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State of Minnesota FILED District Court

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County of Anoka 10th JudICIal District


1 2018 Prosecutor File No. 188L607
MN Court File No. 02-CR-18-2983
Pounty,

)8qu
State of Minnesota, z COMPLAINT
Plaintiff, Summons
vs.

BRENDA LEA CARSTEN DOB: 02/1 3/1 979

9951 Polk Street NE


#307
Blaine, MN 55434
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 l

Charge: ENDANGERMENT 0F A CHILD


Minnesota Statute: 609.378.1(b), with reference to: 609.378.1(b)(1)
Maximum Sentence: 0-1 year imprisonment and/or 0-$3000 fine
Offense Level: Gross Misdemeanor

Offense Date (on or about): 02/06/2018

Control #(ICR#): 18502632


Charge Description: On the above date in Anoka County the above named Defendant did intentionally or
recklessly cause or permit a child to be placed in a situation likely to cause substantial harm to the child's
physical, mental or emotional health.

COUNT ||

Charge: USE OF WIRELESS COMMUNICATIONS DEVICE-COMPOSE, READ OR SEND


ELECTRONIC MESSAGE IN MOTION OR TRAFFIC
Minnesota Statute: 169.475.2(a)
Maximum Sentence: 0-90 days imprisonment and/or 0-$1 000 fine
Offense Level: Misdemeanor

Offense Date (on or about): 02/06/2018

Control #(ICR#): 18502632


Charge Description: On the above date in Anoka County the above named Defendant was in operation of
a motor vehicle and used a wireless communication device to compose, read, or send an electronic
message while in the motion or part of traffic.

COUNT III

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Charge: SCHOOL BUS DRIVER'S DUTIES - PERSONAL CELLULAR PHONE CALL
Minnesota Statute: 169.443.9(b), with reference to: 169.4439
Maximum Sentence: 0-90 days imprisonment and/or 0-$1000 fine
Offense Level: Misdemeanor

Offense Date (on or about): 02/06/2018

Control #(ICR#): 18502632

Charge Description: On the above date in Anoka County the above named Defendant was in operation of
a school bus and was communicating with a cellular phone for personal reasons.

COUNT IV

Charge: RECKLESS DRIVING


Minnesota Statute: 169.13.1(a)
Maximum Sentence: 0-90 days imprisonment and/or 0-$1000 fine
Offense Level: Misdemeanor

Offense Date (on or about): 02/06/2018

Control #(ICR#): 18502632

On the above date Anoka County the above named Defendant did drive a school
Charge Description: in

bus with a willful or wanton disregard of the safety of persons or property.

COUNT V
Charge: CARELESS DRIVING
Minnesota Statute: 169.132, with reference to: 169.132
Maximum Sentence: 0-90 days imprisonment and/or 0-$1 000 fine
Offense Level: Misdemeanor

Offense Date (on or about): 02/06/2018

Control #(ICR#): 18502632

the above date in Anoka County the above named Defendant was
operating a
Charge Description: On
rights of others, or in a
school bus upon the street or highway carelessly or heedlessly in disregard of the
driver or
manner that endangers or is iikely to endanger any property or any person, including the
passengers ofthe vehicle, is guilty of a misdemeanor.

COUNT VI
Charge: RIGHT TURN VIOLATION
Minnesota Statute: 169.191 (a)
Maximum Sentence: 0-90 days imprisonment and/or 0-$1000 fine
Offense Level: Misdemeanor

Offense Date (on or about): 02/06/2018

Control #(ICR#): 18502632

Charge Description: On the above date in Anoka County the above named Defendant was operating a
school bus and conducted a right hand turn and turned into a lane which was not closest to the right hand
side of the road.

COUNT VII
Charge: FAILURE T0 OBEY TRAFFIC CONTROL DEVICE
Minnesota Statute: 169.06.4(a)
Maximum Sentence: 0-90 days imprisonment and/or 0-$1 000 fine
Offense Level: Misdemeanor

Offense Date (on or about): 02/06/2018

Control #(ICR#): 18502632

Charge Description: On the above date in Anoka County the above named Defendant did fail to obey a
traffic control device(Stop light/stop sign).

COUNT VIII

Charge: FAILURE TO DRIVE IN SINGLE LANE


Minnesota Statute: 169.18.7(a)
Maximum Sentence: 0-90 days imprisonment and/or 0-$1 000 fine
Offense Level: Misdemeanor

Offense Date (on or about): 02/06/2018

Control #(ICR#): 18502632

Charge Description: On the above date in Anoka County the above named Defendant did fail to drive a

school bus within a single lane.

COUNT IX

Charge: DRIVING OFF PAVEMENT OR TRAVELED PORTION TO PASS


Minnesota Statute: 169.18.4(4)
Maximum Sentence: 0-90 days imprisonment and/or 0-$1 000 fine
Offense Level: Misdemeanor

Offense Date (on or about): 02/06/2018

Control #(ICR#): 18502632

Charge Description: On the above date in Anoka County the above named Defendant did fail to drive a

school bus within the valid lane and was travelling on the shoulder/bike path of the roadway.

COUNT X
Charge: SCHOOL BUS AND HEAD START BUS SAFETY - DRIVER FAILURE TO WEAR SEATBELT
Minnesota Statute: 169.4472
Maximum Sentence: 0-90 days imprisonment and/or 0-$1000 fine
Offense Level: Misdemeanor

Offense Date (on or about): 02/06/2018

Control #(ICR#): 18502632

Charge Description: On the above date in Anoka County the above named Defendant did fail to wear a
seatbelt while in operation of a school bus.

COUNT XI
Charge: PUBLIC NUISANCE
Minnesota Statute: 609.74(1), with reference to: 609.74
Maximum Sentence: 0-90 days imprisonment and/or 0-$1000 fine

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Offense Level: Misdemeanor

Offense Date (on or about): 02/06/2018

Control #(ICR#): 18502632

Charge Description: On the above date in Anoka County the above named Defendant did maintain or
permit a condition which unreasonably annoys, injures, or endangers the safety, health, morals, comfort,
or repose of any members of the public.

COUNT XII

Charge: SCHOOL BUS - SAFETY 0F SCHOOL CHILDREN; STREET CROSSING, BOARDING BUS
Minnesota Statute: 169.4434, with reference to: 169.443.?
Maximum Sentence: 0-90 days imprisonment and/or 0-$1000 fine
Offense Level: Misdemeanor

Offense Date (on or about): 02/06/2018

Control #(ICR#): 18502632

Charge On the above date in Anoka County the above named Defendant was in operation
Description: of

a school bus and was not following safety protocols and waiving the children across the street to cross.

COUNT XIII

Charge: SCHOOL BUS - SAFETY OF SCHOOL CHILDREN; MOVING BUS AFTER UNLOADED
Minnesota Statute: 169.4435, with reference to: 169.443.?
Maximum Sentence: 0-90 days imprisonment and/or 0-$1000 fine
Offense Level: Misdemeanor

Offense Date (on or about): 02/06/2018

Control #(ICR#): 18502632

Charge Description. On the above date in Anoka County the above named Defendant was in operation of
a school bus and was not following safety protocols and checking to see the children were a safe distance
before leaving the stop site

COUNT XIV
SCHOOL BUS AND HEAD START BUS SAFETY
Charge: - OPERATE BUS W/ AISLE OR EXIT
BLOCKED
Minnesota Statute: 169.4474, with reference to: 169.4437
Maximum Sentence: 0-90 days imprisonment and/or 0-$1000 fine
Offense Level: Misdemeanor

Offense Date (on or about): 02/06/2018

Control #(ICR#): 18502632

Charge Description: On the above date in Anoka County the above named Defendant was in operation of
a school bus and was not following safety protocols and allowing the children to stand within the stairs
and the aisles and not be properly seated.

COUNT XV
Charge: SCHOOL BUS AND HEAD START BUS SAFETY - SEATING CAPACITY
Minnesota Statute: 169.447.1
Maximum Sentence: $300 fine
Offense Level: Petty Misdemeanor

Offense Date (on or about): 02/06/2018

Control #(ICR#): 18502632

Charge Description: On the above date in Anoka County the above named Defendant was in operation of

a school bus and was not following safety protocols and allowing the children walk and move within the

school bus while it is in motion.


STATEMENT OF PROBABLE CAUSE

The complainant a licensed law enforcement officer


is in the State of Minnesota and states the following
facts establish probable cause.

On February 13, 2018, Paul Davis, the Safety Director for Lorenz Bus Service Inc. contacted Public Safety
Department Trooper Michael Krukowski, #398, of the Minnesota State Patrol, to report that he received a
complaint on one of his bus drivers, BRENDA LEA CARSTEN, DOB 02/1 3/1 979, Defendant herein. Mr.
Davis stated that the complaint originated from a parent whose child rides on the after-school activity bus
#105. Trooper Krukowski met with Mr. Davis on February 15, 2018 so review the on-board video/audio
footage of the incident, which occurred on February 6, 2018 at 4:35 pm.

915‘
The video starts as the bus pulls out of the Westwood Middle School parking lot, located at 711
Avenue NE, in the City of Blaine, County of Anoka, in the State of Minnesota. The Defendant is in the
driver’s seat of the bus, and it doesn’t appear the Defendant is wearing a seat belt or is only wearing the
lap belt portion of the belt.

Inthe beginning of the footage, students in the back seats of the bus are laying across seats
and are
moving or standing while the bus is in motion. The Defendant reaches for her cell phone and is
manipulating the screen of the cell phone and only driving with her right hand. The Defendant continually
looks at the screen of her phone with brief moments of looking at the road. As the Defendant
cell

approaches a stop sign, she slows down, but does not come to a complete stop and makes an aggressive
left turn. The Defendant then starts talking to the kids about
her personal life. The Defendant continues this
children to sit in their seats as
type of conversation throughout the route. The Defendant briefly tells the
doesn’t care any longer. The
there is police activity ahead, but once they are out of sight states that she
Defendant completes a stop and allows children to exit the bus, but some come back on the bus as
it isn’t

their stop yet. seen travelling over the white fog lines on both sides as the Defendant continues
The bus is

to text on her phone, sometimes with both hands. The Defendant allows
students to use the public
announcement system to read her text messages aloud to the entire bus.

The Defendant continues about her personal life with foul language to the students. During this time
to talk
“your momma"
one of the students walks fonNard and stands in the stairwell. The students then start telling
jokes. The Defendant then uses her cell phone to look up “your
momma" jokes. The Defendant initiates a
turn but was more distracted in telling the joke, and turned into oncoming lanes of traffic,
which therewas
one visible car in the oncoming lane and not close enough to cause a collision at the time.
only

doesn't waive the


While at a bus stop, while letting off a student, the Defendant is sending messages and
student across nor does she check any mirrors before starting the route. The Defendant then makes a
personal phone and leaves a voicemail and continues the “your momma" jokes. One student states that
call

the Defendant should be telling dirty “your momma” jokes, the Defendant then researches dirty jokes
and
“your momma"
reads and explains the dirty jokes to the students. The Defendant then states that the dirty
jokes are gross and stops telling them. The Defendant then stops the bus and a student departs the bus
and the Defendant stands up, which revealed that the Defendant had not been wearing a seat belt all along,
and gives the students an inappropriate "life lesson" and returns to her seat. The Defendant continues to
drive erratically and not looking at the road and texting. At one point one of the students asks if
he can open
while she
the doors while the bus is still in motion. The Defendant tells him no, but then later opens the door
is still two times, once for approximately 3 seconds and a second time for approximately 6
driving
three
seconds. The Defendant then drifts into the shoulder/bike lane once again, as she is looking for the
'Vvon" and beat them to
students she dropped off at an improper stop earlier, and taunts them as she
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where they should have gotten off at. After dropping off the last student, she allows him off and does not
motion him across the lane nor does the student wait for her to waive him across the street. The Defendant
continues driving, not making complete stops at stop signs, and driving on the right shoulder of the road.

Upon completing interviews with the students, Trooper Krukowski Ieamed that what occurred on February
6, 2018 was not the first instance of the content or subject matter, and that the first time occurred they
it

were shocked or taken by surprise by the content, but they are no longer appalled by the actions of the
Defendant.
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 declares under penalty of perjury that everything stated in this document is true and
correct. Minn. Stat. § 358.116; Minn. R. Crim. P. 2.01, subds. 1, 2.

Complainant Jeremy Solie Electronically Signed:


Sergeant 05/01/2018 02:33 PM
2005 N Lilac Drive Hennepin County, Minnesota
Golden Valley, MN 55422
Badgez89

Being authorized to prosecute the offenses charged, I approve this complaint.

Prosecuting Attorney Mark E.Berglund Electronically Signed:


Blaine City Prosecutor 05/01/2018 01 :17 PM
"
2140 Fourth Avenue N
Anoka, MN 55303
(763) 427-5950
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).

X SUMMONS
THEREFORE YOU, THE DEFENDANT, ARE SUMMONED to appear on June 6, 2018 at 1:00 PM before the

above—named court at 21 00 Third Avenue, Anoka, MN 55303 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: | order, in the name of the State

of Minnesota, that the Defendant be apprehended and arrested without delay and brought promptly before the court (if in

any event not than


before a Judge or Judicial Officer of such court without unnecessary delay, and in later
session), and if not.

36 hours after the arrest or as soon as such Judge or Judicial Officer is available to be dealt with according to law.

D Execute in MN Only D Execute Nationwide D Execute in Border States

ORDER OF DETENTION
order, subject to bail or conditions of release. that the Defendant continue to be
Since the Defendant is already in custody, l

detained pending further proceedings.

Bail:$
Conditions of Release:

This complaint, duly subscribed and sworn to or signed under penalty of perjury, is issued by the undersigned Judicial Officer

as ofthe following date: May 1, 2018.

Judicial Officer John Dehen Electronically Signed: 05/01/2018 04:42 PM


Judge

Sworn testimony has been given before the Judicial Officer by the following witnesses:

COUNTY 0F ANOKA
STATE OF MINNESOTA

State of Minnesota
Pmmtlfi
LAW ENFORCEMENT OFFICER RETURN OF SERVICE
/ hereby Certify and Return have served a copy of this
that /

vs. Summons upon the Defendant herein named.

Signature of Authorized Service Agent:


BRENDA LEA CARSTEN
Defendant

’ i ‘ln.’
DEFENDANT FACT SHEET

Name: BRENDA LEA CARSTEN


DOB: 02/1 3/1 979

Address: 9951 Polk Street NE


#307
Blaine, MN 55434

Alias Names/DOB:
SID:

Height:

Weight:

Eye Color:
Hair Color:

Gender: FEMALE
Race:
Fingerprints Required per Statute: Yes
Fingerprint match to Criminal History Record: No
Driver's License #: N124152382707 (MN)

Alcohol Concentration:

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STATUTE AND OFFENSE GRID
Cnt Statute Offense Statute Nbrs and Descriptions Offense MOC GOC Controlling Case
Nbr Type Date(s) Level Agencies Numbers

Charge 2/6/201 8 609.378.1 (b) Gross |2104 N MNMHP0400 18502632


Endangerment of a ChiId-Person or Misdemeanor
Health

Penalty 2/6/201 8 609.378.1 (b)(1) Gross |2104 N MNMHP0400 18502632


Endanger ChiId-Situation Could Cause Misdemeanor
Harm or Death-G

Charge 2/6/201 8 169.475.2(3) Misdemeanor J8001 N MNMHP0400 18502632


Use VWeless Communications
of
Device-Compose. Read or Send
Electronic Message in Motion or Traffic

Charge 2/6/201 8 169.443.9(b) Misdemeanor J8007 N MNMHP0400 18502632


Traffic-Regulation School Bus Driver
- -

Cellular Phone Call Prohibited While


Moving\Part of Traffic

Charge 2/6/201 8 169.1 3.1 (a) Misdemeanor J3907 N MNMHP0400 18502632


Traffic - Reckless dn‘ving; Drives
Consciously Disregarding a Substantial
or Unjustifiable Risk

Charge 2/6/201 8 169.132 Misdemeanor J3907 N MNMHP0400 18502632


Traffic - Careless Driving

Penalty 2/6/201 8 169.1 3.2 Misdemeanor J3907 N MNMHP0400 18502632


- Careless Driving
Traffic

Charge 2/6/201 8 16919.1 (a) Misdemeanor J3007 N MNMHP0400 18502632


Traffic Regulations - Turning at
Intersections - Right Turn Violation

Charge 2/6/201 8 169.06.4(3) Misdemeanor J9807 N MNMHP0400 18502632


-
Traffic Regulations Failure to obey
traffic control device

Charge 2/6/201 8 169.1 8.7(a) Misdemeanor J8907 N MNMHP0400 18502632


Traffic regulation - failure to drive in
single lane

Charge 2/6/201 8 169.18.4(4) Misdemeanor J8901 N MNMHPO400 18502632


Traffic Regulation - Driving off
pavement or traveled portion to pass

10 Charge 2/6/201 8 169.4472 Misdemeanor J3007 N MNMHF’0400 18502632


Traffic Regulation -
School Bus and
Head Start Bus Safety - Driver failure to
wear seatbelt

11 Penalty 2/6/201 8 609.74 Misdemeanor N3245 N MNMHP0400 18502632


Public Nuisance

Charge 2/6/201 8 609.74(1) Misdemeanor N3245 N MNMHP0400 18502632- __..

Public
Nuisance-Annoy/InjurelEndanger
Safety

12 Charge 2/6/201 8 169.4414 Misdemeanor J3007 N MNMHF’0400 18502632


Traffic Regulation - School Bus -
Safety
of School Children; Street Crossing,
Boarding Bus

Penalty 2/6/201 8 169.4437 Misdemeanor J3007 N MNMHP0400 18502632


Traffic-Regulation - School Bus Driver's
-
Duties Safety Violation

13 Charge 2/6/201 8 169.4435 Misdemeanor J3007 N MNMHP0400 18502632


Traffic Regulation School Bus - Safety
-

of School Children; Moving Bus Afler


Unloaded

Penalty 2/6/201 8 169.443.? Misdemeanor J3007 N MNMHP0400 18502632

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Traffic-Regulation - School Bus Driver's
-
Duties Safety Violation

14 Charge 2/6/201 8 169.4414 Misdemeanor J3007 N MNMHP0400 18502632


Traffic Regulation - School Bus and
Head Start Bus Safety - Operate bus w/
aisle or exit blocked

Penalty 2/6/201 8 169.443.? Misdemeanor J3007 N MNMHPO400 18502632


Traffic—Regulation - School Bus Driver‘s
Duties - Safety \fiolation

15 Charge 2/6/201 8 169.447.1 Petty J3007 N MNMHP0400 18502632


Traffic Regulation - School Bus and Misdemeanor
Head Start Bus Safety - Seating
Capacity

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