State of Minnesota County of Hennepin District Court 4th Judicial District Prosecutor File No. Court File No. State of Minnesota, 15A50605 27-CR-15-34800 COMPLAINT Plaintiff, Warrant vs. ALVIN RUDOLPH BELL JR DOB: 11/29/1990 c/o Penny Williams 1436 Colorado Avenue So. #18 St. Louis Park, MN 55416 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: Theft-Take/Drive Motor Vehicle-No Owner Consent Minnesota Statute: 609.52.2(a)(17), with reference to: 609.52.3(3)(d)(v) Maximum Sentence: 5 YEARS AND/OR $10,000, 5 YEARS AND/OR $10,000 Offense Level: Felony Offense Date (on or about): 10/18/2015 Control #(ICR#): 15390665 Charge Description: That on or about 10/18/2015, in Minneapolis, Hennepin County, Minnesota, ALVIN RUDOLPH BELL, Jr., took and/or drove a motor vehicle, a 1999 Toyota 4Runner, MN License 317 GUX, without the consent of Victim A or the Victim A's authorized agent, and he knew or had reason to know that the owner or authorized agent did not give consent. COUNT II Charge: Aggravated Robbery-1st Degree Minnesota Statute: 609.245.1, with reference to: 609.245.1, 609.11.5(a), 609.05.1, 609.05.2 Maximum Sentence: 20 YEARS AND/OR $35,000 Offense Level: Felony Offense Date (on or about): 10/18/2015 Control #(ICR#): 15390665 Charge Description: That on or about 10/18/2015, in Minneapolis, Hennepin County, Minnesota, ALVIN RUDOLPH BELL, Jr., acting alone or intentionally aiding, advising, hiring, counseling or conspiring with others or otherwise procuring others to commit the crime took personal property from the person or in the presence of Victim C knowing that he was not entitled to the property and used and/or threatened the imminent use of force against Victim C to overcome his resistance or powers of resistance to or to compel 1 acquiescence in the taking or carrying away of the property while using or possessing a firearm. Minimum Sentence: 3 YEARS COUNT III Charge: Murder - 2nd Degree - With Intent-Not Premeditated Minnesota Statute: 609.19.1(1), with reference to: 609.11.5(a), 609.05.1, 609.05.2, 609.19.1 Maximum Sentence: 40 YEARS Offense Level: Felony Offense Date (on or about): 10/18/2015 Control #(ICR#): 15390665 Charge Description: That on or about 10/18/2015, in Minneapolis, Hennepin County, Minnesota, ALVIN RUDOLPH BELL, Jr., acting alone or intentionally aiding, advising, hiring, counseling or conspiring with others or otherwise procuring others to commit the crime caused the death of Victim D, a human being, while using a firearm with intent to effect the death of that person or another, but without premeditation. Minimum Sentence: 3 YEARS COUNT IV Charge: Burglary-1st Deg-Dwelling-Occupied-Non-Accomplice Present Minnesota Statute: 609.582.1(a), with reference to: 609.582.1, 609.582.1a, 609.05.1, 609.05.2 Maximum Sentence: 20 YEARS AND/OR $35,000 Offense Level: Felony Offense Date (on or about): 10/18/2015 Control #(ICR#): 15390665 Charge Description: That on or about 10/18/2015, in Hennepin County, Minnesota, ALVIN RUDOLPH BELL, Jr., acting alone or intentionally aiding, advising, hiring, counseling or conspiring with others or otherwise procuring others to commit the crime either directly or as an accomplice, entered a dwelling, without consent and with intent to commit a crime or committed a crime while in the dwelling and other persons who were not an accomplices, were in the dwelling at any time while ALVIN RUDOLPH BELL, Jr., was in the dwelling. COUNT V Charge: Burglary-1st Deg-Poss Dangerous Weapon/Explosive Minnesota Statute: 609.582.1(b), with reference to: 609.582.1, 609.11.5(a), 609.05.1, 609.05.2 Maximum Sentence: 20 YEARS AND/OR $35,000 Offense Level: Felony Offense Date (on or about): 10/18/2015 Control #(ICR#): 15390665 Charge Description: That on or about 10/18/2015, Minneapolis in Hennepin County, Minnesota, ALVIN RUDOLPH BELL, Jr., acting alone or intentionally aiding, advising, hiring, counseling or conspiring with 2 others or otherwise procuring the others to commit the crime, 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 possessed a firearm while in the building. Minimum Sentence: 3 YEARS 3 STATEMENT OF PROBABLE CAUSE Complainant has investigated the facts and circumstances of this offense and believes the following establishes probable cause: BURGLARY: On October 14, 2015, at approximately 9:30 p.m., Minneapolis Police were dispatched to 615 18th St. E., Minneapolis, Hennepin County, Minnesota on a report of a burglary. Victim A, a Hispanic female, reported that she left her apartment at approximately 6:45 p.m., that evening. When she returned home at 9:30 p.m., she noticed a suspicious thin, black male wearing a dark hooded sweatshirt, standing outside the secured front entry to her apartment building. When Victim A tried to open the door to her apartment, she could not turn the door knob, as if it was being held from the other side. After trying to open the door several times, it finally opened. Upon entering, Victim A immediately noticed that items in her apartment were in disarray. She exited the apartment and police were called. Police entered the apartment but found it to be vacant. Police noticed that the suspect’s entry and exit points appeared to be through a bedroom window that was found wide open with the screen removed. Latent prints were recovered from around the bedroom window. One friction ridge impression matched the known palm print of CODEFENDANT ALBERT GEORGE McINTOSH, DOB 12/12/1984 (“MCINTOSH”). Among items taken from the home were a laptop computer, jewelry, $2300 in cash, a black backpack, and a set of keys to a 1999 silver Toyota 4Runner. CAR THEFT: On October 18, 2015, at approximately 10:33 a.m., Victim A reported to police that her 1999 silver Toyota 4Runner, MN license 317 GUX, was no longer parked on 18th Street E., Minneapolis, Hennepin County, Minnesota, where she last parked it. She did not give anyone permission to take her car. ST. PAUL HOMICIDE: On October 18, 2015, at approximately 7:52 p.m., shots were fired in front of 673 Bedford Street, St. Paul, Ramsey County, Minnesota. St. Paul Police responded to the shooting location. The investigation revealed the home of Victim B, Sarah Wierstad, a white female, DOB 3/6/1991, was burglarized. When Victim B returned home and interrupted the burglary, she was shot and killed outside her home. The shooter was described as a black male wearing a dark hooded sweatshirt, holding a semiautomatic handgun. Police officers recovered four 9mm discharged cartridge casings at the scene. All were determined to have been fired from the same gun. A window screen was cut to gain entry into Victim B’s home. Latent prints lifted from the window matched known fingerprints of DEFENDANT ALVIN RUDOLPH BELL, JR., DOB 11/29/1990 (“BELL”). A silver Toyota 4Runner and a black Chevy Suburban were seen on a nearby business video surveillance camera fleeing the scene shortly after the shots were fired. At 8:16 p.m., less than 30 minutes after the murder of Victim B, CO-DEFENDANTS MICHELLE KOESTER, DOB 8/25/1973 (“KOESTER”) and ISIAH LEE HARPER, DOB 7/26/1989 (“HARPER”), and BELL, were captured on a video surveillance camera from a Holiday gas station at 2124 Franklin Ave., Minneapolis. The same black Chevy Suburban and Toyota 4Runner were seen at the gas pumps. BELL successfully used Victim B’s credit card to pay for gas. BELL was wearing a black hooded sweatshirt. HARPER was wearing red. ROBBERY: On October 18, 2015, at approximately 9:18 p.m., Minneapolis police were dispatched to 2652 Bloomington Ave. S, Minneapolis, Hennepin County, Minnesota, on a report of a robbery at gunpoint. Victim C, a Hispanic male, reported that he just parked his car in the back of his apartment building when he was approached by three black males wearing hoods. One suspect was described as being at least six feet tall, in his 30’s, and having a muscular build. McINTOSH is 6’3” tall and 30 years old. This suspect wore a black sweatshirt and brandished a black semi-automatic handgun. The other suspects, identified as HARPER and BELL, were described by Victim C as shorter and younger than the suspect with the gun. 4 BELL is 5’8, 24 years old and HARPER is 5”4”, 26 years old. Victim C described how the taller suspect held him at gunpoint, while the two other suspects rummaged through Victim C’s pockets. They took his wallet, cash, bank card, ID card, and phone. All three males then entered Victim C’s white Chevy Impala, MN license 233 DLP, and drove away from the scene, west on 27th St. E. Video surveillance footage from October 18, 2015, 9:22 p.m. through 9:35 p.m., recovered by police from a Super America located at 2200 Lyndale Ave. S., Minneapolis, showed three vehicles-the stolen Chevy Impala, along with the black Chevy Suburban, and the stolen Toyota 4Runner, previously seen fleeing the scene of Victim B’s murder. McINTOSH and BELL were identified in the video wearing black sweatshirts and HARPER was dressed in a red sweatshirt. A female identified as KOESTER was driving the black Chevy Suburban. While inside the Super America, McINTOSH unsuccessfully attempted multiple times to use Victim C’s credit card before handing the card to BELL. BELL successfully used Victim C’s card to pay for gas at the pumps. At 9:35 p.m., the Toyota 4Runner, driven by BELL, and the Chevy Impala, driven by HARPER, left Super America and traveled east on Franklin Ave. KOESTER drove from Super America in the black Chevy Suburban, with McINTOSH as her passenger. MINNEAPOLIS HOMICIDE: Approximately 25 minutes later, on October 18, 2015, at 10:00 p.m., Minneapolis Police were dispatched to 3701 1st Ave. N., Minneapolis, Hennepin County, Minnesota, on a shots fired call. Upon arriving at that location, police officers discovered Victim D, Julio Moza-Cuate, DOB 2/5/1973, a Hispanic male, lying in the alley, gasping for air, the apparent victim of the gun fire. Victim D was taken to the Hennepin County Medical Center by ambulance where he was later pronounced dead. An autopsy performed by an Assistant Hennepin County Medical Examiner on October 19, 2015, revealed that Victim D died as a result of multiple gunshot wounds throughout his body. Police officers recovered four 9mm discharged cartridge casings at the scene. All were determined to have been fired from the same gun. Police located several witnesses who recalled seeing three black males, one tall and two short, arguing with Victim D and patting down his clothing prior to hearing several gun shots. Three black males were seen running from the scene after the shooting. The male noticeably taller than the other two wore a black hooded sweatshirt, another was dressed in black, and the third wore a red sweatshirt. HOME INVASION BURGLARY: On October 18, 2015, at 11:17 p.m., Minneapolis police were dispatched to a known address on 19th Ave. S., Minneapolis, Hennepin County, Minnesota, on a report of a home invasion burglary. The victims in that case included Victim E, a Hispanic male, as well as Victim E’s wife and four children, aged 11 through 18. Victim E and his family reported that they were home when three black males, one tall and two short, crashed through the back door to the home and demanded property. The taller black male possessed a short–barreled gun. The suspects ordered the victims to get down on the floor as they rifled through the victims’ belongings looking for items to steal. The family members pleaded with the suspects not to hurt them. One of the victims was able to positively identify HARPER as brandishing a handgun. The suspects took six cell phones, a purse, wallet, cash, a small safe containing family members’ identification cards, numerous credit cards, and a Play Station 3. Police investigation revealed that on October 19, 2015, at 12:30 a.m., Victim E’s Wells Fargo credit card was used at a WalMart, located at 1200 Shingle Creek Parkway, Brooklyn Center, to successfully purchase an X-Box. Video Surveillance from WalMart shows BELL, HARPER, and KOESTER using Victim C’s and Victim E’s credit cards in that store. ASSAULT: On October 19, 2015, Minneapolis Police were alerted to a delayed Shot Spotter report that a series of thirteen gunshots were recorded from the area of 728 Queen Ave. N., Minneapolis, at approximately 1:40 a.m. Later that evening, at 10:26 p.m., police were dispatched to the intersection of 8th Ave. N. and Penn Avenue in Minneapolis, where they discovered the stolen Toyota 4Runner, MN license 5 317 GUX. It was riddled with bullet holes. Police recovered six 9 mm discharged cartridge casings at the scene. The casings recovered at this scene, those left at the murder scene of Victim B and those found at the murder scene of Victim D were compared. The casings were all determined to have been fired from the same firearm. On October 20, 2015, a search warrant was executed by St. Paul Police at the home of KOESTER, 3438 Lyndale Ave. N., Minneapolis. Police recovered numerous Mexican identification cards, driver’s licenses from persons with Latino names, and numerous cell phones and jewelry. Among the recovered items was a credit card belonging to Victim C and a receipt from WalMart for the X-Box purchased with Victim E’s credit card. Numerous identification cards and credit cards belonging to the victims of the home invasion burglary (Victim E and his family members) were also recovered. On October 23, 2015, Police met with HARPER while he was detained in Ramsey County jail for crimes relating to the murder of Victim B. After having waived his rights per Miranda, HARPER provided police with a statement about the events that transpired on October 18-19, 2015. He indicated that he met up with BELL and McINTOSH around 6:00 pm., on October 18, 2015. Bell had a white Toyota 4runner that was stolen earlier in the day. KOESTER and McINTOSH drove separately in a black Chevy Suburban. They all decided to do some “licks,” a slang term for robberies. HARPER explained that they purposefully targeted Hispanics. HARPER stated all four were involved in the St. Paul burglary/homicide of Victim B before they travelled to Minneapolis. HARPER stated that McINTOSH shot the woman, Victim B, in St. Paul. After they robbed Victim C behind 2652 Bloomington Ave. S., they later decided that they did not need his car. They then abandoned the stolen Chevy Impala. That car was later found illegally parked at 515 22nd S t. W., Minneapolis, which is one block away from the aforementioned Super America. HARPER admitted that they were involved in the robbery/homicide of Victim D on 1st Ave. in Minneapolis and the home invasion burglary in south Minneapolis of Victim E and his family. McINTOSH told BELL, HARPER, and KOESTER where to go and what to do. KOESTER drove with them to each crime location throughout the night and although KOESTER did not get out of her car at the crime locations, KOESTER was aware of all that was happening. HARPER claimed that he only intended to do robberies and that he was upset that people were getting killed. At the end of the evening, BELL, HARPER, McINTOSH, and KOESTER met up in the area of 8th Ave. N. and Penn Avenue in Minneapolis. BELL, HARPER, and McINTOSH argued over how to split the proceeds of the robbery. MCINTOSH was in the black Chevy Suburban when he confronted BELL and HARPER who were standing near the silver Toyota 4Runner. McINTOSH fired numerous bullets at BELL and HARPER but he did not hit either of them. 6 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 declares under penalty of perjury that everything stated in this document is true and correct. Minn. Stat. § 358.116; Minn. R. Crim. P. 2.01, subds. 1, 2. Complainant Robert Dale Sergeant 350 S 5th St Minneapolis, MN 55415-1389 Badge: 1414 Electronically Signed: 12/11/2015 02:29 PM Hennepin County, Minnesota Being authoriz ed to prosecute the offenses charged, I approve this complaint. Prosecuting Attorney Therese Galatowitsch 300 S 6th St Minneapolis, MN 55487 (612) 348-5550 Electronically Signed: 12/11/2015 02:08 PM 7 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. X 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. X Execute in MN Only Execute Nationwide Execute in Border States 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: $1,000,000.00 Conditions of Release: This complaint, duly subscribed and sworn to or signed under penalty of perjury, is issued by the undersigned Judicial Officer as of the following date: December 11, 2015. Judicial Officer Daniel Mabley District Court Judge Electronically Signed: 12/11/2015 02:44 PM Sworn testimony has been given before the Judicial Officer by the following witnesses: COUNTY OF HENNEPIN STATE OF MINNESOTA State of Minnesota LAW ENFORCEMENT OFFICER RETURN OF SERVICE Plaintiff I hereby Certify and Return that I have served a copy of this Warrant upon the Defendant herein named. vs. Signature of Authorized Service Agent: ALVIN RUDOLPH BELL Jr Defendant 8
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