CrimComplaint-HAbel

STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
COURT FILE NO. 00015
PROSECUTOR FILE NO. C2100
State of Minnesota,
Plaintiff,
v. SELECT COMPLAINT TYPE
ELDON SPIERS (DOB: 02/28/1965>) Summons Warrant
4141 Appletree Avenue Order of Detention
Minneapolis, MN 55414,
Amended
Defendant. Tab Charge Previously Filed
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 I
Charge: Assault
Minnesota Statute: § 609.224 Subd. 1 Fifth Degree
Maximum Sentence: Imprisonment of no more than 90 days, a $1,000 fine, or both
COUNT II
Charge: Kidnapping
Minnesota Statute: § 609.25 Misdemeanor Kidnapping
Maximum Sentence: Imprisonment of not more than 20 years or a fine of no more than $35,000,
or both.
COUNT III
Charge: Stalking
Minnesota Statute: § 609.749 subd. 2 Gross Misdemeanor Stalking
Maximum Sentence: Up to one year in jail and maximum fine of $3,000
Form Revised August 2006 (ITD_SP_0339c) Page 1 of 6

STATEMENT OF PROBABLE CAUSE
The Complainant states that the following facts establish probable cause:
I. There is probable cause to believe that Eldon Spiers committed one or more criminal offenses,
specifically:Assault in the fifth degree, Misdemeanor Kidnapping, and Gross Misdemeanor
Stalking.
The deceased, Kate Lamb, was finishing her night class at Legalville State College. She was
hurrying to her car that was in the back parking lot when she was grabbed from behind. She
struggled to free herself as her attacker began tearing her clothes. The attacker made a veiled
reference as to what was going to happen to Kate. She then broke free and ran back towards the
bridge. She was halfway across the bridge when several other men emerged from the trees on the
other side. Feeling trapped, Kate jumped over the bridge and onto the rocks below. She briefly
described her assailant in the hospital before she died.
On the first charge of Fifth Degree Assault, the defendant commited the act with intent to cause
fear in the deceased of immediate bodily harm or death. The defendant also inflicted and
attempted to inflict more bodily harm to the deceased. The defendant grabbed Kate in the
parking lot dragging her towards the trees. Grunting that she would "get what all pretty college
girls asked for," he intentionally inflicted fear of greater harm to Kate.
On the second charge of Misdemeanor Kidnapping the defendant satisfies element three of Minn.
Stat 609.25, grabbing the vicitm terrorizing her, attempting to remove her against her will. By
grabbing her, grunting in her ear and trying to drag her towards the woods this element is
satsified.
On the third charge of Gross Misdemeanor Stalking, the defendant meets element one of Minn.
Stat. 609.749 Subd. 2 Section 1 by directly and possibly through third parties having intent to
injure and/or commit an unlawful act either murder or rape. The presence of the other men
confronting Kate before she jumped the bridge is evidence of this. The defendant also monitored,
and pursued the victim consistent with 609.749 Subd. 2 Section 1. The defendant had obviously
been watching her as she came out of the building and was walking to her car before he attacked.

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’S NAME: COMPLAINANT’S SIGNATURE:
Detective Maxwell Smart
Subscribed and sworn to before the undersigned this 12th day of June 2015.
NAME/TITLE: SIGNATURE:
Henry Abel
Being authorized to prosecute the offenses charged, I approve this complaint.
Date: PROSECUTING ATTORNEY'S SIGNATURE:
Anne H. Smith
Assistant Hennepin County Attorney
C2100 300 South Sixth Street Minneapolis,
MN 55487
612-555-5555
Attorney Registration # 150

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.
SUMMONS
THEREFORE YOU, THE ABOVE-NAMED DEFENDANT, ARE HEREBY SUMMONED to appear on the 20 day
of July, 2015 at 10:00<AM/PM> before the above-named court at Hennepin County District Court 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
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: $5000
Conditions of Release: Supervised Release, under own recognizance
This complaint, duly subscribed and sworn to, is issued by the undersigned Judicial Officer this 30 day of June, 2015
.
JUDICIAL OFFICER: Bill Johnson SIGNATURE:
NAME: Thomas Williams
TITLE: Judge
Sworn testimony has been given before the Judicial Officer by the following witnesses:
COUNTY OF Hennepin
STATE OF MINNESOTA
Clerk’s 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.
Plaintiff,
vs.
Eldon Spiers
Defendant
Signature of Authorized Service Agent:

DEFENDANT DATA / CHARGE SHEET – ATTACHMENT A
DEFENDANT NAME: SPIERS, ELDON>
Defendant alias name(s): N/A
Defendant DOB: FEBRUARY 28,
1965
Alias DOB(s): N/A
Defendant last known address: 4141 Appletree Avenue
Minneapolis MN, 55414
State ID: 20985673632
OTHER DEFENDANT / CASE IDENTIFIERS:
Fingerprinted? No Yes
Handgun permit? No Yes (Issuing Agency: )
Location of
Violation:
Hennepin County
IF DRIVING OFFENSE:
Driver's License Number: Issuing State:
License Plate Number: Issuing State:
Accident Type:
check all that apply
No injury/no damage Property Damage
Personal Injury Fatality
Blood Alcohol Concentration (BAC):

STATUTE AND OFFENSE GRID
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and Text
Descriptions
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