FORM-J REV. 12/95

State of Minnesota District Court

County of Hennepin Fourth Judicial District _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ _ _ _

CCT LIST CHARGE STATUTE ONLY MOC GOC 1 609.19 H2843 N

�if more than 6 counts (see attached) �if Domestic Assault as defined by MS 518B01, sub2a,b

State of Minnesota, PLAINTIFF,

VS. NAME: first, middle, last SCOTT ALLEN LIPE

DEFENDANT, MINNESOTA CORRECTIONAL FACILITY LINO LAKES, MN 55014

CTY ATTY FILE NO.

CONTROLLING AGENCY

CONTROL NO

13-4813 MN0271100 07198462

COURT CASE NO. DATE FILED

Amended Tab Charge Previously Filed

SERIOUS FELONY SUMMONS FELONY WARRANT GROSS MISDM DWI

ORDER OF DETENTION

GROSS MISDM EXTRADITION

Date of Birth MNCIS #: 27-CR- 1/25/77 LE#: 13-10412

SILS ID: 342256 TRACK ID: 2625746

_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ _ _ _

C O M P L A I N T 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). The complainant states that the following facts establish PROBABLE CAUSE:

_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ _ _ _

Complainant, Darcy Klund, of the Minneapolis Police Department, investigated the facts and circumstances of this offense and believes the following establishes probable cause: On or about June 19, 2007, at about 2:00 a.m., the victim, Willie Mack Hervey, stopped his 2002 Chevy Tahoe SUV at Franklin and Lyndale Avenues near Mortimer’s Bar in Minneapolis, Hennepin County, Minnesota. The victim left his SUV running when he exited it to speak with friends who were behind him in their cars. While the victim was out of the Tahoe, several witnesses observed a male, later determined to be the Defendant, SCOTT

ALLEN LIPE, asking people in front of the bar if they would pay him money to steal the victim’s Tahoe. When witnesses demurred, the Defendant ran up to the Tahoe, jumped in and began driving it away on Franklin Avenue. When the victim saw that his SUV was being stolen, he ran to the SUV and jumped onto its running board. The victim held on to the driver’s side window, trying to get the Defendant to stop. Several witnesses, including L.D., A.N., M.P. and A.R. told police that as the Defendant drove the SUV away with the victim holding on, the Defendant swerved into oncoming traffic in an effort to get another car to knock the victim off. The Defendant struck two parked cars as he drove at a high rate of speed. The Defendant ultimately succeeded in forcibly throwing the victim off the side of the Tahoe. The Defendant continued driving west on Franklin until he swerved off the roadway and rolled the SUV. The Defendant then fled the scene. However, after being thrown from the SUV, the victim laid motionless on the pavement. Paramedics arrived to transport the victim to Hennepin County Medical Center. He was diagnosed as having suffered a traumatic brain injury.

Page 2COMPLAINT SUPPLEMENT

CCT SECTION/Subdivision M.O.C. GOC

In the SUV, police officers recovered a cell phone that belonged to the Defendant. A.N. later identified the Defendant from a photographic line-up as the person he observed steal the victim’s SUV. On August 31, 2007, the Defendant was charged by criminal complaint of several counts for crimes committed against the victim. (MNCIS case# 27CR07112327) The Defendant ultimately pled guilty to Assault on the First Degree. He was sentenced on October 12, 2007 to 122 months in prison. Meanwhile since the assault, the victim languished in a persistent vegetative state in a nursing home. He died on July 30, 2012. An autopsy conducted by the Hennepin County Medical Examiner, revealed that the victim died as a result of acute bilateral pneumonia. This condition was the result of the victim’s persistent vegetative state caused by the blunt force craniocerebral injuries he suffered on June 19, 2007 after being thrown from the SUV driven by the Defendant. The Medical Examiner ruled the victim’s death a homicide. The Defendant is presently incarcerated in Lino Lakes Minnesota Correctional Facility.

O F F E N S E

COUNT 1: MURDER IN THE SECOND DEGREE (FELONY)

MINN. STAT. § 609.19, SUBD. 2(1); PENALTY: 0-40 YEARS

That on or about June 19, 2007, Minneapolis, in Hennepin County, Minnesota, SCOTT ALLEN LIPE, did without intent to effect the death of any person, cause the death of Willie Mack Hervey, a human being, while committing or attempting to commit the felony offense of assault.

NOTICE: You must appear for every court hearing on this charge. A failure to appear for court on this

charge is a criminal offense and may be punished as provided in Minn. Stat. § 609.49.

THEREFORE, Complainant requests that said 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:

Darcy Klund

COMPLAINANT’S SIGNATURE:

Being duly authorized to prosecute the offense(s) charged, I hereby approve this Complaint.

DATE:

March 12, 2013 tmy

PROSECUTING ATTORNEY’S SIGNATURE:

PROSECUTING ATTORNEY:

NAME/TITLE: ADDRESS/TELEPHONE:

THERESE GALATOWITSCH (185310) C2100 Government Center, Minneapolis, MN 55487

Assistant County Attorney Telephone: 612-348-8579

Page 3Court Case # ________________________ This COMPLAINT was subscribed and sworn to before the undersigned this ____ day of __________________, 20___. NAME: SIGNATURE: TITLE:

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 his detention, if already in custody, pending further proceedings. The Defendant(s)

is/are thereof charged with the above-stated offense.

SUMMONS

THEREFORE YOU, THE ABOVE-NAMED DEFENDANT(S), ARE HEREBY SUMMONED to appear on the _______ day of ____________________, 20_____ at _______ AM/PM before the above-named court at _______________________________________ _________________________________________________ to answer this complaint. IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued.

WARRANT

EXECUTE IN MINNESOTA ONLY 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(s) 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 thereafter as such Judge or Judicial Officer is available) to be dealt with according to

law.

ORDER OF DETENTION

Since the above-named Defendant(s) is already in custody; I hereby order, subject to bail or conditions of release, that the above-

named Defendant(s) continue to be detained pending further proceedings. Bail: $500,000 +CR Conditions of Release: This COMPLAINT- WARRANT duly subscribed and sworn to, is issued by the undersigned Judicial Officer this ____ day of _____________________________, 20____.

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

NAME: SIGNATURE TITLE: JUDGE OF DISTRICT COURT Sworn testimony has been given before the Judicial Officer by the following witnesses:

STATE OF MINNESOTA COUNTY OF HENNEPIN

STATE OF MINNESOTA

Plaintiff

vs.

SCOTT ALLEN LIPE

Defendant(s).

Clerk's Signature or File Stamp:

RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this COMPLAINT – SUMMONS, WARRANT, ORDER OF DETENTION upon Defendant(s) herein-named.

Signature of Authorized Service Agent: