STATE OF MINNESOTA

COUNTY OF SCOTT

State of Minnesota,
Plaintiff,
v.

DISTRICT COURT
FIRST JUDICIAL DISTRICT
COURT FILE NO.: ______________________
PROSECUTOR FILE NO.: 146945-14

COMPLAINT- ORDER FOR DETENTION

Johnathan Demetures Herring, DOB 12/26/1981 (32)

Herring, Johnathan Demetrus
Herring, Johnathon Demetrus
Herring, Johnathan Demetrius
Unknown
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
In Violation of:
Penalty Statute:
Supplemental(1):
MOC:
ICR:
Modifier:
Penalty:

Assault-2nd Degree-Dangerous Weapon-Substantial Bodily Harm

609.222 subd. 2
609.222 subd. 2 - Assault-2nd Degree-Dangerous Weapon-Substantial Bodily Harm
609.11 subd. 5(a) - Minimum Sentences of Imprisonment-Firearm Use or Possession
A2211
14003313
609.11 subd. 5(a) - Minimum Sentences of Imprisonment-Firearm Use or Possession
10 years in prison, a $20,000 fine, or both
On or about 11/22/2014, within the City of Jordan, County of Scott, State of Minnesota,
Johnathan Demetures Herring, DOB: 12/26/1981 (32), did assault another, to-wit: SLS with a
dangerous weapon and inflicted substantial bodily harm.

Count: 2
In Violation of:
Penalty Statute:
MOC:
ICR:
Penalty:

Domestic Assault - Felony

609.2242 subd. 4
609.2242 subd. 4 - Domestic Assault-Felony
AJ211
14003313
5 years imprisonment and $10,000 fine
On or about 11/22/2014, within the City of Jordan, County of Scott, State of Minnesota,
Johnathan Demetures Herring, DOB: 12/26/1981 (32) did commit an act with intent to cause fear
in another of immediate bodily harm or death within 10 years of the first of any combination of
two or more previous qualified domestic violence-related offense convictions or adjudications of
delinquency.

Count: 3
In Violation of:
Penalty Statute:
MOC:
ICR:
Penalty:

Terroristic Threats-Reckless Disregard Risk

609.713 subd. 1
609.713 subd. 1 - Terroristic Threats-Reckless Disregard Risk
A9211
14003313
5 years imprisonment and $10,000 fine
On or about 11/22/2014, within the City of Jordan, County of Scott, State of Minnesota,
Johnathan Demetures Herring, DOB: 12/26/1981 (32) did unlawfully and wrongfully threaten,
directly or indirectly, to commit any crime of violence with purpose to terrorize another or to

PAGE 2

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.
Count: 4
In Violation of:
Penalty Statute:
MOC:
ICR:
Penalty:

Assault-5th Deg-Inflict or Attempt Bodily Harm

609.224 subd. 1(2)
609.224 subd. 1(2) - Assault-5th Deg-Inflict or Attempt Bodily Harm
A5302
14003313
90 days in jail, or $1,000 fine, or both
On or about 11/22/2014, within the City of Jordan, Scott County, Minnesota, Johnathan
Demetures Herring, 12/26/1981 (32), intentionally inflicted or attempted to inflict bodily harm
upon another. To wit: AAJ.

PAGE 3

STATEMENT OF PROBABLE CAUSE

On
November 22, 2014, at approximately 8:47 p.m., Jordan Police Officers were dispatched to Hope
Lutheran Church, 201 Hope Avenue, Jordan, Scott County, Minnesota, to investigate a domestic assault
call. Dispatch advised there was a suspect in the basement of the church with a gun, and a female victim
had been injured. The church participates in a program called Families Moving Forward, which is meant
to help the homeless. Families were staying at the church.
Officer Culpepper entered the church and was approached by an adult male, later identified as T.A.F.,
who told the officer that the suspect had fled the church and the victim was downstairs. Officer Culpepper
went downstairs and found S.L.S. sitting on a couch. The officer saw that S.L.S. had blood on her
clothing and arms. Multiple witnesses at the scene told the officer the suspect had fled the scene. After
the scene was secured, Officer Culpepper spoke with S.L.S. who was visibly upset, crying, and yelling.
She told the officer she knew this was going to happen the other night. S.L.S. was referring to an incident
that occurred on Thursday, November 20, 2014. The officer could see that S.L.S. had a wound on the left
side of her head and ear. S.L.S. further told the officer:
She was lying in bed and the door to her room opened.
She saw it was her ex-boyfriend, JOHNATHAN DEMETURES HERRING, DOB: 12/26/1981, hereinafter
referred to as the Defendant.
She got out of bed, and the Defendant told her, bitch, sit down.
The Defendant pulled a gun from his pants and she heard the sound of the gun being racked.
The Defendant put the gun back in his pants.
She got out of the room and the Defendant tried to pull her back in.
The Defendant hit her on the side of the head with a closed fist.
She is five months pregnant.
Later that evening, Detective Rudolph spoke with S.L.S., who further stated:
She has been staying at a womans shelter since August, 2014.
The argument began Thursday night (11/20/2014) with the Defendant.
She and the Defendant have been on/off together since 2010.
They have one child in common, and have another child together on the way.
She is five months pregnant with the Defendants child.
She currently has three children.
The Defendant went to jail for burglary around Thanksgiving, 2010 and was released in December of
2013.
She was together with the Defendant from December, 2013 to February, 2014.
Around February 22, 2014, she had an argument with the Defendant because he accused her of cheating
on him.
She woke up and then Defendant was choking her and he was arrested.
She did not appear in court and the Defendant was released.
She did not appear because she was afraid of the Defendant and had received messages from the
Defendant and acquaintances telling her not to testify against the Defendant.
The Defendant was released from custody in March or April of 2014.
Defendant came to her work and begged her not to appear in court.
The charges were dropped in May, 2014.She and the Defendant got back together in June, 2014.
She and the Defendant had been staying in Jordan from June to August, 2014, when she moved into a
shelter.
The Defendant approached her while she was in bed.
The Defendant pointed a black pistol at her face and said he would blow [her] f***ing head off and he
was upset over the ongoing argument from a few days ago.
She said she was afraid and thought she would be killed.
The Defendant has assaulted her on various occasions in the past.

PAGE 4

She was able to escape from the Defendant and go to a commons area where other people were
present.
The Defendant pointed the pistol at her again and she thought she would be shot.
The Defendant struck her across the left side of her face with the pistol before he fled the building.
The officers then spoke with A.A.J., whom was also present at the shelter that night, and stated:
She was in the bathroom doing her hair.
She left the bathroom and saw the Defendant.
The Defendant said to her, Dont say Im here.
She saw the Defendant make his way to S.L.S.s room and she followed.
The Defendant went into S.L.S.s room and argued with her about the legitimacy of her pregnancy.
She saw S.L.S. motion that the Defendant had a gun.
S.L.S. got away from the Defendant.
She got between the Defendant and S.L.S.
The Defendant grabbed her (A.A.J.) by the throat and pushed her aside.
She saw that the Defendant had a gun in his hand.
The Defendant pointed the gun at S.L.S.s head.
She ran upstairs and called for help.
When she ran back after approximately three
minutes, the Defendant was gone, and S.L.S. was bleeding from the side of her head and crying.
Officer Culpepper then spoke with J.D.M., at the Hope Lutheran Church, whom was also present at the
shelter that night, who stated:
She was in the main room and she saw the Defendant come into the main area.
The Defendant looked at her and said, Shhh, telling her not to say anything.
She saw the Defendant go into S.L.S.s room.
S.L.S. and the Defendant came out of the room.
The Defendant pushed A.A.J.
The Defendant then pulled a gun out and hit S.L.S. in the head with the gun.
The gun was black in color.
She then ran upstairs to get help.
Sgt. Schultz interviewed K.M.L., at the Hope Lutheran Church, whom was also present at the shelter that
night, who stated:
She was in her room with a headache.
She could hear her kids playing in the hall/lobby area.
She then heard her kids yelling, mommy, mommy.
She got up and looked down the hallway and noticed the kids were screaming and crying.
She left her room and went to the children.
The children told her that Johnathan (the Defendant) had broken in.
She looked in S.L.S.s room and saw that she had blood all over the side of her head and shirt.
She went to her room and dialed 911.
She said the Defendant showed up last night, 11/21/2014 and argued with S.L.S.
The Defendant threatened he was going to hurt S.L.S., and he had a history of showing up to confront
S.L.S.
At 10:13 on November 22, Sgt. Schultz made two telephone calls to the Defendant, and finally made
contact with the Defendant, who stated:
He didnt know anything about an incident that took place that night.
You called me, tell me what happened.
He was currently in Minneapolis at the corner of 36th and Penn, in a house.
I dont have to meet with you in person.
The Defendant then disconnected the phone.

PAGE 5

Sgt. Schultz then had Dispatch ping the Defendants phone. At 10:48, he received a 21-minute old ping
on the Defendants phone that showed it was located at County Road 19, east of New Prague.
Sgt. Schultz then spoke with S.C.D., whom was at the shelter that night at the Hope Lutheran Church and
she stated:
Her room is next to S.L.S.
She heard what she thought was a movie.
She heard a male voice and a loud thump.
As she left her room she saw S.L.S.s room door ajar.
She noticed the kids were screaming and S.L.S. was bleeding from her left head area, and screaming
that the Defendant hit her and he has a gun.
All the kids were also yelling, Why did daddy do this.
On November 23, 2014, at 6:55 a.m., Jordan Police Officer Otto received a dispatch regarding a motor
vehicle stolen from a residence that was located in the vicinity of Hope Lutheran Church. The vehicle
was stolen from the residence of a relative of S.L.S. The victim in the car theft, A.D.R. reported that the
vehicle, a 2002 Volkswagen was taken sometime between 2:00 a.m. and 4:00 a.m.
At approximately 7:58 a.m., Officer Otto received a message to call A.D.R. The Officer called A.D.R. and
learned that the Defendant had made contact with a relative of S.L.S., W.S., who is the roommate of
A.D.R., and was advised that the vehicle would be located near 36th Street and Chicago Avenue South, in
Minneapolis, MN. Officers believed that the Defendant would be in the area of 3544 Chicago Avenue and
asked for and received the assistance of the Minneapolis Police Department. Later the Minneapolis
Police located the vehicle parked in front of 3603 Chicago Avenue South.
The police then made contact with the
occupants of 3603 Chicago Avenue South and were granted access. The police searched the residence
and located the Defendant hiding inside of a clothes dryer. The Defendant was arrested and taken to the
Hennepin County Jail.
Later that day, Jordan Police Chief Empey arrived at the Hennepin County Jail and took custody of the
Defendant. While being taken to the Scott County Jail, the Defendant asked Chief Empey what the
accusations were. Chief Empey asked if he recalled being at the Hope Lutheran Church the previous
evening. The Defendant stated he recalled being there, but nothing else. Chief Empey told the
Defendant once at the jail he would be read his Miranda warning and then could speak.
Once at the Scott County Jail, Chief Empey read the Miranda warning to the Defendant who stated he
wished to have an attorney present. Chief Empey stopped questioning the Defendant and began to fill
out forms. The Defendant then, without being questioned stated, I left the church on a bike and went
straight to McDonalds where I work. I hid in the little shack outside the whole time, I saw all the police. I
thought there was a helicopter coming. Chief Empey told the Defendant if he wished to make a
statement he could contact the police.
Officers then reviewed
the earlier incident with the Defendant and S.L.S. On November 20, 2014, at approximately 9:07 p.m.,
Jordan Police Officers were dispatched to a call of a verbal argument between a couple occurring at
Hope Lutheran Church, 201 Hope Avenue, Jordan, Scott County, Minnesota. The reporting party called
and said the argument was getting heated and someone should be sent. Officers Stolt and Crohn arrived
on the scene and separated the parties, S.L.S., who lived at the homeless shelter in the church, and
JOHNATHAN DEMETURES HERRING, DOB: 12/26/1981, hereinafter referred to as the Defendant. The
officers spoke to both S.L.S. and the Defendant and were told the incident was over. S.L.S. was living at
the shelter and the Defendant was not part of the program. Words had been exchanged verbally and via
text messages. The officers told the Defendant not to return to the church or he would go to jail. The
officers gave the Defendant a ride to the Holiday station so he could meet his ride. The officers checked
the church doors and all were secure.

PAGE 6

Later, officers examined S.L.S.s cell phone and recovered text messages made from the Defendants cell
phone number ***-***-0212, to S.L.S.. These test messages were made after the police had responded
to Hope Lutheran Church on November 20, 2014, concerning the verbal domestic. The Defendant texted
the following messages:
11/20/2014 at 8:07 p.m. I didnt get home Im going to make sure you will not see another day on this
earth I will kill u want on u to come out that place I will go to jail for the rest of my life [S.L.S.] dont make
me do this u can show anybody this text on me I dont get home thats your ass
11/20/2014 at 8:15 p.m.: We will see once I get out I got u I put tihat on lil dude in your stomach
11/20/2014 at 9:55 p.m.: I hope you and that babe die out this world nobody likes u not even your family
because they know u a fake Bitch
A check of state records showed that in the previous 10 years the Defendant has two or more domestic
violence related offenses: 05/04/2010 Domestic Assault, Hennepin 27-CR-1020531; and 05/10/2010
Domestic Assault, Hennepin County 27-CR-10-25977; 05/10/2010 Violation of an Order for protection,
Hennepin County 27-CR-10-25977. In addition the Defendant has a conviction for: Burglary Second
Degree, Hennepin County 27-CR-10-54981. The Defendant is also a multi-state offender with records
from, Illinois, Mississippi and Tennessee.
Defendant is currently in custody and described as a 32 year-old black male, 508, weighing
approximately 189 pounds with brown eyes.
PLEASE TAKE NOTICE: Pursuant to Minn. Stat. 609.49., intentional failure to appear for duly scheduled
court appearances may result in additional criminal charges, and in addition to any arrest warrant that
may otherwise be issued by the Court.

PAGE 7

Complainant requests that Defendant, subject to bail or conditions of release, be:

(1) Arrested or 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.
COMPLAINANT'S NAME:

COMPLAINANT'S SIGNATURE:

____________________________________

____________________________________

Subscribed and sworn to before the undersigned this ____ day of _______________, 2014.

NAME/TITLE:

SIGNATURE:

____________________________________

____________________________________

Being authorized to prosecute the offenses charged, I approve this complaint.

PROSECUTING ATTORNEY'S SIGNATURE:

Date: ______________________________

____________________________________
Michael J. Groh 189741
Assistant County Attorney
200 Fourth Avenue West
Shakopee, MN 55379
(952) 496-8636

PAGE 8

Court File Number: ____________________

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 to 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 ABOVE-NAMED DEFENDANT, ARE HEREBY SUMMONED to appear on the
_________ day of ________________, 20___ at ____________________ before the above-named court
at 200 Fourth Avenue West Shakopee, MN 55379 to answer this complaint.
___ 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 _____
day of ___________________, 20____.
JUDICIAL OFFICER:

SIGNATURE:

NAME: _______________________________
TITLE: _______________________________

__________________________________

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

Clerks Signature or File Stamp:

STATE OF MINNESOTA

State of Minnesota
Plaintiff,
vs.

RETURN OF SERVICE
I hereby Certify and Return that I have served a copy of
this Summons upon the Defendant(s) herein-named.
Signature of Authorized Service Agent:

Johnathan Demetures Herring

Defendant.

PAGE 9

PAGE 10

DEFENDANT FACT SHEET

Other DOBs:
Race/Ethnicity:
CID:

MN09CQ4598

Alias Information: Herring, Johnathan Demetrus

Herring, Johnathon Demetrus
Herring, Johnathan Demetrius
Fingerprinted: Done
Handgun Permit:
Location of Violation:
Drivers License #:
Accident Type:
License Plate #:
BAC Status:
BAC Level:

PAGE 11

Statute and Offense Grid

Count: 4

Ct

Statute Type

Offense Date

Statute #/Descr and Sup

Level

MOC

GOC

Rpt Ctrl Agncy

Rpt Ctrl #

State Statute

11/22/2014

609.222 subd. 2 - Assault-2nd

Degree-Dangerous WeaponSubstantial Bodily Harm

A2211

NA

MN0700200

14003313

AJ211

NA

MN0700200

14003313

A9211

NA

MN0700200

14003313

A5302

NA

MN0700200

14003313

609.222 subd. 2 - Assault-2nd

Degree-Dangerous WeaponSubstantial Bodily Harm
609.11 subd. 5(a) - Minimum
Sentences of ImprisonmentFirearm Use or Possession

State Statute

11/22/2014

609.2242 subd. 4 - Domestic

Assault - Felony
609.2242 subd. 4 - Domestic
Assault-Felony

State Statute

11/22/2014

609.713 subd. 1 - Terroristic

Threats-Reckless Disregard
Risk
609.713 subd. 1 - Terroristic
Threats-Reckless Disregard
Risk

State Statute

11/22/2014

609.224 subd. 1(2) - Assault-5th M

Deg-Inflict or Attempt Bodily
Harm
609.224 subd. 1(2) - Assault-5th
Deg-Inflict or Attempt Bodily
Harm