CAUSE I, Detective Slept), 135 with the St. Charles Police Department, a law enforcement agency, state that the facts contained herein are true to my best knowledge and belief and that any false statements made are punishable by law. 1_ On Jan 26, 2013 (date of crime) at 209 S. Kingshighway, St. Charles Mo. 63301 (location of crime) in St. Charles County, MO, MiChae/L- did: (name of suspect) act in a reckless manner by infecting another with HIV. On 01-26-2013, Victim DTL met with Johnson in Johnson '8 dorm room located at 209 S. Kingshighway located in St. Charles County. During this encounter, DTL and Johnson had engaged in oral and anal sex. Prior to any sexual activity, DTL asked Johnson if he was "disease free" to which Johnson replied yes. During this incident, the victim was exposed to Johnson ?3 semen. Johnson did not take proper precautions and did not wear a condom during this encounter. Approximately a month later, victim DTL became seriously ill and sought medical treatment at Mercy Hospital where he was diagnosed with HIV and Gonorrhea. Medical records were obtained documenting the diagnoses. Medical records were obtained from the State of Missouri showing that Johnson had been previously been tested for HIV and was notified that he was HIV positive on 01-07?2013. A non custodial interview was conducted with Johnson on 10-07-2013. During the course of the interview, Johnson admitted that he had been tested for HIV, knows that he is HIV positive,? that he had unprotected sexual intercourse with DTL and that the incident had occurred in his dorm room. Johnson also advised that he had video recorded the incident. 2. DRUG CASES ONLY: The lab report confirmed the substance to be and weighed .(if applicable). 3. I have reasonable grounds to believe that the defendant will not appear upon the summons or is a danger to the crime victim, the community or any other person because: Johnson '5 home of record is in Indiana. During the interview Johnson admitted to having sexual encounter with between 5 and 10 individuals in the past year. Date; 10-09?2013 Report 13-00-4241 41/ 57/ This is a form approved by the St. Charles County Prosecuti 'g Att mey. INCIDENT REPORT (Aw! De amnenl PUBLIC COPY A om fling/7" it MO 09203017 Known Scum: Ll 2mm, School/rolls um 01/25/39" (Cum) Wupun/Tmfl: OfAnmm-r Fm Sccun lrfided Amman Wzaprm/Ioul: A [Mn Fm Secur A 1 Weapon/Tool: am pm saw, MD I Twe OLherMnJurlnjury nos Race 5" Relwummp guy VI I. I Ag: 20 IHR NnmResxd EmpluynrNamg/Afldwii 0 1w: AW ENFORCEMENT Injuryfi'm' 5' 1oO/1Qemle? 5 la Age 21 numadm 9 mm" Namz'Afldvess Phan: Mamie Phonc I t' Imury cad: NunuLanIumJfivduk) DOB Race Sn Rclaumnm Mlur 5 Age Harm/Ndms Mobile Plumb Nun: sum 1 "mum/mm a Recovuad 3 Mnan rwvemd {or Omu Sums leu Vame OJ QTY Propcm Drum;me swam-1mm 0 1 CROCER 342 mum 575", 135 sunemm STEIMP A (169) ('omNaInml Signnun: Sum Dummy. [we Page I andey DONALDSTEPP, Donald 3m mm mmqu 092921; Kama. rum?" rm>> 1] 0047" .81 Lharle: Paha' kaarlmem REPORT m" rm "(Pom cm MU ammo Km" Sum: mm": 7mm". SIFhurIwMOfifl/L School/ralleflc aw: 03/15/10" 00 00 (Conn cmuy Rec/ By: DONALDSTEPP, DonaidSte 10/09/2013 Page 2 St Charles Police Department (3356* [3.00424] Status Codes 1 3 None 2 Burned 3 Counterfeit Forged 4 Damaged Vandalized 5 ?3 Recovered 6 Seized 7 Stolen 8 Unknown IBR Stat Suspected Type Up to 3 types of activity Quantity Type Measure Assisting Of?cers Suspect Hate Bias Motivated: Page 2 A A I Subject reported being willfulfy exposed to a sexually transmitted disease without his knowledge. RFPORTING OFFICER NARRATIVE 0m Sl Ulnar/ut- Polk? Dt'parlmum [17004241 tom untrue mist rm: normal KING 7 DYLAN IHOMAS RECKLESSL RISK INFECTION Wad 05/1 ll 41 THE wrommov thow ls CONFIDFNTIAL 7 FOR USE EV Am tloiuzto om On the above lime and date. I respondcd to the lobby of St. Charles PD to meet With a subject who wished to file a report tlpon nrriyal, matle contact with Dylan esconed Lemons to an interview room where he advised that he would like to report it sexual assault/exposure it) HIV that occurred in January 2013' i asked Lemons to elaborate and he provided the following. In February 2013, Lemons became sick with his primary complaint being a stomach ache Lemons noticed a growth ofsomc son on his stomach was taken to St. John Mercy by his mother. Lemons was admitted to St. John Mercy's on 02/09/20". On 02/13/2013. Lemons was dtagnoscd with HIV and gonorrhea Lemons was released from the hospital but suffered a had reaction and was readmitted to the hospital Leiuons estimated his the total nuinhcr ofdays in the ho 'tal to lie 14 days During Lemons stay at St. John Mercy. he was treated hy Dr. (ph Dr. 0thainyies completed a series ol'tests to check for HIV, A westem blot test and an ELISA test both cunts back negative for for the first three months following lielnons hospital stay I)r oihamyles tested Lemons blood specifically for HIV while he was atliniuetl which came bact posltke rot Dr. ethaniyles told that he had to have been exposed to l-liv within that past six months or less, Lemons stated that Dr knew the exposure occurer within the last six months because Lemons viral load was extremely high, Lemons went on to tell me that he knows who the suspect is and he further advised that he believes the suspect is possibly exposing others. Lemons explained that he was "talking In" a subject that ho knows as Michael Johnson-Jones Lemons defined "talking to" as not officially in a relationship but being intimate with a poison, Lcnlons further described Jones as a Lindenwood wrestler who is originally from Indiana Lemons adirised Jones is a black male, approximately own 250 lbs., very muscular and short/shaved hair. Jones goes by the name or"Tigcr" land has multiple Facebook accounts Lemons advised that he knows ottwo Facehook accounts with the l'ollowing names Tiger Mandingo and Tiger Michael Johnson. According to Facehonk, Jones' date nibirth is possibly 12/1 1/1991.Leinons ndyised that the phone number he has rorJoncs is_. Demons is unsure ofthe exact dates otthcir relationship but is certain that the first tune they had anal sex was January 26, 2013 and their relntionship endetl towards the end or February 2013. Lemons stated that they always had sex in Jones' dorm room at Lindenwood. Lemons advised that Jones stays in Domt but was unsur: ot'the room number Lemons advised that it might his mom 305 but said ifyou exit the elevator and walk toward the hall directly in front ofthe elevator door, the room will be the first room on the right Lemons advised that he would usually ask for a buck rub which was thelr "Signal" for wanting to have sex Lemons advised that he sent Jones a text message while he was hospitalized and said "we need to talk" but Jones never replied, Lemons advised that he was yery groggy due to pain medication and his best friend, proofread his text messages for him Lemons stated that he sent Jones another text message that told Jones he was hospitalized and for HIV. He stated that he could not remember his exact words hut-proofread that text as well. Lemons was unable to remember exactly what Jones said in reply but stated that he did not seem to hayc any reaction to hearing that Lemons was HIV positive, After Lemons was released from tht: hospital and auto to time he told Jones that he wanted to talk in person, Jones told Lemons to come to his dorm. Lemons stated that he told Jones he was HIV positiie and very contagious. iic further told tones that lithey wanted to continue their they would have to deal with his diagnosis, Rationing omcer, CROCE, Page 3 H) Donald St: ill/Want} RFPORTING omcm NARRATIVE ocr, IJ-UIMZ-H Offense Datel lint: Reverted KING - LEMUNS, DYLAN 7HOMAS RISK OFANOTHER Wed 05/29/2013 [4 J4 Si chm/ta pom-e Department THE ION BELOW ls . FOR use BV AUTHORIZED PERSONNEL 0M Lemons Jones' reaction as "not really having a reaction" HE stated that Jones didn't seem to "are or think it was a big deal. Lemons said as they were talking. Jones slated, "You seem stressed. Fake offyour shirt Lemons advised that he replied, hack rub sounds nice" Lemons removed slim and Jones began rubbing his back, Jones unbuckled Lemons pants and removed them. Lemons told Jones that they could not have sex. Jones took off his own clothcs as well and told Lemuns that they didn't have to have sex. Lemons told Jones that he vias highly contagious and it would he really stupid for them to have sex. Lemons advised that he and Jones ended up having unprotected anal sex. Lemons advised that he was face down and Lemons was on top of him, Lemons advised that this incident was the sexual assault hc nleiitinilcd at the beginnings ofuut conversation, lasked Lemons ifhe was forced to have sex and if he thought he was raped. Lemons stated that he was not raped and he doesn't want Jones to "g0 down as a rapist" Lemons proceeded to say "1 don't think i was raped but I don't want this to come buck on met luld him I was HIV posillve and highly contagious." Lemons dvlsell that he Jones that he wasn't to fight having sex but it would be very stupid ifthey did. Lemons advised that he wanted to have sex but he didn't want to infect Jnnes Lemons sald several times that he wanted to be clear that he didn't reel he was raped but he wants me to know he wanted Jones or his l--itv diagnosis, 1 asked Lemons what ended the relationship between him and Jones and he stated "the night we had unprotecth sex in his dorm after i told him 1 was positive". asked him Why that night ended the relationship and he stated that they Just stopped talking alter that. He stated that didn't feel right about that night but he was unable to elaborate any further [asked Lemons about any other possible partners and he stated that he has been intimate with it total ofsix people in his lite. He advised that he was able In narrow it down between two people because nfthe time frame Dr, outam tuld him that he would have been inlected during, Lemons advised he had a relationship with -- (possible tron. May 2012 until the end utNuvember 2012. Lemons advised that he Contacth Frank Lydon (Epidemiology Specialist) from the Department or Health and Senior Senices (ph -- about his exposure to HIV. Lemons suited that Lydon has been working with him on contacting his past partners and havtng everyone tested. Lcmtins stated that Lydon told him that flu: ofthe people he tested were negative but he stated. "1 can't tell you about loncs' results", Lemons believed it was a red flag that Lydon was able to tell him everyone was negative except for Jones Lydon provided Lemons with two MISSOMII statute numbers "91.677 and .656) and told him to contact the police. lasked Lemons about any past or current use of needles and he stated that he has never used needles for i asked Lemons what he wants to come ofthis repon and he stated that he believes Jones is infected with luv and he believes he was infected with HIV prlor to their relntlonship, He stated that he wants ID know ifJuncs is HIV positive and it" he is, he wants to know ifhe knew he was posilive prior to having sex with Lemons. Lemons stated that ifJunes didn't know then he wonthinks he should he punished. Lemons advised that he doesn't want other innocent people infected and if it means he needs to file a pnlicc tepnrt then he will. i explained that this will most likely be a meCss but irhe has any questions or drinks of anything that he forgot to tell me that he can cantact me. 1 had Lemons exit the room and I asked -'fI could speak to her -advised that she has been friends with Lemons since middle school. She further dled that they are best friends and they talk to each other utiuut Reportmg tlmcer (Roch. Page 4 turned ny norm DWEPP. Datum sin inns/2m 29 RFPORTINC OFFICER NARRATIVE SJ ('hur 1m rn/Jec Dewar/mum 1170/7424] Uifcnse Tlm: KING 7 DYLAN moms IM or won/bk Md 0529/20" 44 m; leaMA'now an ow ls cn HY Al rllokwrn (Nu - advised 1th she "practically lived the hospital" when Lemons was sl be dusc she was \sry wnmed hm. [asked about Lemons relallonship wilh lenes lo ns ad\iscd Lemon; and Jenna; were "talking" for a man"! and were inlirnnle with each elher - snned that she dnesn'l really km)" much abuul Jnnes inked- read lhe hm (hal Lemons sent Jnnee .n lhe hospllal -slnled lhal she rend first lexl he CASE SUPPLEMENTAL REPORT Pnnied ill/omen an :0 [3004241 Si l'hut'ls': I'Ullre Depart/nan! (M is CoNl'lnENllAl 7 ton usL BY PFMONNEL onev lNronMArloh' I) 3: sum 0mm: RISK INFECTION 0F ANOTHER WHEN INFECTED ACTIVE Cm Mug sinus: flue/Tim films/2015 1s 03 5o. lliuridny yam/mums" w; l; my]; Dun/Tum: nanny/1013 I6 37 20, Cal-(Id: lurmm: Invenigu/nm Cnntacl Dylan (7n (1903713 in approximately 0000 hrs, I makc comact Dvlall via telephone, The number llsled in Ill: origlnal repair is ne longer a working number Al won has, i responded in -- Upon my rrlval, I made D) Ian's parent's who are identified as: wn -- win-- myiselryeihally and by displaying my badge laskcd to speak with Dylan and I was lold that he no longer lived explained that] was assigned in te ihe police iepnn he made in May. [was invilcd inside orthe residence and was told that they could haw: Dylan here In a few mlnutes. While we were wailing for Dylan,- teld nip ihat Dylan had to change his phone niimheis because he has suspicious phone calls. i asked irthe caller on these calls had said anything or innde any types and staled no. - askud ifl knew about Johnson's fiancec on Facebook and lold her no. -5 lnted that she conducted a search on and that she had saved the slip. that the individual goes the name or_ and he pm ides a phone number on the site ofh Dylan arrived at the residenee at appmhimatcly 1015 hrs. introdneed Dylan Vcrhally and by displaying my badge. I explained that I was assigned the investigation to the report that he made wilh Officer Croce Dylan slated that he had movcd out weakend and provided \ht: following address as his new residence. SL medal/lo.- Cell phone' Ema -- Dylan also thal he is no longer a sludem a! Lindenwood University and that he is currently Enrolled at [llC Arl Inusligltor Signaturc' CASE SUPPLEMENTAL REPORT Printed 10/09/2013 00 29 flCA: [3004241 51 Charles Depuwmml RMAHUN Bl I ow . FOR L'sz EV AUTHORIZED 11m VNEL ONL Cue Sums: ACTIVE 1 Smut: Ocrulred: UN 00]? Ollulu: RECKLESSL RISK WHEN 17 mm 11851 Dart/Timz: wow/111 I5 03 56' Thursday Summier (j Supmisurkevie>> Dale/Tim: 0905/3013 16 3 I. Thiamiin Imuy/fgaIl/m Institute 111 91. Charles [2"de Dylan who he lold aboul ncldunl Dylan slated that the only so lel at he has mlde |o about in ideni are his parents, his and 1115 hest frien 1 showed pholo DHuhnson that located on his Facebuok accounl. lashed Dylan ifhe knew who Ihc inilividunl in the photo is. Dylan identll'ied lhe as Michael Johnson. 1 requested Dylan to wrlle the name ol lhe on tho pholn. Dylan wrote the following his is the man I, Dylan King--Lemons, hnow ns Miehnel "Tlgc his nnrne at the lmuom orthe phqu as well as dated and timed (09--01-13 al 1036 hrs). I seized the photo as evidence I also scanned il inlo [his reporl as an attachment laskcd Dylan how he met JohnsonsJoncs. Dylan slated he met him through a mutual [1131 he identified as' 21-22 years orag llnlie lty Student Dylan did not have any further inronnanon pennining to Iaskcd Dylan if he had anywhere 'lh Johnsonvloncs D) In stated no. Dylan ndyised that they have gone l0 WalsMarl once together but he docsn'l really remember lashed Dylan irremernhers when he met Johnson-Jones. Dylan advised that It was either in December or January DfZOll, lashed Dylan lin pm eand asked him to slap outsidewlth rne Dylan agreed andnehadasent in my assigned vehicle. lashed Dyhan to :xplaln to me how things progressed alter he met Johnson- Jones. D)lan snated that he began ating with JohnsonsJones through L:x| messages for abou! a week, Dylan advised that one llighl sometime betwecn 2300 and 0030 hrs. he met Johnson Jones at doml roorn. Dylan stated that he doesnt know the name ofthe dorm building or the room number, I asked Dylan ilhe could deserloe lhe roorn to me, Dylan advised that it was a two person mom wilh a riyate bathroom, Dylan deserlhed Johnson-Jones's bed as a nornnal twin size Dylan advlsed lhal lhe bed had black sheets that were made orsoine lntestlgatnr Signalure' nm '1 CASE SUPPLEMENTAL REPORT Printed: 10/09/2013 09:29 St Charles Police Department OCA: 13004241 THE INFORMATION BELOW [8 CONFIDENTIAL. FOR USE BY AUTHORJZED PERSONNEL ONLY Case Status: ACTIVE Case Status: Occurred: 01/26/2013 Offense: RECKLESSLY RISK INFECTION 0F ANOTHER WHEN INFECTED Investigator: STEPP, D. M. (185) Date/Time: 09/05/2013 15:03:56, Thursday G. R. (091) SuperViSOF RENEW Dam/Time: 09/05/2013 16:37:20, Thursday Contact: Reference: Investigation sort of soft satin like material. Dylan advised that there was no blanket or comforter on the bed. Dylan stated that when he met Johnsoanones he found him to be very "pushy" and adamant that they were going to have sex together. Dylan advised that Johnson-Jones took his scarf and jacket off of him in an attempt to undress him. Dylan further stated that there were times when Johnson-Jones would grab his arm and pull him towards him. Dylan also advised that he felt a little intimidated by ohnson-Jones?s size. Dylanadvised that he knows that he could have left if he wanted to but he choose not to. Dylan advised that prior to having sex with Johnsondones, he asked him about being tested for sexually transmitted diseases. Dylan stated that he had had been tested and he always asks partners about their status. Dylan advised that Johnson?J ones told him that he was fine. Dylan also asked about using condoms. Dylan advised that Johnson-Jones told him that "they don?t make condoms in his size". Dylan admitted that he performed oral sex on Johnson?Jones by placing his mouth on ohnson-Jones?s penis. When asked, Dylan advised that Johnson Jones did not ejaculate at this time. Dylan stated that Johnson-J ones then placed his erect penis into his anus. Dylan stated that the Johnson-Jones thrusted back and forth until he ejaculated inside of his anus. I asked Dylan if any type of lubrication product had been used. Dylan stated that Johnson?Jones had used some sort of petroleum jelly that he had next to the bed. Dylan stated that he went into the bathroom and cleaned up using tissue paper and water from the sink. Dylan stated that while he was cleaning himself, he confirmed that JohnsonuJ ones had ejaculated in him and that there was some bleeding from inside his anus. Dylan stated that he ?ushed the used tissue down the toilet. Dylan stated that he went back into the room and talked with Johnson?Jones for ten to ?fteen minutes. Dylan further stated that after the short conversation he said goodbye and left. I asked Dylan if Johnson?Jones had performed any other sex act on him that evening and he stated no. I asked Dylan if he had ejaculated that evening and again he stated no. Dylan made the comment that "it was all about him". I asked Dylan if he had any other contact with ohnson?J ones. Dylan stated that two days after he was released from the hospital, he had met with Johnson?Jones at his dorm again. Dylan stated that this time it was approximately noon. Dylan advised that Johnson?Jones was in his dorm room alone. Dylan stated that ohnson-Jones was sitting on his bed while he stood in front on him. Dylan advised that he explained to ohnson?J ones that he was sick, had just been released from the hospital where he was diagnosed with having HIV. Dylan advised that ohnson~J ones did not react like he thought a "normal person" would and acted like it was "no big deal". Investigator Signature Pace 1 CASE SUPPLEMENTAL REPORT Printed: 10/09/209 09:29 St Charles Police Department OCA: 13004241 THE INFORMATION BELOW IS CONFIDENTIAL - FOR USE BY AUTHORIZED PERSONNEL ONLY Case Status: ACTIVE C359 Mug Status: Occurred: 01/26/2013 Offense: RISK INFECTION 0F ANOTHER WHEN INFECTED Invastigator: STEPP, D. M. (185) Date/Time: 09/05/2013 15:03:56, Thursday SuperViSOFi SCHWENDEAMNN, G. R. (091) REVIEW Date/Time: 09/05/2013 16:37:20, Thursday Contact: Reference: Investigation Dylan stated that Johnson-Jones was taking his clothes off and Dylan advised that he told them that they shouldn?t have sex. Dylan advised that he told Johnson~Jones that he had just started his HIV medication and was highly contagious. Dylan further advised that Johnson was persistent and wouldn?t take no for an answer. Dylan further stated Dylan advised that Johnson?Jones began rubbing his back with his some "Coco butter" that was next to the bed (lotion was in a brown bottle). Dylan advised that Johnson?Jones began rubbing the top of his buttocks lower back. Dylan advised that he laid down on the bed on his stomach and Johnson-Jones removed his pants. Dylan advised that Johnson-Jones inserted his erect penis into his anus and had intercourse with him without a condom. Dylan further advised that Johnson-Jones hadused the lotion that he had used on his back as a lubricant. Dylan further advised that Johnsondones had ejaculated inside of him. Dylan stated that he feels for certain that ohnson?J ones was the individual that he contracted HIV from. Dylan further stated he doesn?t know of anyone that would have unprotected sexual contact with someone that tells them that they are HIV without some sort of protection. Dylan also advised that he feels that Johnson-J ones thought it was no "big deal" because he already had HIV. I asked Dylan what he would like the end result of this investigation to be. Dylan advised that he would like not to be HIV positive but since that can?t happen he doesn?t want anyone else to be infected. I asked Dylan if he wished to prosecute and he stated that he does. I asked Dylan if he still has the phone that he received the text messages from ohnson-Jones. Dylan stated that he does. I asked Dylan to bring it up to the station to the police station in order for a forensic search to be completed. I also asked Dylan to complete a written statement for me. Dylan advised that he would do both. I asked Dylan if he has any questions and he stated no. I provided Dylan with my of?ce number and e-mail address. I asked Dylan to contact me in the event that he has any questions or additional information. Nothing further at this time. Respectfully submitted, Detective Stepp, 185 Investigations Saint Charles Police Department. Investigator Signature: Drama A