State of Minnesota County of Olmsted

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1 State of Minnesota County of Olmsted District Court 3rd Judicial District Prosecutor File No Court File No. 55-CR State of Minnesota, Plaintiff, COMPLAINT Order of Detention VS. MICHAEL ROY SMITH DOB: 3/27/ SW 36th Street Rochester, MN 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: (1 ) Maximum Sentence: 40 years in prison Offense Level: Felony Offense Date (on or about): 02/07/2011 Control #(ICR#): 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.

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.

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 on the child. Also identified at the residence were LMH DOB , and Michael Roy Smith, DOB 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 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

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.

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 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

4 MINNESOTA STATUTES SECTION ,

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, # th Street SE Rochester, MN Signing Officer Thomas Pingel Sergeant 101 4th Street SE Rochester.'MN Badge:: 2135 Electronically Signed: 2/9/2011 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/ th Street SE Rochester MN ,,,,, Being authorized to prosecute the offenses charged, I approve this complaint. Prosecuting Attorney James S. Martinson Chief Deputy 151 4th Street SE Government Center - 3rd Floor Rochester, MN (507) Electronically Signed: 2/9/2011

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 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, Judicial Officer Joseph Chase District Judge Electronically Signed: 2/9/2011 Sworn testimony has been given before the Judicial Officer by the following witnesses: r... COUNTY OF OLMSTED STATE OF MINNESOTA _ r - Clerk's Signature or File Stamp: State of Minnesota Plaintiff VS. Michael Roy Smith Defendant RETURN OF SERVICE I hereby Certify and Retum that I have served a copy of this Order of Detention upon the Defendant herein named. Signature of Authorized Service Agenh 6

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT INDEPENDENCE

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT INDEPENDENCE POLICE NO. : 19-000426 PROSECUTOR NO. : 095450769 OCN: CW005614 STATE OF MISSOURI, ) PLAINTIFF, ) vs. ) ) CHRISTOPHER J WILSON ) 10825 Gregory