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Gary Eugene Drake Page 1 CA-2014-01041

___________________________________________________________________________________

STATE OF MINNESOTA DISTRICT COURT
COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT

COURT FILE NO. _______________________
COUNTY ATTORNEY FILE NO. CA-2014-01041
CONTROLLING AGENCY: MN0190500
CONTROL NUMBER: 14-000910


State of Minnesota,

Plaintiff,

v.


GARY EUGENE DRAKE [ ] SUMMONS
[ ] WARRANT
[X] ORDER OF DETENTION
[ ] AMENDED
14053 DAYTONA WAY
ROSEMOUNT, MN 55068
(DOB: 3/14/53)


Defendant.


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):

COUNT 1: ASSAULT IN THE SECOND DEGREE
Minnesota Statutes 609.222, Subd. 1; 609.101; 609.11, Subd. 5
***PENALTY: 0-7 Years and/or $4,200.00 - $14,000.00
MOC: A2413 GOC: N
[X] Felony [ ] Gross Misdemeanor [ ] Misdemeanor [ ] Petty Misdemeanor


On or about May 25, 2014, in the County of Dakota, Minnesota, GARY EUGENE DRAKE, did
assault another with a dangerous weapon and at the time of offense, the Defendant or an accomplice
did use or possess a firearm, to wit: a Remington 870 shotgun.









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COUNT 2: TERRORISTIC THREATS
Minnesota Statutes 609.713, Subd. 1; 609.101
PENALTY: 0-5 Years and/or $3,000.00 - $10,000.00
MOC: A9413 GOC: N
[X] Felony [ ] Gross Misdemeanor [ ] Misdemeanor [ ] Petty Misdemeanor


On or about May 25, 2014, in the County of Dakota, Minnesota, GARY EUGENE DRAKE, did
threaten, directly or indirectly, to commit any crime of violence with purpose to terrorize another or
to cause evacuation of a building, place of assembly, vehicle or facility of public transportation or
otherwise to cause serious public inconvenience, or in a reckless disregard of the risk of causing such
terror or inconvenience.



STATEMENT OF PROBABLE CAUSE

Your Complainant is a licensed peace officer in the State of Minnesota. Acting in that capacity,
I have reviewed the police reports and state that the following facts are true and establish probable
cause.
On May 25, 2014 at approximately 8:04 p.m., Rosemount police officers were dispatched to the
14000 block of Daytona Way, Rosemount, Dakota County, Minnesota on the report of a male pointing
a gun at a neighbor.
Officers responded to the victims residence and took a statement from the victim, R.O.,
recounting the following details. At approximately 7:45 p.m. that evening, R.O. was teaching his 7
year-old daughter to ride a bicycle on Daytona Road near their home. As R.O. and his daughter were
approaching a nearby cul-de-sac, he observed a male neighbor who lives two houses past the cul-de-sac
at 14053 Daytona Way, later full identified as GARY EUGENE DEFENDANT, DOB: 03/14/1953
(hereinafter Defendant), sitting on his porch. As R.O. got closer to Defendants residence, he could
hear Defendant yelling at him but was not sure what he was saying. R.O. told Defendant, Ive got it.
Defendant continued to yell at R.O. making comments about how his daughter was riding her bike.
R.O. again said Ive got it and Defendant responded, If you dont like my advice, get off the street.
R.O. told Defendant that he didnt own the street and that R.O. would continue to teach his daughter
how to ride her bike there. R.O. said Defendant continued to yell things that he couldnt hear,
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appearing to get angrier. Defendant then went inside his residence. R.O. began walking away from
Defendants residence and then heard Defendant exit his house. R.O. looked over his shoulder and saw
Defendant holding some type of long gun. Defendant was pointing the gun towards R.O. and
threatening to kill R.O. R.O. saw Defendants wife come out of their residence, grab Defendants gun,
point it downward and then physically drag Defendant inside of the house. R.O. continued walking
away from Defendants residence. Approximately 30 seconds later, Defendant returned back outside,
again yelling Im going to kill ya. R.O. said he was afraid of Defendant. R.O. was asked if he made
any threats or comments that would cause Defendant to get a gun and he said he did not.
Rosemount police officers made telephone contact with Defendants wife who came out of the
residence. Defendants wife confirmed that Defendant pointed a gun at a man with whom he had a
confrontation with a few minutes earlier. She later told police that she had tried to stop the Defendant.
Defendant had since put the gun away and was watching TV. Defendants wife brought officers to the
back of the house and motioned for Defendant to come outside to talk to the officers which he did.
Defendant was identified by law enforcement and in an out-of-custody statement, confirmed
that he had just had a confrontation with a man [R.O.] in front of his house. Defendant said he didnt
like how R.O. was treating his daughter while teaching her how to ride her bike and he and R.O. had
exchanged words. Defendant claimed R.O. told Defendant he was going to get something and
Defendant responded that he could get something too. Defendant admitted to bringing a shotgun
outside and pointing the gun at R.O. Defendant said he then brought the gun back inside and put it
away, and returned outside to again exchange words with R.O. Defendant confirmed he had been
drinking that day. When asked if his poor decision-making was the result of his drinking, Defendant
responded, absolutely not. Defendant was taken into custody and told what charges he was being
arrested for. Defendant said, Maybe next time I should have shot him.
Defendants wife voluntarily turned the shotgun over to law enforcement as well as a rifle
belonging to Defendant. The shotgun was identified as a Remington 870 shotgun.

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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.
___________________________________________________________________________

Complaint requests that Defendant, Gary Eugene Drake, 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:

Subscribed and sworn to before the undersigned this _________ day of ____________, 2014.
NOTARY STAMP: SIGNATURE:

Notary Public


Being authorized to prosecute the offenses charged, I approve this complaint.
PROSECUTING ATTORNEY'S SIGNATURE:
Date:







(mcn)
Name: Jenny R. Nystrom
Assistant Dakota County Attorney
Dakota County Judicial Center
1560 Highway 55
Hastings, MN 55033

(651) 438-4438
Attorney Registration No.: 0393309
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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 ___________, at
_____ before the above-named court at the Dakota County Judicial Center 1560 Highway 55, Hastings, MN 55033 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 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 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 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 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:
Conditions of Release:

This complaint, duly subscribed and sworn to, is issued by the undersigned Judicial Officer this _28th_ day of
_____May________________, 2014.

JUDICIAL OFFICER: SIGNATURE:
NAME:
TITLE:


Judge of District Court

_/s/________________________________________
Judge

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

COUNTY OF DAKOTA
STATE OF MINNESOTA
Clerks Signature or File Stamp:

STATE OF MINNESOTA




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:


Plaintiff,
vs.
GARY EUGENE DRAKE


Defendant.

_________________________________________