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STATE OF MINNESOTA COUNTY OF RAMSEY

DISTRICT COURT SECOND JUDICIAL DISTRICT COURT FILE NO.: _____________ PROSECUTOR FILE NO.: 2122307

State of Minnesota, Plaintiff, FELONY CRIMINAL COMPLAINT Summons Warrant Order of Detention Amended Certified Juvenile EJJ

v. Yia Her (DOB: 01/08/1987) 1349 Gentry Ave. North Oakdale, MN 55128,

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 following offense(s): COUNT 1 On or about the 9th day of June, 2013, in Ramsey County, Minnesota, the defendant, YIA HER, aiding and abetting and being aided and abetted by another, did unlawfully cause the death of Vone Xweet Moua (DOB 11/24/67) with intent to effect the death of Vone Moua, and possessed or used a firearm. Said acts constituting the offense of Murder in the Second Degree in violation of MN Statute: 609.19.1(1); 609.11.5(a); 609.05.1 Maximum Sentence: 40 years COUNT 2 On or about the 9th day of June, 2013, in Ramsey County, Minnesota, the defendant, YIA HER, aiding and abetting and being aided and abetted by another, did unlawfully attempt to cause the death of B. V-S-T. (DOB 11/28/82) with intent to effect the death of B. V-S-T., and possessed or used a firearm. Said acts constituting the offense of Attempted Murder in the Second Degree in violation of MN Statute: 609.19.1(1); 609.11.5(a); 609.05.1; 609.17.1 Maximum Sentence: 20 years

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COUNT 3 On or about the 9th day of June, 2013, in Ramsey County, Minnesota, the defendant, YIA HER, aiding and abetting and being aided and abetted by another, did unlawfully attempt to cause the death of S.V. (DOB 12/28/75) with intent to effect the death of S.V., and possessed or used a firearm. Said acts constituting the offense of Attempted Murder in the Second Degree in violation of MN Statute: 609.19.1(1); 609.11.5(a); 609.05.1; 609.17.1 Maximum Sentence: 20 years

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STATEMENT OF PROBABLE CAUSE The Complainant states that the following facts establish probable cause: On June 9, 2013, Vone Moua (DOB: 11-24-1967) was working at the bar he and his wife, M.M., owned Malinas Sports Bar located at 691 North Dale Street, Saint Paul, Ramsey County. At approximately 2:15 a.m., employees told two Asian males who were playing pool that they had to leave because the bar was closed. Twice that evening a waitress had run a credit card owned by one of the men for drinkshis first name was Yia. Yia was described as 25-years-old, between 53 to 56, 135 150 pounds, and wearing a white shirt and blue jeans or black shorts. Yia complained to Moua that he had paid to play at the table, and Moua told Yia that the bar was closed. Moua told Yia that he would play him in a game of poolif Yia won, he could play for two hours, but if Moua won Yia had to leave. Yia became angry and made a phone call that was overheard by SV (DOB: 12-28-1975) who works at the bar as a disc jockey. Yia asked the person on the other end of the phone call where they were and he asked them to come inside the bar. Yia left the bar without taking Moua up on his offer. A short time later Yia pounded on and kicked the front door which had been locked for closing time. Moua gave a waitress permission to open the door and Yia re-entered with a man who had been in the bar earlier with Yia. The second man was 25-years-old, 53 56, 135 150 pounds, with longer, black hair, and acne. The man wore jeans, a blue button-up shirt, and had a red bandana wrapped around his right wrist. Moua left the bar area and approached Yia and they had a discussion about the pool table, time, and money. Moua and Yia began to push each other. Moua and other bar employees and customers pushed Yia towards the door. S.V. walked over to help and saw the second man reach out towards Moua with something metal in his hand. S.V. initially thought the object could have been a knife but he heard a gunshot. The shooter then turned the gun towards S.V. who instinctually grabbed it. The gun fired and the back of S.V.s neck was grazed by a bullet. B.V-S-T. (DOB: 11-28-1982) was at the bar in order to help his friend, Moua, close up. B.V-S-T. saw a confrontation at the doorway. One of the men who had argued about the time they had on the pool table began to argue with Moua. The man shoved Moua who tried to push the man out of the door. The second man just stood by and did nothing during the verbal confrontation. B.V-S-T. moved in to help Moua get the man out of the bar. B.V-S-T pushed the man towards the door and then saw Moua drop to the floor. B.V-S.T. then felt pain in his chest. B.V-S-T. looked down and saw blood so he dove for cover. B.V-S-T didnt know whether he had been shot or stabbed at the time as he did not recall hearing gunshots. B.V-S-T. was later taken to the hospital because he had been shot in the left side underneath his armpit. The bullet went through B.V-S-Ts body and lodged near the right side of his neck. M.M. and her children arrived at the bar to pick Moua up after closing. M.M. was in the bar when Yia and the other man came back into the bar. Yia was badmouthing everyone and arguing that he wanted to stay late and play pool with Moua. The other man said nothing as Yia and Moua argued. There was pushing and shoving at the door when M.M. saw the man with Yia lift up a silver gun in the air. The man lifted his right arm up into the air and aimed the gun downward at an angle. The man shot the gun and everyone started to run. After the first shot, the shooter looked around for others to fire on. M.M. heard 3 4 shots fired. Both men got into a small black car and fled. M.M. and others in the bar tended to Mouas head wound. M.M. gave officers three spent shell casings that she had picked up from the bars floor.

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Moua was transported to Regions Hospital where he later died. Doctor Michael McGee, the Ramsey County Medical Examiner, indicated that the cause of Mouas death was cerebral lacerations and cerebral destruction due to a gunshot wound to the head. Mouas manner of death is homicide. A bartender, L.V., helped police identify vehicles in the parking lot that belonged to other staff members. L.V. did not recognize a 1992 Mitsubishi 3000GT that was in the parking lot. Officers ran the cars license plate and a photo of the registered owner came up on the screen of their squads computer. L.V. saw the photo of the manYIA HER (DOB: 1-8-1987)and said, Thats one of them. When asked for clarification, L.V. said that Her was the man in the white shirt who had argued with Moua over the pool table. Officers went to an address where Her had once reported his vehicle had been stolen. Officers spoke to M.V. who indicated that Her is her brother-in-law and she had seen him earlier that morning at M.V.s parents house. Her said that he might be gone for a little while and asked those present to take care of his kids. It was later determined that Her was at 311 Toronto Street and officers went there to try to locate Her. While conducting surveillance on the home, officers saw an Asian male park a Toyota Tacoma and walk toward the Toronto Street address. Officers noted the mans physical characteristics matched those of Her. Officers knocked on the door and a man answered holding a baby. Officers recognized the man as having been in the Toyota and they recognized him as Her. Officers had Her put the baby down and they saw a white t-shirt lying on top of a pile of clothing and boxes near a couch. The shirt appeared to have blood stains across the front and on one of the sleeves. Officers asked Her if he knew why they were there and he said, Yeah, I know. Officers arrested Her and placed him in handcuffs. Officers spoke to Hers wife, G.V., who said Her wanted to go out with friends the previous evening. Her asked G.V. if she wanted to come along, but she felt like staying home and declined her husbands invitation. At 10:00 pm, G.V. spoke to Her who said he and his friends were at their residence in Oakdale drinking. Later sometime before sunrise Her came home and slept next to G.V. in the living room at 311 Toronto Street. When they woke up G.V. saw that Hers shirt had some blood or dark stains on it. Her took off the shirt and put on another shirt. Around 8:00 am that morning Her told GV that he wanted to go get his white car. Her told GV he would get a friend to go with him when she asked her husband if he needed help. Her was advised of his constitutional rights and agreed to speak to Sergeant Haider with the help of an interpreter. Her paid $20 to rent a pool table at Malinas Sports Bar for two hours. Hers wifes brother, CHENG VANG (DOB: 7-30-1990), was playing pool with him at the bar earlier. Her asked the owner to return his $20 at closing time and the owner refused. Her left the bar after calling Vang. Her told Vang that he did not get his money back and told Vang that if he had a gun to bring it. Her was very angry and his plan was to use Vangs gun to scare the owner into giving him his $20 back. Her denied having seen Vang with a gun in the past. Her just assumed Vang would have a gun. Vang came back about 5 minutes after Her called him. Her met Vang outside but forgot to ask his brother-inlaw for the gun. Her did not know whether or not Vang had a gun when he returned. Her kicked and pounded on the door until he and Vang were allowed back inside. The owner walked out from behind the bar and met Her by the pool tables. The owner began pushing and choking Her who was pushed up against the exit door. Her said many people had wrestled them down. Sergeant Haider noted scratches on Hers arm, a scratch on his neck, and what appeared to be dried blood on his right forearm. Vang was behind Her when gunshots rang out and the owner fell to the ground. Her and Vang ran out of the bar. Her went to his car but wasnt able to get in so he ran and got in the front passenger seat of Vangs car.

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Her denied seeing Vang with a gun before they reentered the bar, while they were in the bar, or afterwards when Vang gave him a ride home. Her denied there was any conversation in the car on their way to Hers mother-inlaws home where he was dropped off. Her entered the home, took off his shirt, and went to sleep. Her denied speaking with Vang since being dropped off at home. Her identified a drivers license photo of Vang as his brother-in-law and he described Vang as having pimples.

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Complainant requests that Defendant, subject to bail or conditions of release, be: (1) arrested or that other lawful steps be taken to obtain Defendants appearance in court; or (2) detained, if already in custody, pending further proceedings; and that said Defendant otherwise be dealt with according to law. COMPLAINANTS NAME: William Haider COMPLAINANTS SIGNATURE: ____________________________________

Subscribed and sworn to before the undersigned this ______ day of _________, 20_____. NAME/TITLE: SIGNATURE:

____________________________________

____________________________________

Being authorized to prosecute the offenses charged, I approve this complaint. Date: 06/11/2013 PROSECUTING ATTORNEYS SIGNATURE: ____________________________________ Name: Derek Fitch Assistant Ramsey County Attorney 50 West Kellogg Blvd, #315 St. Paul, MN 55102 651-266-3222/mc Attorney Registration #328339

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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, Defendants arrest or other lawful steps be taken to obtain Defendants appearance in court, or Defendants detention, if already in custody, pending further proceedi ngs. Defendant is therefore charged with the above-stated offense.

SUMMONS
THEREFORE YOU, THE ABOVE-NAMED DEFENDANT, ARE HEREBY SUMMONED to appear on the ____ day of ____________, 20___ at _______ 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.

Execute in MN Only

WARRANT 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 promptly before the abovenamed 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.

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: $500,000.00 Conditions of Release: No contact with B.V-S-T. (DOB 11/28/92) and no contact with S.V. (DOB 12/28/75).
This complaint, duly subscribed and sworn to, is issued by the undersigned Judicial Officer this ______ day of _____________, 20_____. JUDICIAL OFFICER: NAME: TITLE: SIGNATURE: ___________________________________

Sworn testimony has been given before the Judicial Officer by the following witnesses: COUNTY OF RAMSEY Clerks Signature or File Stamp:

STATE OF MINNESOTA STATE OF MINNESOTA Plaintiff, vs. YIA HER Defendant.

RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this COMPLAINT upon the Defendant herein named. Signature of Authorized Service Agent: _________________________________

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FINDINGS OF FACT Probable cause found that defendant committed the offenses charged. Ordered defendant's motion to dismiss denied. Plea of not guilty to all counts entered. Trial and hearing on all issues set.

Dated: ________________________

_______________________________________ JUDGE OF DISTRICT COURT

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DEFENDANT DATA / CHARGE SHEET ATTACHMENT A

DEFENDANT NAME: YIA HER

Defendant alias name(s): Defendant last known address: State ID: Fingerprint ID: FBI ID: St. Paul PD ID: Offender ID: 1349 Gentry Ave. North Oakdale, MN 55128 MN13G86476 297914 828378VD0

DOB: 01/08/1987
Alias DOB(s):

OTHER DEFENDANT / CASE IDENTIFIERS:

Fingerprinted? No Yes Yes (Issuing Agency: ) No Handgun permit? Location of violation: IF DRIVING OFFENSE: Driver's License Number: License Plate Number: Accident Type: No injury/no damage check all that apply Personal Injury Blood Alcohol Concentration (BAC):

Issuing State: Issuing State: Property Damage Fatality

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FELONY WARRANT AND ORDER OF DETENTION COMPLAINT CT OFFENSE STATUTE STATUTE NO DATE TYPE NBR STATUTE DESCRIPTION OFFENSE LEVEL MOC G O C AGENCY ORI CN NBR FUNCTION

1 06/09/2013

Charge

609.19.1(1)

Penalty

609.11.5(a)

Definition 609.05.1 2 06/09/2013 Charge 609.19.1(1)

Murder - 2nd Degree With Intent-Not Premeditated Minimum Sentences of Imprisonment-Firearm Use or Possession Liability for Crimes of Another-Intentional Murder - 2nd Degree With Intent-Not Premeditated Minimum Sentences of Imprisonment-Firearm Use or Possession Liability for Crimes of Another-Intentional Anticipatory CrimesAttempts Murder - 2nd Degree With Intent-Not Premeditated Minimum Sentences of Imprisonment-Firearm Use or Possession Liability for Crimes of Another-Intentional Anticipatory CrimesAttempts

H2013

X St. Paul Police Dept. ORI - MN0620900 CN - 13116363 Charging

H2013

Penalty

609.11.5(a)

A St. Paul Police Dept. ORI - MN0620900 CN - 13116363 Charging

Definition 609.05.1 Definition 609.17.1 3 06/09/2013 Charge 609.19.1(1)

H2013

Penalty

609.11.5(a)

A St. Paul Police Dept. ORI - MN0620900 CN - 13116363 Charging

Definition 609.05.1 Definition 609.17.1

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