===== DOC: MCRO_27-CR-19-28883_Dismissal by Prosecuting Attorney_2023-02-22_20240430092343.pdf ===== --- meta case_number: 27-CR-19-28883 defendant: JACOB MAMAR JOHNSON filing_type: Dismissal by Prosecuting Attorney filing_date: 2023-02-22 pages: 001 --- end meta ===== PAGE 001/001 ===== 27-CR-19-28883 Filed in District Court State of Minnesota 2/22/2023 4:25 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT State of Minnesota, Plaintiff, STATE’S DISMISSAL PURSUANT TO MINN. R. CRIM. P. 30.01 vs. JACOB MAMAR JOHNSON, Court Case No. 27-CR-19-28883 C.A. Case No. 19A11232 Defendant. The State of Minnesota hereby dismisses the Complaint in the above-named case for the following reasons: In the interests of justice. Respectfully submitted, MARY F. MORIARTY Hennepin County Attorney Mawerdi Hamid 0393130 Assistant County Attorney C2300 Government Center 300 South Sixth Street Minneapolis, MN 55487 Telephone: ===== DOC: MCRO_27-CR-21-13795_Dismissal by Prosecuting Attorney_2023-02-22_20240430082431.pdf ===== --- meta case_number: 27-CR-21-13795 defendant: JACOB MAMAR JOHNSON filing_type: Dismissal by Prosecuting Attorney filing_date: 2023-02-22 pages: 001 --- end meta ===== PAGE 001/001 ===== 27-CR-21-13795 Filed in District Court State of Minnesota 2/22/2023 4:29 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT State of Minnesota, Plaintiff, STATE’S DISMISSAL PURSUANT TO MINN. R. CRIM. P. 30.01 vs. JACOB MAMAR JOHNSON, Court Case No. 27-CR-21-13795 C.A. Case No. 21A07536 Defendant. The State of Minnesota hereby dismisses the Complaint in the above-named case for the following reasons: In the interests of justice. Respectfully submitted, MARY F. MORIARTY Hennepin County Attorney Mawerdi Hamid 0393130 Assistant County Attorney C2300 Government Center 300 South Sixth Street Minneapolis, MN 55487 Telephone: ===== DOC: MCRO_27-CR-22-18859_E-filed Comp-Summons_2022-09-22_20240429162350.pdf ===== --- meta case_number: 27-CR-22-18859 defendant: ABDIQANI AHMED HASSAN filing_type: E-filed Comp-Summons filing_date: 2022-09-22 pages: 006 --- end meta ===== PAGE 001/006 ===== 27-CR-22-18859 Filed in District Court State of Minnesota 9/22/2022 State of Minnesota District Court County of Hennepin 4th Judicial District Prosecutor File No. 22A10377 Court File No. 27-CR-22-18859 State of Minnesota, COMPLAINT Plaintiff, Summons vs. ABDIQANI AHMED HASSAN DOB: 04/05/1998 4500 5th Ave S Minneapolis, MN 55407 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: Drugs - 5th Degree - Possess Schedule 1,2,3,4 - Not Small Amount Marijuana Minnesota Statute: 152.025.2(1), with reference to: 609.101.3, 152.025.4(b) Maximum Sentence: 5 YEARS AND/OR $3,000-$10,000 Offense Level: Felony Offense Date (on or about): 09/16/2022 Control #(ICR#): 22219692 Charge Description: That on or about 09/16/2022, at 500 Cedar Ave South in Minneapolis, Hennepin County, Minnesota, ABDIQANI AHMED HASSAN unlawfully possessed one or more mixtures containing a Schedule I, II, III, or IV controlled substance, to-wit: fentanyl. 1 ===== PAGE 002/006 ===== 27-CR-22-18859 Filed in District Court STATEMENT OF PROBABLE CAUSE State of Minnesota 9/22/2022 Complainant has investigated the facts and circumstances of this offense and believes the following establishes probable cause: On 09/16/2022, Minneapolis police officers were patrolling the area of 500 Cedar Ave South Minneapolis, Hennepin County, Minnesota when they observed two males, one later identified as ABDIQANI AHMED HASSAN (DOB: 04/05/1998) at an entry way of a business using narcotics. Defendant was holding a lighter below a flat piece of tinfoil while another male held the tinfoil with one hand and held a straw to his mouth with the hand. The officers recognized this as smoking of narcotics. The officers stopped their squad car and asked Defendant and the male to stop. Defendant yelled “fuck you” and began to flee northbound on foot. The officer gave clear and loud command to stop and identified himself as police. After giving chase, the officer attempted but failed to tase Defendant after warning Defendant that he would be tased. Another officer caught up with Defendant, forced him to the ground, and arrested him for narcotic use and fleeing. Defendant was transported to Hennepin County Medical Center (HCMC) for reported injuries. While at HCMC, Defendant started threatening the officers and to spit at the officers. Defendant was cleared from HCMC and sent to Hennepin County adult jail. Hennepin County deputies found four small blue circular pills stamped “M” and “30” in Defendant's sock and a clear straw in his pants pocket. The pills field tested positive for fentanyl. 2 ===== PAGE 003/006 ===== 27-CR-22-18859 Filed in District Court SIGNATURES AND APPROVALS State of Minnesota 9/22/2022 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 Phillip Gangnon Electronically Signed: Sgt. 09/20/2022 09:28 AM 350 S 5th St hennepin County, gangnpt0 Minneapolis, MN 55415-1389 Badge: 2195 Being authorized to prosecute the offenses charged, I approve this complaint. Prosecuting Attorney Mawerdi Hamid Electronically Signed: Assistant County Attorney 09/20/2022 08:56 AM 300 S 6th St Minneapolis, MN 55487 (612) 348-5550 3 ===== PAGE 004/006 ===== 27-CR-22-18859 Filed in District Court FINDING OF PROBABLE CAUSE State of Minnesota 9/22/2022 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 as directed in the Notice of Hearing before the above-named court 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 promptly 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 Nationwide Execute 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, duly subscribed and sworn to or signed under penalty of perjury, is issued by the undersigned Judicial Officer as of the following date: September 20, 2022. Judicial Officer Marta M. Chou Electronically Signed: 09/20/2022 09:51 AM District Court Judge Sworn testimony has been given before the Judicial Officer by the following witnesses: COUNTY OF HENNEPIN STATE OF MINNESOTA State of Minnesota Plaintiff LAW ENFORCEMENT OFFICER RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this vs. Summons upon the Defendant herein named. Signature of Authorized Service Agent: Abdiqani Ahmed Hassan Defendant 4 ===== PAGE 005/006 ===== 27-CR-22-18859 Filed in District Court DEFENDANT FACT SHEET State of Minnesota 9/22/2022 Name: Abdiqani Ahmed Hassan DOB: 04/05/1998 Address: 4500 5th Ave S Minneapolis, MN 55407 Alias Names/DOB: ABDIQUANI HASSAN DOB: ABDIQAR AHMED HASSAN DOB: 4/5/1998 AHMED HASSAN ABDI DOB: 4/5/1998 ABDIGANI AHMED HASSAN DOB: 4/5/1998 Abdi Qani Ahmed Hassan DOB: 4/5/1998 SID: MN12FE3582 Height: Weight: Eye Color: Hair Color: Gender: MALE Race: Black Fingerprints Required per Statute: Yes Fingerprint match to Criminal History Record: Yes Driver's License #: SILS Person ID #: 731599 SILS Tracking No. 3297427 Alcohol Concentration: 5 ===== PAGE 006/006 ===== 27-CR-22-18859 Filed in District Court STATUTE AND OFFENSE GRID State of Minnesota 9/22/2022 Cnt Statute Offense Statute Nbrs and Descriptions Offense MOC GOC Controlling Case Nbr Type Date(s) Level Agencies Numbers 1 Charge 9/16/2022 152.025.2(1) Felony DH520 MN0271100 22219692 Drugs - 5th Degree - Possess Schedule 1,2,3,4 - Not Small Amount Marijuana Penalty 9/16/2022 152.025.4(b) Felony DH520 MN0271100 22219692 Drugs - 5th Degree Controlled Substance - Sale or possession Definition 9/16/2022 609.101.3 No-Level DH520 MN0271100 22219692 Minimum Fines-Controlled Substance Offenses 6 ===== DOC: MCRO_27-CR-22-18859_Findings and Order_2022-11-30_20240429162343.pdf ===== --- meta case_number: 27-CR-22-18859 defendant: ABDIQANI AHMED HASSAN filing_type: Findings and Order filing_date: 2022-11-30 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota Nov 30, 2022 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CRIMINAL DIVISION State of Minnesota, ) FINDINGS OF FACT, ) CONCLUSIONS OF LAW Plaintiff, ) AND ORDER REGARDING ) COMPETENCY vs. ) ) MNCIS No: 27-CR-22-22985; Abdiqani Ahmed Hassan, ) 27-CR-22-18859; ) 27-CR-21-23132; Defendant. ) 27-CR-21-3355 This matter came before the undersigned Judge on November 29, 2022. Mawerdi Hamid, Assistant Hennepin County Attorney, represented the plaintiff. Defendant, who was in custody, was represented by Bernice Hodge, Assistant Hennepin County Public Defender. Parties agreed to waive their appearances. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 04/05/1998), was charged in MNCIS file 27-CR-22- 22985 with Damage to Property-1st (Felony) arising from an incident alleged to have occurred on 10/21/22; in MNCIS file 27-CR-22-18859 with Drugs-5th (Felony) arising from an incident alleged to have occurred on 09/16/22; in MNCIS file 27-CR-21-23132 with Trespass (GMD) arising from an incident alleged to have occurred on 12/15/21; and in MNCIS file 27-CR-21-3355 with Trespass (GMD) arising from an incident alleged to have occurred on 02/16/21. On 11/18/22, Judge Scoggin found probable cause to believe that the offenses were committed and that Defendant committed them. ===== PAGE 002/004 ===== 2. On 11/18/22, Judge Scoggin ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case, including but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten days of the date of service. Mawerdi Hamid, Assistant Hennepin County Attorney; Heidi Johnston, Minneapolis City Attorney; Bernice Hodge, Assistant Hennepin County Public Defender 3. Defendant is currently under civil commitment in file 27-MH-PR-22-899 so no new referral to PSP will be ordered. 2 ===== PAGE 003/004 ===== 4. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 5. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 6. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 7. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 8. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no 3 ===== PAGE 004/004 ===== hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 9. In the event the Fourth Judicial District Court – Mental Health Division does not commit the defendant, then the defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 10. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is 05/30/23. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: 11. Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Bernice Hodge, Assistant Hennepin County Public Defender; c. Assistant Hennepin County Attorney’s Office – Adult Services Division [if a commitment is ordered]; d. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. BY THE COURT: DATED: November 30, 2022 ______________________________ Lisa K. Janzen Judge of District Court Fourth Judicial District 4 ===== DOC: MCRO_27-CR-22-22985_E-filed Comp-Warrant_2022-11-17_20240429164053.pdf ===== --- meta case_number: 27-CR-22-22985 defendant: ABDIQANI AHMED HASSAN filing_type: E-filed Comp-Warrant filing_date: 2022-11-17 pages: 006 --- end meta ===== PAGE 001/006 ===== 27-CR-22-22985 Filed in District Court State of Minnesota 11/17/2022 State of Minnesota District Court County of Hennepin 4th Judicial District Prosecutor File No. 22A11868 Court File No. 27-CR-22-22985 State of Minnesota, COMPLAINT Plaintiff, Warrant vs. ABDIQANI AHMED HASSAN DOB: 04/05/1998 NPA Minneapolis, MN 55407 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: Damage to Property - 1st Degree - Value Reduced Over $1000 Minnesota Statute: 609.595.1(4), with reference to: 609.595.1 Maximum Sentence: 5 YEARS AND/OR $10,000 Offense Level: Felony Offense Date (on or about): 10/21/2022 Control #(ICR#): 22250339 Charge Description: That on or about 10/21/2022, in Hennepin County, Minnesota, Abdiqani Ahmed Hassan intentionally caused damage to physical property belonging to Victim, without victim's consent, and such damage reduced the value of the property by more than $1,000 as measured by the cost of repair and/or replacement. 1 ===== PAGE 002/006 ===== 27-CR-22-22985 Filed in District Court STATEMENT OF PROBABLE CAUSE State of Minnesota 11/17/2022 Complainant has investigated the facts and circumstances of this offense and believes the following establishes probable cause: On 10/21/2022, Minneapolis Police officers responded to a call regarding a male damaging a vehicle with a stick in the parking lot of Catholic Charities on 740 E 17th Street in Minneapolis, Hennepin County, Minnesota. Upon arrival, the officers spoke with a witness who pointed to the suspect later identified as ABDIQANI AHMED HASSAN (DOB: 4/5/1998), Defendant herein. The witness informed the officers that he had to mace Defendant in self-defense because Defendant was threatening him with the stick. Defendant was observed with his pants down and was pulling up his underwear. Defendant had his eyes closed. While identifying Defendant, officers learned that Defendant had a felony warrant. Defendant was arrested. There were several dents on the hood of the victim’s vehicle. The total amount for repair was $1,144.74 The State requests a warrant to be issued because Defendant does not have a permanent address. 2 ===== PAGE 003/006 ===== 27-CR-22-22985 Filed in District Court SIGNATURES AND APPROVALS State of Minnesota 11/17/2022 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 Michael Primozich Electronically Signed: Officer 11/17/2022 03:07 PM 350 S 5th St Hennepin County, Minnesota Minneapolis, MN 55415-1389 Badge: 5825 Being authorized to prosecute the offenses charged, I approve this complaint. Prosecuting Attorney Mawerdi Hamid Electronically Signed: Assistant County Attorney 11/15/2022 02:59 PM 300 S 6th St Minneapolis, MN 55487 (612) 348-5550 3 ===== PAGE 004/006 ===== 27-CR-22-22985 Filed in District Court FINDING OF PROBABLE CAUSE State of Minnesota 11/17/2022 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 as directed in the Notice of Hearing before the above-named court to answer this complaint. IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued. X 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 promptly 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 X Execute Nationwide Execute 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: $3,000.00 Conditions of Release: This complaint, duly subscribed and sworn to or signed under penalty of perjury, is issued by the undersigned Judicial Officer as of the following date: November 17, 2022. Judicial Officer Peter A Cahill Electronically Signed: 11/17/2022 03:08 PM Judge of District Court Sworn testimony has been given before the Judicial Officer by the following witnesses: COUNTY OF HENNEPIN STATE OF MINNESOTA State of Minnesota Plaintiff LAW ENFORCEMENT OFFICER RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this Warrant vs. upon the Defendant herein named. Signature of Authorized Service Agent: Abdiqani Ahmed Hassan Defendant 4 ===== PAGE 005/006 ===== 27-CR-22-22985 Filed in District Court DEFENDANT FACT SHEET State of Minnesota 11/17/2022 Name: Abdiqani Ahmed Hassan DOB: 04/05/1998 Address: NPA Minneapolis, MN 55407 Alias Names/DOB: ABDIQUANI HASSAN DOB: ABDIQAR AHMED HASSAN DOB: 4/5/1998 AHMED HASSAN ABDI DOB: 4/5/1998 ABDIGANI AHMED HASSAN DOB: 4/5/1998 Abdi Qani Ahmed Hassan DOB: 4/5/1998 SID: MN12FE3582 Height: Weight: Eye Color: Hair Color: Gender: MALE Race: Black Fingerprints Required per Statute: Yes Fingerprint match to Criminal History Record: Yes Driver's License #: SILS Person ID #: 731599 SILS Tracking No. 3303141 Case Scheduling Information: 27-CR-22-18859 Alcohol Concentration: 5 ===== PAGE 006/006 ===== 27-CR-22-22985 Filed in District Court STATUTE AND OFFENSE GRID State of Minnesota 11/17/2022 Cnt Statute Offense Statute Nbrs and Descriptions Offense MOC GOC Controlling Case Nbr Type Date(s) Level Agencies Numbers 1 Charge 10/21/2022 609.595.1(4) Felony P1119 MN0271100 22250339 Damage to Property - 1st Degree - Value Reduced Over $1000 Penalty 10/21/2022 609.595.1 Felony P1119 MN0271100 22250339 Damage to Property-1st Degree 6 ===== DOC: MCRO_27-CR-22-22985_Findings and Order_2022-11-30_20240429164049.pdf ===== --- meta case_number: 27-CR-22-22985 defendant: ABDIQANI AHMED HASSAN filing_type: Findings and Order filing_date: 2022-11-30 pages: 004 --- end meta ===== PAGE 001/004 ===== Filed in District Court State of Minnesota Nov 30, 2022 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CRIMINAL DIVISION State of Minnesota, ) FINDINGS OF FACT, ) CONCLUSIONS OF LAW Plaintiff, ) AND ORDER REGARDING ) COMPETENCY vs. ) ) MNCIS No: 27-CR-22-22985; Abdiqani Ahmed Hassan, ) 27-CR-22-18859; ) 27-CR-21-23132; Defendant. ) 27-CR-21-3355 This matter came before the undersigned Judge on November 29, 2022. Mawerdi Hamid, Assistant Hennepin County Attorney, represented the plaintiff. Defendant, who was in custody, was represented by Bernice Hodge, Assistant Hennepin County Public Defender. Parties agreed to waive their appearances. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 04/05/1998), was charged in MNCIS file 27-CR-22- 22985 with Damage to Property-1st (Felony) arising from an incident alleged to have occurred on 10/21/22; in MNCIS file 27-CR-22-18859 with Drugs-5th (Felony) arising from an incident alleged to have occurred on 09/16/22; in MNCIS file 27-CR-21-23132 with Trespass (GMD) arising from an incident alleged to have occurred on 12/15/21; and in MNCIS file 27-CR-21-3355 with Trespass (GMD) arising from an incident alleged to have occurred on 02/16/21. On 11/18/22, Judge Scoggin found probable cause to believe that the offenses were committed and that Defendant committed them. ===== PAGE 002/004 ===== 2. On 11/18/22, Judge Scoggin ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. 3. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Amy Crockford, Psy.D., LP, Psychological Services of Hennepin County District Court opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case, including but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten days of the date of service. Mawerdi Hamid, Assistant Hennepin County Attorney; Heidi Johnston, Minneapolis City Attorney; Bernice Hodge, Assistant Hennepin County Public Defender 3. Defendant is currently under civil commitment in file 27-MH-PR-22-899 so no new referral to PSP will be ordered. 2 ===== PAGE 003/004 ===== 4. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 5. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 6. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 7. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 8. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no 3 ===== PAGE 004/004 ===== hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 9. In the event the Fourth Judicial District Court – Mental Health Division does not commit the defendant, then the defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 10. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is 05/30/23. One week prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: 11. Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Bernice Hodge, Assistant Hennepin County Public Defender; c. Assistant Hennepin County Attorney’s Office – Adult Services Division [if a commitment is ordered]; d. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. BY THE COURT: DATED: November 30, 2022 ______________________________ Lisa K. Janzen Judge of District Court Fourth Judicial District 4 ===== DOC: MCRO_27-CR-23-2480_Finding of Incompetency and Order_2024-04-04_20240430072631.pdf ===== --- meta case_number: 27-CR-23-2480 defendant: Sandra Vongsaphay filing_type: Finding of Incompetency and Order filing_date: 2024-04-04 pages: 005 --- end meta ===== PAGE 001/005 ===== Filed in District Court State of Minnesota Apr 04, 2024 3:53 pm STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN CRIMINAL DIVISION Court File No. 27-CR-21-5142; 27-CR-22- State of Minnesota, 18824; 27-CR-23-2480; 27-CR-23-16937 Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW vs. AND ORDER REGARDING COMPETENCY Sandra Vongsaphay, Defendant. This matter came before the undersigned Judge of District Court on April 2, 2024. The hearing was held remotely using the Zoom internet platform. Tom Arneson, Assistant Hennepin County Attorney, represented the plaintiff. Defendant appeared in custody and was represented by Christine Irfanullah, Assistant Hennepin County Defender. Based on all the files, records and proceedings in this case, the Court makes the following: FINDINGS OF FACT 1. Defendant (date of birth 01/01/1981), was charged in MNCIS file 27-CR-21-5142 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on January 26, 2021; in MNCIS file 27-CR-22-18824 with Drugs – 5th Degree (Felony) arising from an incident alleged to have occurred on September 19, 2022; in MNCIS file 27-CR-23-2480 with Burglary – 2nd Degree (Felony) and Financial Transaction Card Fraud – Use – No Consent (Gross Misdemeanor) arising from an incident alleged to have occurred on January 30, 2023; and in MNCIS file 27-CR-23-16937 with Drugs – 5th Degree (Felony) and Theft (Misdemeanor) arising from an incident alleged to have occurred on August 8, 2023. In the former case, on September 21, 2022, Judge Luis Bartolomei found probable cause to believe that the offense was committed and that Defendant committed it. 2. On February 27, 2024, Judge Mark Kappelhoff ordered that Defendant undergo an evaluation to assess Defendant’s competency to proceed in this matter pursuant to Minn.R.Crim.P. 20.01. ===== PAGE 002/005 ===== 3. Dr. Amanda Powers, Psy.D., LP, Psychological Services of Hennepin County District Court, reviewed Defendant’s records, interviewed Defendant, and filed a written report with this Court. 4. Dr. Amanda Powers, Psy.D., LP, Psychological Services of Hennepin County District Court, opined that Defendant, due to mental illness or cognitive impairment, lacks the ability to rationally consult with counsel; or lacks the ability to understand the proceedings or participate in the defense. This opinion was uncontested by either party. CONCLUSIONS OF LAW Defendant is presently incompetent to stand trial. The misdemeanor charge must be dismissed pursuant to Rule 20.01. ORDER 1. The criminal proceedings in this matter are suspended until Defendant is restored to competency to proceed. While suspended, the criminal court retains authority over the criminal case including, but not limited to, bail or conditions of release. 2. Copies of this Order shall be served upon counsel for the parties and any objections to this Order shall be filed with the Court within ten (10) days of the date of service. Mawerdi Hamid, Assistant Hennepin County Attorney – Criminal Division; Thomas Manewitz, Assistant Hennepin County Attorney – Criminal Division; Christine Irfanullah, Assistant Hennepin County Public Defender 3. The Hennepin County Prepetition Screening Program (PSP) must conduct a prepetition screening pursuant to the Minnesota Commitment and Treatment Act and make a recommendation as to whether the defendant should be civilly committed under the Act. 4. PSP shall investigate whether civil commitment should be pursued and forward a recommendation in a written report supporting or not supporting civil commitment to the Hennepin County Attorney’s Office – Adult Services Division (“HCAO-ASD”) within five (5) days of receiving this Order. 5. Prepetition Screening shall provide copies of the Rule 20 Competency Evaluation, the criminal Complaint(s), and the underlying police report(s) along with its written recommendation to the Hennepin County Attorney’s Office – Adult Services Division. 2 ===== PAGE 003/005 ===== 6. Defendant is ordered to cooperate with the civil commitment process including appearing at all court appearances in the civil and criminal cases. 7. Members of PSP shall have access to all Defendant’s files and records, including those protected by Federal regulation or law. This Order grants the members of PSP access to the records of any individual or entity that has provided observation, evaluation, diagnosis, care, treatment, or confinement of the Defendant. This Order applies to, but is not limited to, records maintained by: Minnesota Fourth Judicial District Court Psychological Services; chemical dependency evaluators and treatment providers; health clinics; medical centers and hospitals; physicians; psychologists; mental health care providers; case managers; parole and probation agencies; residential and nonresidential community mental health treatment facilities or programs; regional treatment centers; the Minnesota Department of Corrections; the correctional authority for any other state; schools and school districts; law enforcement agencies; and the Court’s own records. 8. This Order also authorizes employees or officers of the record keepers described above to discuss the Defendant’s condition, history, treatment, and/or status with the members of PSP. Information collected by PSP pursuant to this Order shall be considered private data on the Defendant, but it may be included in the written report produced by PSP and forwarded to the HCAO-ASD. 9. If the Fourth Judicial District Court – Probate/Mental Health Division finds the Defendant to be mentally ill, developmentally disabled, chemically dependent, or mentally ill and dangerous to the public, the Defendant may be committed directly to an appropriate safe and secure facility. The Hennepin County Sheriff shall transport the Defendant from the Hennepin County Adult Detention Center to the custody of the head of the facility named in the order for civil commitment when notified that placement is available for the Defendant. 10. The head of the treatment facility shall submit a written report addressing the Defendant’s competency to proceed in the criminal case when the Defendant has attained competency, or at least every six months. 11. Psychological Services of Hennepin County District Court, or the Department of Human Services Forensic Evaluation Department if the defendant is civilly committed, shall have access to Defendant's treatment records to prepare the required report(s) on the defendant’s mental condition with an opinion as to competency to proceed. By presentation of a copy of 3 ===== PAGE 004/005 ===== this order, whether mailed, sent electronically, discussed verbally, or personally delivered, the custodian of records for any agency, department, or health care provider shall release all information and/or records related to Defendant, including medical, psychological, behavioral, social service, probation/correctional, developmental disability, military, Social Security, employment, and educational records, to the agency requesting the records within 72 hours. This Order shall be sufficient to require an agency, department, entity, or health care provider to release the requested information and/or records related to treatment Defendant has received in connection with that facility. Any of the defendant’s records released pursuant to this order may not be disclosed to any other person without court authorization or Defendant's signed consent. 12. The criminal conditions of release remain in effect until placement at an appropriate facility can occur. 13. If Defendant is not subject to the provisions of Minn. Stat. § 253B.18, the head of the treatment facility shall hold Defendant safe and secure under the civil commitment, and shall not permit the Defendant’s release, institutional transfer, partial institutionalization status, discharge, or provisional discharge of the civil commitment until the Fourth Judicial District Court – Criminal Division has ordered conditions of release consistent with the proposed change in status. Any proposed change in status under the civil commitment requiring amended conditions of release shall be made in writing to the Fourth Judicial District Court – Criminal Division and parties at least 14 days prior to proposed change in status. The written proposal shall address the following issues 1) whether the Defendant is competent to proceed; 2) how the proposed plan will meet the Defendant’s treatment needs; and 3) public safety risks and how they will be addressed. Either party may request a hearing to address the proposed changes to the conditions of release. If no hearing is requested, the court may issue an order amending the conditions of release consistent with the proposed change in status in the civil commitment matter. 14. In the event the Fourth Judicial District Court – Mental Health Division does not commit the Defendant, then the Defendant shall be transported in secure custody back to the Fourth Judicial District Court – Criminal Division for further proceedings herein. 15. Defendant’s next appearance in Hennepin County District Court – Criminal Division on this matter and status review of Defendant’s competence to proceed is October 1, 2024. One week 4 ===== PAGE 005/005 ===== prior to that date, reports regarding Defendant’s competency and mental status shall be e-filed and e-served to: a. Fourth Judicial District Court – 4thCriminalRule20 email list; b. Christine Irfanullah, Assistant Hennepin County Public Defender; c. Mawerdi Hamid, Assistant Hennepin County Attorney; d. Thomas Manewitz, Assistant Hennepin County Attorney; e. Assistant Hennepin County Attorney’s Office – Adult Services Division (if a commitment is ordered); f. The Commitment Defense Panel attorney appointed to represent Defendant by the Fourth Judicial District Court – Probate/Mental Health Division. 16. A copy of this Order, the Rule 20.01 Competency Evaluation, the criminal complaint(s), and the underlying police report(s) shall be delivered via email to the Prepetition Screening Program of Hennepin County’s Human Services and Public Health Department. BY THE COURT: Dated: April 4, 2024 Judge of District Court 5