofthetimeofdriving COUNTIII Charge:CriminalVehicularHomicideorOperationOperateVehiclewithNegligenceUnder InfluenceAlcohol MinnesotaStatute:609.21.1(2)(i),withreferenceto:609.21.1a(b) 1

MaximumSentence:5yearsand$10,000 OffenseLevel:Felony OffenseDate(onorabout):08/28/2012 Control#(ICR#):12405902 Charge Description: cause great bodily harm to M.F.C.S. as a result of operating a motor vehicle in a negligentmannerwhileundertheinfluenceofalcohol COUNTIV Charge:CriminalVehicularHomicideorOperationOperateVehiclewithNegligenceUnder InfluenceAlcohol MinnesotaStatute:609.21.1(2)(i),withreferenceto:609.21.1a(b) MaximumSentence:5yearsand$10,000 OffenseLevel:Felony OffenseDate(onorabout):08/28/2012 Control#(ICR#):12405902 Charge Description: cause great bodily harm to K.A.S. as a result of operating a motor vehicle in a negligentmannerwhileundertheinfluenceofalcohol COUNTV Charge:CriminalVehicularHomicideorOperationOperateVehiclewithNeglUndInflCtrlSubst MinnesotaStatute:609.21.1(2)(ii),withreferenceto:609.21.1a(b) MaximumSentence:5yearsand$10,000 OffenseLevel:Felony OffenseDate(onorabout):08/28/2012 Control#(ICR#):12405902 Charge Description: cause great bodily harm to M.F.C.S. as a result of operating a motor vehicle in a negligentmannerwhileundertheinfluenceofcontrolledsubstance COUNTVI Charge:CriminalVehicularHomicideorOperationOperateVehiclewithNeglUndInflCtrlSubst MinnesotaStatute:609.21.1(2)(ii),withreferenceto:609.21.1a(b) MaximumSentence:5yearsand$10,000 OffenseLevel:Felony OffenseDate(onorabout):08/28/2012 Control#(ICR#):12405902 Charge Description: cause great bodily harm to K.A.S. as a result of operating a motor vehicle in a negligentmannerwhileundertheinfluenceofcontrolledsubstance COUNTVII Charge:TrafficDWIOperateMotorVehicleAlcoholConcentration0.08Within2Hours MinnesotaStatute:169A.20.1(5),withreferenceto:169A.25.2 MaximumSentence:Oneyearand$3,000 OffenseLevel:GrossMisdemeanor 2

OffenseDate(onorabout):08/28/2012 Control#(ICR#):12405902 Charge Description: drive, operate or be in physical control of any motor vehicle within this state or on any boundary water of this state when said defendant's alcohol concentration at the time, or as measured within two hours of time, of driving, operating or being in physical control of the motor vehicle is 0.08 or more when two or more aggravating factors were present, to wit: Revocation of license for impliedconsentdrugsDecember23,2011andDWIofacontrolledsubstancedatedAugust20,2011

STATEMENTOFPROBABLECAUSE TheComplainantstatesthatthefollowingfactsestablishprobablecause:

Your Complainant is a licensed peace officer in the State of Minnesota and offers the following to establish probable cause: On August 28, 2012 at approximately 9:03 p.m., Minnesota State Trooper Yarusso was dispatched based on a report of a serious crash. The crash reportedly occurred on Trunk Highway 5 and Stillwater Lane in the City of Lake Elmo, County of Washington, State of Minnesota. Assisting the trooper were other State Patrol officers, Washington County sheriff deputies and medical personnel. When they arrived they observed a Buick Regal with Minnesota license plate 254JWY facing west in the eastbound lane with heavy front end damage. There was a single male behind the wheel who was later identified as the defendant John Ross Wentz d/o/b 07/12/1966. Law enforcement also observed a silver Honda Civic in the south ditch facing south/southwest with heavy front end damage. In the Honda were two females who were conscious and alert but pinned in the vehicle. The defendant was slumped in the driver's seat unconscious and having difficulty breathing. Troopers attempted to pry the defendant's door open with a crow bar but were unsuccessful. They then, with the assistance of the ambulance crew, were able to remove the defendant through the passenger door. He was then transported to Regions Hospital. At the time of the crash the defendant's driving privileges were revoked for a prior DWI charge and conviction from 2011. The vehicle the defendant was driving had no insurance. The defendant had a methadone card on his person. During their investigation, law enforcement was informed that a driving complaint had been made an hour prior in regards to this same Buick. The complainant notified law enforcement that the vehicle was all over the road. When the victims in the Honda were extracted from the vehicle, the passenger (identified as K.A.S.) appeared to have serious lower body injuries and was transported to Regions Hospital. The driver, (identified as M.F.C.S.) was also transported to Regions Hospital with several lower body injuries. The initial report indicates that it appeared that the Buick crossed over the center line and struck the Honda head on. Trooper Swanson responded to Regions Hospital and was able to obtain a blood sample from the defendant. The blood sample was taken due to the fact that the defendant was going into surgery. A blood sample was drawn at 10:35 by a registered nurse at Regions. The blood sample was then sent to the BCA for testing. The BCA report indicates that the defendant was under the influence with a blood alcohol content of .08. Additionally, he had methadone in his system. Accident reconstruction conducted by the Minnesota State Patrol indicates that the defendant, prior to the collision, was traveling westbound in the eastbound lane of Minnesota Truck Highway 5 at or near the speed limit of 55 mph. The Honda was traveling eastbound in its eastbound lane and significantly reduced its speed. The defendant had crossed over the center line striking the Honda in a head-on crash. A review of the defendant's driving record indicates he has prior qualified impaired driving incident from December 2011; a Driving Under the Influence conviction from August of 2011. The victim K.A.S. who is 15 sustained an open left femur fracture and bilateral clavicle fracture and had to have screws and plates in her body to assist in her recovery. She also sustained fractures on the left T1 and T2 on the thoracic spine as well as a left rib fracture. The victim M.F.C.S. age 20 sustained femur fracture, acute respiratory failure, hemorrhagic shock, rhabdomyolysis, , acute posthemorrhagic anemia, 4

lactic acidosis, a subconjuctival hemorrhage, a traumatic brain injury, open fracture of the shaft of fibula with tibia, open fracture of lower end of radius with ulna, open fracture of shaft of femur, malar and maxillary bones closed fracture, orbital floor (blow-out) closed fracture, hypotension unspecified, acute pain due to trauma. A complaint warrant is being requested due to the injuries to the victims, the seriousness of the crime and the defendant's criminal history which includes additional felonies.

SIGNATURESANDAPPROVALS ComplainantrequeststhatDefendant,subjecttobailorconditionsofrelease,be: (1)arrestedorthatotherlawfulstepsbetakentoobtainDefendant'sappearanceincourtor (2)detained,ifalreadyincustody,pendingfurtherproceedingsandthatsaidDefendantotherwise bedealtwithaccordingtolaw. Complainant EricZastrow StateTrooper 3489HadleyAveN Oakdale,MN55128 Badge:85 ElectronicallySigned:8/22/2013

Subscribedandsworntobeforetheundersigned. NotaryPublicor JudicialOfficial LindaBerger Commissionexpires:01/31/2017 NotaryPublic,CountyofRamsey ElectronicallySigned:8/22/2013 3489HadleyAveN Oakdale,MN55128 NotaryID:31018917

Beingauthorizedtoprosecutetheoffensescharged,Iapprovethiscomplaint. ProsecutingAttorney ThomasD.Wedes AssistantCountyAttorney POBox6 1501562ndStreetNorth Stillwater,MN55082 (651)4306115 ElectronicallySigned:8/22/2013

FINDINGOFPROBABLECAUSE
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, pendingfurtherproceedings.Defendantisthereforechargedwiththeabovestatedoffense(s).

SUMMONS
THEREFORE YOU, THE DEFENDANT, ARE SUMMONED to appear on ________ ___, _____ at _____ AM/PM before the above-named court at 14949 62nd Street N PO Box 3802, Stillwater, MN 55082-3802 to answer this complaint.
IFYOUFAILTOAPPEARinresponsetothisSUMMONS,aWARRANTFORYOURARRESTshallbeissued.

X WARRANT
To the Sheriff of the abovenamed 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 36hoursafterthearrestorassoonassuchJudgeorJudicialOfficerisavailabletobedealtwithaccordingtolaw.
ExecuteinMNOnly ExecuteNationwide X ExecuteinBorderStates

ORDEROFDETENTION
Since the Defendant is already in custody, I order, subject to bail or conditions of release, that the Defendant continue to be detainedpendingfurtherproceedings. Bail:$ ConditionsofRelease: ThiscomplaintisissuedbytheundersignedJudgeasofthefollowingdate:August23,2013.
JudicialOfficer

EllenLouiseMaas DistrictCourtJudge

ElectronicallySigned:8/23/2013

SworntestimonyhasbeengivenbeforetheJudicialOfficerbythefollowingwitnesses: COUNTYOFWASHINGTON STATEOFMINNESOTA Clerk'sSignatureorFileStamp:

StateofMinnesota
Plaintiff vs. RETURNOFSERVICE
IherebyCertifyandReturnthatIhaveservedacopyofthisWarrant upontheDefendanthereinnamed.

JonRossWentz
Defendant

SignatureofAuthorizedServiceAgent:

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