4. Jeronimo Yancy: Pa c' ot?iO Co. Atty Complaint No: 0620373879 FILED an NUV 16 an 01? COURT a . RAMSEY COURT i RAMSEY SECOND JUDICIAL DISTRICT COURT FILE. NO: PROSECUTOR FILE State of Minnesota, Plaintiff, CRIMINAL COMPLAINT .ieronimn Yanez i3 Warrant C3 Order of Detention Amended Certified Juvenile EJJ 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 tr?oliowing COUNT I On or about July 6, 2016, in Ramsey County, Minnesota, Jeronimo Yanez caused the death ot?Philanclo Castilc by culpable negligence whereby Jeronhno Yancz created an unreasonabie risk, and consciously took the chance 01? causing death or great bodily harm to another. Said acts consiimt'ing the offense 2nd Degree Cuipable Negligence Creating Unreasonable Risk in violation ol?: Maximum Sentence: [0 years or $20,000 or both COUNT 2 On or about Juiy 6, 2016, in Ramsey County, Minnesota, Jeronimo Yancz intentionally discharged a firearm under circumstances that endangered the safety oi? another Diamond Reynolds. Said acts constituting the offense of Dangerous Wenponsutntentiimal Discharge of Firearm Thai Endangers Safety in violation of: Maximum Sentence: 5 years or $10,000 or both. Jeronimo . Page: 2 oi? 10 Co. Atty Complaint No: 0620373879 3 On or about July 6, 2016, in Ramsey County, Minnesota, Jeronimo Yanoz intentionally discharged a ?rearm under circumstances that endangered the safety of another Said acts constituting the offense oI?Dangcrons Discharge of Firearm 'l?lmt Safety in violation of: ?609.66.1 1100(2). Maximum Sentence: 5 years or $10,000 or both. 1 .lcronlmo Yancy. Page: 3 ot? 10 (In. Atty Complaint No: 0620373879 0F PROBABLE CAUSE The Complainant states that the following facts establish probable cause: our com plainant is Doug tricnning, Special Agent, Minnesota Bureau of Criminal Apprehension. He states that the t?ollowmg is true, correct, and establishes probable cause: On July 2, 20l 6, a Super USA convenience store in Lnuderdale, Minnesota, was robbed by two black males. Video surveillance of that robbery showed two black male suspects, both with dreadlocks, glasses, baseball bats and firearms. Saint Anthony Police Of?cer .leronimo Yanea was one ol?thc responding officers to the robbery. On July 6, 201(5,just after 9:00 Yanez was on patrol when he noticed a vehicle being driven by Philando Dival Castile, a 32wyear?cld black male with dreadlocks who were glasses, and was driving eastbound on Avenue in Lauderdalc near the scene of the unsolved Super USA. robbery. Accompanying Castile in the vehicle was his girlfriend Diamond Reynolds seated in the front passenger seat, and Reynold?s 4?ycar?old daughter, DFR, seated in a child seat: in the right side rear passenger seat. Yanez conununicatcd his intent to pull over Castilc?s vehicle by radio to Saint Anthony Police Officer Joseph Kauser who was on patrol nearby. Vane-z. told Kauser that he had reason to pull the vehicle over and that the occupants ?just look like the people that were involved in a robbery.? Yanez. further stated that ?the driver looks more like one of our suspectsjust because of the wide set nose.? Yancy. noted that he also had reason to stop the vehicle because it. had a nonwworking brake light. Yanca followed Castile?s vehicle, waiting until Kauscr arrived as backup. At 9:02:05 P.M., Yanez queried Castile?s license plate number. The query results showed that the vehicle was registered to Castile, it was not. listed as stolen, and there Were no warrants for his arrest. Y'auez did not notify dispatchers that he Was conducting the stop or that he suspected that a robbery suspect was in the vehicle. At 9:04:48 P.M., Yanez activated his squad lights signaling Castile to pull over. Castile complied by immediately pulling over on the eastbound side of Avenue, near Pry Street in Falcon Heights, Ramsey County, Minnesota. Approximately one minute later, Yancy. shot Oastilo seven tin-res, killing him. The following is a summary of the events immediately preceding the shooting, based on squad'car audio and video recordings of the step: 2:05:00 PM. Castile?s vehicle came to a complete stop next to the curb. 9:05:i 5 PM.- Vanez approached the driver?s side ot? Castilc?s vehicle. As he Walked toward the vehicle, Yaue'z. had his right hand on the right side of his duty belt near his gun. Castile was buckled in his seat?helt. 9:05:22 PM. Yanea leaned down with his head near to and in front. of the driver?s side window, exchanged greetings with Castile, and informed Castile of the brake light problem. 9:05:33 Phi. Kauser approached on the sidewalk on the passenger side ot? Castile?s vehicle, and stopped near the rear seat passenger door. 9:05:38 PM. - Yanez asked for Castlle?s driver?s license and proot? ot?iusurance. 9:05:48 RM. Castilc provided Yanez with his proot? olz? insurance card. 9:05:49 PM. a Yanez appeared to look at Castilc?s insurance information and then tucked the card in his outer pocket. . 9:05:52 PM. Castile calmly informed Yanca: ?Sir, i have to tell you that I do have a ?rearm on me." Before Castile completed the sentence, Yancy, interrupted and calmly replied ?Okay? and placed his right hand on the holster ol? his own hoists-red gun. Jeronlmo Yancy. Page: It of It) Co. Atty Complaint No: 0620373879 9:05:55 PM. Yanez said ?Okay, don?t reach for it, then.? Castilc responded: ?l?nt. . . . [inaudible] reaching. bet?orc being again interrupted by Yanez, who said ?Don?t pull it out.? Castile responded ?l?tn not pulling it out?, and Reynolds also said ?He?s not pulling it out.? ?Yanez screamed ?Don?t pull it out? and quickly pulled his own gun with his right hand while he reached inside the driver?s side window with his leii hand. Yane'z. removed his lo? arm from the car, then tired seven shots in the direction ot?Castile in rapid succession. The seventh shot was tired at 9:06:02 RM. During the incident, Kauser did not touch or remove his gun. 9:06:03 PM. Reynolds yelled ?You just killed my boyfriend!? 9:06:04 PM. lastile moaned and said ?i wasn?t reaching for it.? 9:06:05 PM. Reynolds loudly said ?lie wasn?t reaching for it." Before she completed lter sentence, Yanez again screamed ?Don?t pull it out!? Reynolds responded ?He wasn't.? Vanez yelled ?Don?t move! Audio and video was also livestrenmed by Reynolds on Faeehook: immediately after the shooting and while Yanez had his gun drawn and pointed toward the mortally wounded Castile. in the audio recorded by this livestream starting at 9:06:42 Reynolds stated that was trying to get out his 1D in his wallet out his um pocket and he let the of?cer know that he was, reach he had a firearm and he was reaching for his wallet and the o'l?lioerjust shot him in his arm.? The Following interchange between Yanez and Reynolds was also recorded: Reynolds: ?Stay with me. We got pulled ever For a busted tail light in the back. And the policeiust he?s, he?s, he?s covered. He, theyjust. killed my boyfriend.? Yaoez: Reynolds: .?l?Ie?s licensed. He?s carried, he is licensed to carry.? Yaoez: ?Mn?am just keep your hands where they are." Reynolds: ?1 will sir. No worries. i will.? Vance: Reynolds: ?lie just shot his arm oil: We got pulled over. . Yanez: Reynolds: . .on Larpent?eur.? Yancz: ?i told him not to reach for it. told him to get his hand off of it.? Reynolds: ?He had, you told him. to get his 1D sir and his driver?s license. Oh my God please don?t tell me he?s dead.? Assisting o?ieers arrived, unbuckled Castile?s seatbelt, and removed Castile from the vehicle. They performed CPR on Castile until paramedics arrived and took over. When of?cers and paramedics rolled Castitc to his right side so that a backboard could be put under him, they saw and removed a .40 caliber semiautonmtie handgun From inside the large right Front pocket. of Castite?s shorts (measuring approximately 12.? deep 6" wide). The gun contained a loaded magazine but did not have a round in the chamber. Castile was transported to i?lennepin County Medical Center (HCMC). in the HOMO emergency department, medical personnel recovered a holster and wallet from one of Castlle?s pockets, although it was unclear which pocket these items were in at the time ol?lhe shooting, in Castile?s wallet was his Minnesota Driver?s License and his Permit to Carry a Pistol. Within minutes alter the shooting, Yanez spoke with Saint Anthony Police Of?cer "l'ressa Sande at. the scene of the shooting. During that conversation, which was captured on Yanez?s squad microphone and recorded at 9:13 :00 l? .M ., Yane'z. said: ?t-le lastiiel was sitting in the car, seat belted. I told him, can I see your license. And then, he told me he had a firearm. I told him not to reach for it: and (sigh) when he went down to grab, I told him not to reach for it (clears throat) and then he kept it right there, and i told him to take his hands oft? ot?it, and then he (sigh) he had his, his grip a lot wider than a wallet.? .tcronltno Yuan-z i Page: 5 of 10 Co. Atty Complaint No: 0620373879 . Yancy. went on to say: ?And I don?t know where the gun was, he didn?t tell me where the l.gun was and then it was just. getting hinky, he gave, he was just stating straight ahead, and the] was getting -mwous, and then 1. told him, i know l'l-told him to get his off his gun.? Yanea was interviewed by BCA investigators the ?l?hllowing day on July 7 at 1:42 RM. During that interview Yanez said that when he ?rst approached Castile?s driver?s side window he smelled burnt marijuana coming from inside the vehicle. Yauez said he also noticed a female child in the backseat and an aduit l?etnale in the Front passenger seat. Yanez described Castiie as initially having ?his tell arm over the steering wheel? with ?both hands in view.? Vane-z, said he did not mention anything about the marijuana smell to Castile so as not to ?some lastite] or have him react in a de'fensiVe manner." Yanez. said that Castile ?kept his, hands in view? up until the point at which he asked for Castile?s license and insurance. After receipt ct?bis proot?of insurance, Yanez said Castilc told him that he had a ?rearm at the same time that ?he reached? down between his right leg, his right thigh area and the center console.? Vance said that, as Castile was reaching down to his right, ?he turned his shoulder, kept his left hand on the steering wheel and then canted his upper body and blocked my view of his right hand.? Yanez said: ?And, at that point i, was scared and twas, in fear for my life and my partner?s life. And for the little girl in the back and the front seat: passenger and he dropped his hand down. and, can?t remember what i was telling him but I was telling something as his hand went down 1 think. And, hepatitis hand around something. And his hand made like a C. shape type um type shape and it appeared to me that he was wrapping son-muting around his lingers and almost like it"t were to put my uh hand around my gun like putting my hand up to the butt ot? the gun.? And then I lost view of it. Caz he kept canting his shoulder and then i believe I told him againl can?t remember don?t do it. And then he still kept. moving his hand and at this point. I looked and saw something in his hand. it was dark inside the vehicle. i was trying to tumble my way through under stress to look. and see what it was to make sure uh whatl was seeing. But I wasn?t given enough time and like I said he had no regard for what I was saying. Didn?t follow my direction. And, uh he started reaching out and then putting uh away from his uh his right thigh. I don?t know if it was in his pocket or in between the seats or the center console. Butt, I know he had an object and it was dark. And he was pulling it out with his right: hand. And as he was pullingit out I, a million things started going through my head. And I thought Twas gonna die. And, i was scared because, I didn?t know it? he was gomta, i didn?t know what: he was gonna do. I-iejust had somethin? uh his hands and he, the that words that he said to me were, some of the first words he said is that he had a gun. And I thought he was reaching for the gun. thought he had the gun in his hand, in his right hand. And thought he had it enough to where all he had to do is just pull it out, point it: at me, move his trigger finger down on. the trigger and let et?l? rounds. And 1 had no other option than, to take out my firearm and, and 1 shot. Um 1 shot him. 1 don?t remember the ?rst couple shots. I, believe i remember the last two shots. And I. believe one of the shots. went into his left arm. Um, as was shooting uh l, i kept; watching him. And. I, I remember smelling the gun smoke and the bright ?ashes from the muzzle. And then I heard, a couple pops uh from my ?rearm. Um and then my partner was on the opposite side of the vehicle. Uh watch, looking in and directed my gun?re down as best as I could. Away from. not trying to put the little girl?s life at jeopardy or the passenger or my partner because they were, in the line 01? my fire.? .lcronlmo Yancz Page: 6 of l0 Co. Atty Complaint No: 0620373879 Kauscr was interviewed by BCA investigators at l:lO AM on .iuly 7. During that interview, Kauscr said the following: ?Um i. eouidn?t? hear the conversation going on inside the vehicle. 1 could hear what my partner was saying. And, I, i don?t remember the entire conversation. i know my partner said don?t reach for it. And the passenger kinda leaned on his right butt cheek and he put his hand on his right hip. I don?t know if he was reaching for a ?rearm or wallet. l, I couldn?t see. ijust saw that he had his right hand on his hip. Like I said my partner said don?t reach for it. And then there were shots fired.? Kauscr also said that he did not see Yanez? gun until he began shooting. Yanoa gave no?warning to Kanscr that: Castile had a gun. When asked if he was surprised when Yanez began shooting, Kauser replied ?absolutely.? An autopsy concluded that Castiic died of exsanguination ducto multiple gunshot wounds. 'l?cxicology testing showed that Castile was positive for ?i?iriC. at the time of this death. A bullet tired by Yanez passed through the driver?s seat and struck the rear seat on the driver?s side. Diamond Reynold?s child, in her car seat, was on the passenger side of the rear seat. Another bullet ?red by Yancz struck the armrest. between Castiie and Reynolds. The robbery of the Super USA in Lauderdale remains unsolved, but subsequent investigation has ruled out Castile as a snapect in that robbery. Video of a robbery, committed in Blaine after the time of Castiie?s death, shows a suspect whose physical features resemble the suspect from the [auderdale robbery, and displaying a gun that appears to be the same gun as the one used in the Lauderdalc robbery. The gun used in the Lauderdale and Blaine robberies also appears to be different than Castile?s gun. According to Jeffrey J. Noble, an expert on police procedure retained by the Ramsey County Attorney?s Office, the totality of the circumstances indicate that Yanez? use of deadi force against. Castile during the July 6 stop was not necessary, was objectively unreasonable and was inconsistent with generally accepted police practices. in addition, under the same circumstances, Yanez?s discharge of his ?rearm seven times into a vehicle in very close proximity to and towards Reynolds and her touruyeaiwold daughter endangered their safety. .iet?nnimo \?nuez Page: 7 it) (30. Atty Complaint No: 0620373879 Com pininant requests that l'Jei?endant, subject to bail 01 conditions at" tetease, be: (1) arrested 01 that othet Lawful steps be taken to obtain Defendant?s appeatunee in count 01 (2) detained, it aheady in custody pending ti?utthe: and that said Defendant othetwise be dealt with ueemding to law. NAME: 1/ 154.,me Dong gm. deehne nndet penalty 01: 'tju/ry that2 eve! withing have stated in this doeumen 1311th and correct. Dated this day of? 1W signed' In Ramsey County, Minnesota. Being authorized to prosecute the offenses charged, approve this complaint. Date S: r~ Whom SIGNATURE: I Nnmci?Riehdt'd Dt?s?f??l?hot?t 345 Wabasha Street North, Suite [20 St. Paul, MN 55102 Attorney Registration it 299777 J'ercnimo Yanez Page: 8 of 10 Co. Atty Complaint No: 0620373879 FINDING OF PROBABLE CAUSE From the above sworn facts, and any supporting af?davits or supplemental sworn testimony, I, the Issuing Of?cer, 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. SUMMONS 4k THEREFORE YOU THEABOVE-NAMED DEFENDANT, ARE HERE SUMMONED iglow?mioitt at l$0 ?before the above-named court at \angor chm?n Qantas to ansvver this complaint. YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued. Cl WARRANT Cl Execute in MN Only Cl Execute Nationwide Execute in Border States 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 before the above- named court (if in session), and if not, before a Judge or Judicial Of?cer 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 Of?cer is available to be dealt with according to law. El 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: Thisgomplaint, duly subscribed and sworn to, is issued by the undersigned Judicial Of?cer this ?54! day of 20 JUDICIAL OFFICER: IGN URE: NAME: TITLE: Sworn testimony has been given before the indicial Of?cer by tl?followgg witnesses: COUNTY OF RAMSE Clerk? Signature 01' ile Stamp: STATE OF MINNESOTA STATE OF MINNESOTA - RETURN OF SERVICE VS- I hereby Certy?j) and Return that I have sewed a copy oft/71's COMPLAINT upon the Defendant herein named. JERONIMO YANEZ Signature of Authorized Service Agent: Defendant. Juroninm Valium Cu. Ally Conmlnint No: 0620373879 DATA CHARGE ATTA CH A Png019 of IO DEFENDANT JEROMMO YANEZ Dci'cndunl n?ias namc(s): crominn Ynnc'z. lust knuwn nddrusx: Slain 1D: Fingm'ps'im H): H): St. Paul PD ID: 2016433 Offender ID: DOB: Alias 130nm: OTHER DEFENDANT CASE IDENTIFIERS: Fingerprintcd? No Yes Locuiion of violation: IF DRIVING OFFENSE: Driver's License 1?}an Number: Accident Type: No injmy/no damage check: all (hm apply Personal Injury Blood Alcohol Concentraiion (BAG): I-{nndgun permit? N0 Yes (issuing, Agency: Issuing Stulc: Issuing State: [1 Property Damage Fatu?ly .luronhm Yancy. Co. Atty Complaint No: 0620373879 Page: 10 of H) (11' who?! 7 July 6, 2016 11:12 7 Firearm Thni Jan-auclotlto Io Dangerous Wenpons~- Intentional Discharge of Firearm Thu! Emlmugurs C'l? OFFENSE OFFENSE MOC 0 AGENCY NO DATES TY 1"}3 NBR LEVEL 0 ON CN NISR I on 01* about 609.2054!) Manslaughter - 2nd Felony 145013 Bureau of Criminal July 6, 2036 Degree Culpuhlc Apprehension Negligence .. "Unreasonable Risk 20!6~433 2 (m m- nbnut Dungcrous Felony W1 14A Burenu oi?Crimilml JHIY 6, 20} Inton?mml Discharge of Felony wm - 2016433 Chm-Win! Bureau ul?Crhuhml Apprehension - 20] 6-433 Charging