1. State of Minnesota District Court
County of Olmsted 3rd Judicial District
Prosecutor File No. 11005953
Court File No. 55-CR-11-1054
State of Minnesota, COMPLAINT
Order of Detention
Plaintiff,
VS.
MICHAEL ROY SMITH DOB: 3/27/1985
595 SW 36th Street
Rochester, MN 55902
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: Murder - 2nd Degree - Without Intent - While Committing a Felony
Minnesota Statute: 609.19.2(1 )
Maximum Sentence: 40 years in prison
Offense Level: Felony
Offense Date (on or about): 02/07/2011
Control #(ICR#): 11005953
Charge Description: On or about February 7, 2011, within the County of Olmsted, Michael Roy Smith
did wrongfully, unlawfully and feloniously cause the death of a human being, to-wit: Alden Hoyer,
without intent to effect the death of any person, while committing or attempting to commit Assault in
the Third Degree - victim under the age of four.
2. STATEMENT OF PROBABLE CAUSE
The Complainant states that the following facts establish probable cause:
Your complainant is an Officer employed by the Rochester Police Department. In that capacity, your
complainant has reviewed the police reports relating to Michael Roy Smith, the above-named
defendant, and the allegations contained therein. Based upon that information, your complainant
believes the following to be true and correct.
On February 7, 2011, at 12:45 AM officers of the Rochester Police Department were dispatched to
595 SW 36th Street, Rochester, OImsted County, Minnesota on a medical call of a four month old boy
not breathing and turning blue. Upon arrival at the residence, officers observed CPR was being
performed by the homeowner, Daniel Antonio Ochoa DOB 07-16 79 on the child. Also identified at
the residence were LMH DOB 12-25-89, and Michael Roy Smith, DOB 03-27-85. An officer took over
CPR until Gold Cross Paramedics arrived on scene. Officers observed that the baby was
unresponsive and lifeless. The child was lying on the floor of a southeast bedroom of the home that
was being rented to LMH and Michael Roy Smith by the homeowner. The four month old boy was
later identified as Alden Joseph Hoyer DOB 10-05-10. Upon arrival of the paramedics, Alden Hoyer
was taken inside a Gold Cross ambulance and CPR was continued. A short time later the child was
pronounced dead by paramedics. Paramedics noticed suspicious bruising around the left side of
Aiden Hoyer's face and stomach area along with other injuries on the child's body. OImsted County
Coroner Dr. Anja Roden arrived on scene and briefly examined the child. Dr. Roden was concerned
about the serious injuries that were visible on the child from her brief examination. Dr. Roden
noticed that the child had dried blood around his nose, visible injury to the left side of his face,
bruising underneath his penis, bruising on left inside ring finger, redness and bruising around the
buttocks and groin area, apparent trauma to his stomach and chest area, and set of parallel bruises
on the left upper chest. Ochoa's residence was later secured by law enforcement pending further
investigation and Michael Smith, Lisa Hoyer, and Daniel Ochoa agreed to be interviewed at the law
enforcement center.
Upon speaking to LMH, Ochoa and Michael Roy Smith investigators learned that LMH and Smith
share a room with LMH's baby, four month old Aiden Joseph Hoyer. Ochoa told investigators that he
and Smith were at a friend's house for a Super Bowl party while LMH stayed home with Alden at his
residence. Ochoa and Smith returned home to their residence around 11:30 PM. Once home,
Ochoa stated that LMH was in his bedroom playing video games and her child, Alden, was not
present in his bedroom. Ochoa stated LMH later went to her bedroom and then came running back
to Ochoa's bedroom saying that Alden was not breathing. Ochoa went to LMH's room and noticed
that Alden was lying on his back and appeared not to be breathing. Ochoa noticed that Aiden was
only wearing a diaper and that the child had bruising on the upper left chest area. Ochoa call 911,
and the dispatcher told him how to perform CPR on the child. While speaking to dispatch, Ochoa
states he was pacing back and forth from LMH's and Smith's bedroom. As Ochoa went back into the
2
3. bedroom, he noticed that Smith was pushing on Alden's lower stomach but Ochoa stated the
compressions were too hard as Smith was pushing too deeply into Alden's stomach. Ochoa stated
he took over performing CPR and took Aiden out of his crib by placing Alden on the floor of the
bedroom. Ochoa stated he continued CPR until he was relieved by police officers.
Michael Roy Smith told investigators that he came home from a Super Bowl party between 11:30 PM
and midnight. He immediately went to bed and Alden was already sleeping in his crib which is near
Smith's bed. Smith originally denied assaulting Aiden, but later said he got up with Aiden when Aiden
started crying. Smith said he removed Alden's pajamas because he thought the child might be hot.
Smith also removed Alden's diaper to see if it was soiled. Smith said he picked Alden up from his crib
in an attempt to get the child to stop crying. Smith said after about 10 - 15 minutes when Alden
wouldn't stop crying, he threw the child back into his crib. Smith showed officers the throwing action
indicating he threw Aiden a distance of about 2 -3 feet. Smith said it was dark in the room and he
wasn't sure where Aiden landed although he thought he threw Alden onto the mattress of the crib. In
addition, Smith also said he threw Alden onto his back onto his (Smith's) bed at some point, as well.
Smith also admitted to shaking Alden by holding him under the armpits and moving him side to side.
Smith also said he shook Alden while he was lying in his crib and stated that he "played bongos" on
the child's stomach hoping it would get the child to stop crying. Smith also admitted placing a pillow
over the child's face several times hoping this would get the child to stop crying. Smith said he didn't
think he was too rough with Alden although he admitted that he was drunk and may have been
rougher than he realized with the child. Smith said no one else was in the room when these events
took place. Smith said he was alone with Alden when he realized that Alden was no longer breathing
or responsive. Smith denies he wasn't trying to kill Alden.
On February 7, 2011, an autopsy was performed on Alden Heyer by the Ramsey County Medical
Examiner, Dr. McGee, who was briefed on the case by Rochester Police Department officers. Dr.
McGee spoke with Investigator Eric Boynton, who had obtained Smith's statement. Dr. McGee was
advised of what was said during the statement. An autopsy was performed by Dr. McGee. After the
autopsy was completed, Dr. McGee issued a provisional autopsy report. The report reflects that
there was evidence of multiple injuries to the child including contusions on the child's face and torso.
There were also pronounced abrasions around the child's nasal region along with multiple petechial
hemorrhages. The report stated the child's internal examination revealed evidence of traumatic
injuries including subdural hemorrhage and extensive subarachnoid hemorrhages. Dr. McGee said
no skull fractures were observed. The remaining internal organ systems appeared within normal
limits for this age infant. Dr. McGee said the cause of death was cranio-cerebral and blunt traumatic
injuries due to an assault and the manner of death is homicide.
NOTICE: YOU MUST APPEAR FOR EVERY COURT HEARING REGARDING THIS CASE.
FAILURE TO APPEAR FOR COURT IS A CRIMINAL OFFENSE AND MAY RESULT IN
ADDITIONAL CRIMINAL CHARGES BEING IMPOSED AND PUNISHED AS PROVIDED IN
5. 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 Eric Boynton, #2200
101 4th Street SE
Rochester, MN 55904-3761
Signing Officer Thomas Pingel Electronically Signed: 2/9/2011
Sergeant
101 4th Street SE
Rochester.'MN 55904-3761
Badge:: 2135
Subscribed and sworn to before the undersigned.
Notary Public or Sandra Schulz : ,, Commissioo expires: 01/31/2015
Judiciai Official Notaiy i ublid. County of olmsted : Eiectronically igned: 2/9/2011
101 4th Street SE
Rochester MN55904 3761
,,,,,
Being authorized to prosecute the offenses charged, I approVe this complaint.
Prosecuting Attorney James S. Martinson Electronically Signed: 2/9/2011
Chief Deputy
151 4th Street SE
Government Center - 3rd Floor
Rochester, MN 55904
(507) 328-7600
6. 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 151 Fourth Street SE, Rochester, MN 55904 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 order, in the name of
the State of Minnesota, that the Defendant be apprehended and arrested without delay and brought prdmptly 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.
[] Execute in MN Only [] Execute Natioewide [] Exeeute 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: $
Conditions of Release:
This complaint is issued by the undersigned Judge as of the following date: February 9, 2011.
Judicial Officer Joseph Chase Electronically Signed: 2/9/2011
District Judge
Sworn testimony has been given before the Judicial Officer by the following witnesses:
r ......... _ r -
COUNTY OF OLMSTED Clerk's Signature or File Stamp:
STATE OF MINNESOTA
State of Minnesota
Plaintiff RETURN OF SERVICE
I hereby Certify and Retum that I have served a copy of this
VS.
Order of Detention upon the Defendant herein named.
Michael Roy Smith Signature of Authorized Service Agenh
Defendant
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