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5 Aug 2013 ... ALLEN, aiding and abetting and being aided and abetted by another, did ... Your complainant is an investigator with the St. Paul Police ...
Aaron William Allen

Co. Atty. Complaint No.: 2123807-1

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STATE OF MINNESOTA

DISTRICT COURT

COUNTY OF RAMSEY

SECOND JUDICIAL DISTRICT COURT FILE NO.: _____________ PROSECUTOR FILE NO.: 2123807

State of Minnesota, Plaintiff,

v. Aaron William Allen (DOB: 03/18/1988) 707 12th Ave. S South St. Paul, MN 55075,

FELONY CRIMINAL COMPLAINT Summons Warrant Order of Detention Amended Certified Juvenile EJJ

Defendant. Co-Defendant(s):

Heather Leann Schwarz

Co. Atty. File No.:

2123808

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 5th day of August, 2013, in Ramsey County, Minnesota, the defendant, AARON WILLIAM ALLEN, aiding and abetting and being aided and abetted by another, did unlawfully with intent to cause the death of Brandon James Horst dob: 2/14/88. Said acts constituting the offense of Murder in the Second Degree in violation of MN Statute: §609.19.1(1); 609.05.1 Maximum Sentence: 40 years. COUNT 2 On or about the 5th day of August, 2013, in Ramsey County, Minnesota, the defendant, AARON WILLIAM ALLEN, did unlawfully conspire with another to commit the felony of Murder in the Second Degree and the defendant or one or more of the other parties to the conspiracy did an overt act in furtherance of the conspiracy. Said acts constituting the offense of Conspiracy to Commit a Felony in violation of MN Statute: §609.19.1(1); 609.175.2(3) Maximum Sentence: 20 years. V. 8/07

Aaron William Allen

Co. Atty. Complaint No.: 2123807-1

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STATEMENT OF PROBABLE CAUSE The Complainant states that the following facts establish probable cause: Your complainant is an investigator with the St. Paul Police Department and bases this complaint on a review of reports and upon his own investigation. On July 16, 2013, at 11:45 pm, HEATHER LEANN HORST (DOB: 1-31-1989) called 911 and reported that she heard a door open and close in the downstairs of her home located at 468 Bellows Street, Saint Paul, Ramsey County. Heather Horst’s three dogs barked and she heard someone walking around downstairs, but she did not see anyone in the house. She fled the residence and waited for police outside of her home as the power was out. Officers arrived and searched Heather Horst’s home. The house was clear and no one was found inside the home. Officers stationed outside the home could hear the dogs barking inside. Heather Horst told officers that her husband must have left the door unlocked when he went to work. Officers saw a Smith & Wesson Sigma 9 mm semiautomatic handgun on a computer desk in plain sight in one of the bedrooms. The handgun was dirty and hadn’t been cleaned for some time after being heavily fired. On August 5, 2013 at 1:11 am, Heather Horst called 911 and reported that her husband was in bed with a lot of blood coming from his head. She repeatedly said she did not know what happened. Heather Horst told the operator that there was no sign of anything suspicious, but the door was unlocked when she got home. Paramedics responded and found the victim, Brandon James Horst (DOB: 2-14-1988), in the upstairs bedroom with a single gunshot wound to the head. He was lying on his stomach with his left arm beneath his head. He was wearing plastic glasses that were resting on his forehead. Brandon Horst was pronounced dead at 1:19 am. Police officers responded to the scene shortly after the paramedics. While conducting a preliminary investigation, no firearms were found in the area where Horst had been shot. A single 9 mm casing, however, was found on the bed. Officers obtained a search warrant for the home and recovered evidence. The home was filled with garbage and dirty, but there were no signs of a robbery or a burglary as it had not been ransacked. The first floor was dimly lit and very few lights were on or working. A rifle was undisturbed on the dining room floor and other electronic items were around the home. Despite it having rained, officers noted no muddy human footprints in the home. Two dogs barked loudly as officers searched the home; the barking could be heard upstairs. Officers arriving on the scene spoke to Heather Horst and her friend, AP, who was with her. AP was Brandon Horst’s step-sister and she had become friends with Heather Horst. Heather Horst said she and Brandon Horst had been arguing for several days about her husband’s proposition that they have an open relationship. Heather Horst told police that both she and Brandon Horst had other partners lined up and the arrangement was acceptable to her. She said they argued around noon and her husband eventually went to work at 2:00 pm on August 4, 2013. Brandon Horst returned home at 10:30 pm after working his second job and they made up. Heather Horst took the truck and picked up AP. Heather Horst was unable to recall when she arrived, but AP quickly commented, “But she got there at 11:30!” Heather Horst said they arrived home around 1:10 pm and they didn’t notice anything suspicious at the time. She said the front door was open and unlocked but that wasn’t uncommon V. 8/07

Aaron William Allen

Co. Atty. Complaint No.: 2123807-1

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when her husband was home. Heather Horst went upstairs to “crawl into bed” with Brandon Horst when she noticed a large amount of blood around his head so she called 911. Heather Horst said there was a pistol in the home that was located in the wine cabinet in the dining room. She led police there and opened the drawer to discover the gun was missing. She couldn’t recall the make, model, or serial number of the missing handgun. AP and Heather Horst were transported downtown for further interviews. AP told police that she called Heather Horst at 11:55 pm. Heather Horst arrived and picked AP up at 12:15 am, and they went to Walgreens. They then went back to Heather Horst’s house where the two women planned on watching a movie with Brandon Horst. When they arrived, “strangely enough” both front and back doors were unlocked and Brandon Horst was upstairs. Heather Horst went upstairs to wake him and then freaked out. She told AP that Brandon Horst killed himself because of her and their earlier argument. AP said the lights were on upstairs, but the living room lights were off. Heather Horst provided a voluntary interview and described her relationship with Brandon Horst as tumultuous and she said he has assaulted her in the past. She said they argued in the morning but they made up before he went to work and everything was fine. She went to AP’s home while he was at work and returned home before Brandon Horst came home from work. They smoked and talked and had a nice time. Brandon Horst had to work at 6:00 am the next morning so Heather Horst wanted him to get a good night’s sleep. They cuddled in bed and Brandon Horst was already falling asleep when AP called saying she had argued with Allen. Because AP had been there for her, Heather Horst went to pick up AP. They went to Walgreens to get some Melatonin for Heather Horst to sleep. They got home and she used the bathroom. She went upstairs to tell Brandon Horst that AP was there and thinking about staying overnight. When she entered the room she saw Brandon Horst wasn’t breathing, she noticed his skin color, and she saw all the blood. She called 911 right away. Heather Horst denied being present when her husband was murdered. She denied shooting him or having someone else shoot her husband. She did not know where her gun was and she hadn’t seen it for about a week. When pressed on factual inconsistencies, Heather Horst eventually requested a lawyer. Her cell phone was recovered and she was allowed to leave the interview. Officer Conrad transported Heather Horst and AP to South Saint Paul after their interviews were finished. En route, Heather Horst spoke to her mother on the phone and said, “They think it’s my pistol because we can’t find my pistol.” She never cried and once sounded as if she was trying to force emotion when telling her mother, “I am grieving my husband.” On August 5, 2013, at 1:55 pm, Heather Horst walked into the downtown building where Brandon Horst’s stepmother, HH, worked. Heather Horst told HH in a very matter of fact manner, “I’m real sorry to see you, but Brandon’s dead. [AP] and I found him.” HH said Heather Horst’s demeanor was bizarre and cold. Heather Horst said she found the body and the police questioned them for hours; she said she was a “prime suspect” and her gun was missing from the house. She told HH that she had already met with an attorney. HH told Heather Horst to come to their home as soon as possible so they could talk. Heather Horst stayed for a brief minute and then left as quickly as she came. Heather Horst never stopped by her mother-in-law’s home or called to discuss what had happened.

V. 8/07

Aaron William Allen

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Further investigation revealed that AP called Heather Horst at 11:55 pm on August 4, 2013. Heather Horst drove and got AP at her apartment located at 707 Twelfth Avenue South, South Saint Paul. The two women drove to the Walgreens located at 1133 South Robert Street, West Saint Paul. Surveillance video showed that they arrived in the parking lot at 12:18 am, shopped for a while, and then left parking lot at approximately 12:37 am. On August 6, 2013, police interviewed AP at her home. AP told police that Heather Horst took a home pregnancy test about two weeks ago and learned she was pregnant. Heather Horst was not happy about the situation according to AP. Heather Horst also told AP that she had spinal cancer, but her treatment was going well. AP again told police that she called Heather Horst at 11:55 pm on August 4, 2013. AP’s fiancé, AARON WILLIAM ALLEN (DOB: 3-18-1988), was just returning home from a walk when Heather Horst arrived. The two women went to Walgreens and then to Heather Horst’s house. They never stopped anywhere else during their travels. Both women went to the restroom when they got to the home and Heather Horst used it first. AP then heard Heather Horst screaming and she went upstairs to help her friend. Officers also spoke to Allen. He also related the stories about Heather Horst’s pregnancy and cancer. Allen said he found the pregnancy story “sketchy.” Allen said he may have been home when AP called Heather Horst but he went for a walk and wasn’t sure. Allen said the two women left at around 12:15 am and it takes between 10 – 15 minutes to get to the Horst house from their apartment. Allen told officers they could call him any time because he always has his phone with him. On August 8, 2013, the contents of Heather Horst’s cell phone were analyzed. Police recovered five text messages between Heather Horst and Allen shortly after midnight on August 5, 2013 that had been deleted from her phone:     

At 12:06 am, Allen texted Heather Horst, “You gitta hurry.” At 12:08 am, Heather Horst texted back, “On my way.” At 12:10 am, Allen texted Heather Horst, “Ivthink I just heard talking.” At 12:15 am, Allen texted Heather Horst, “He is stillvawake.” At 12:17 am, Allen texted Heather Horst, “And tyler won’t shut up there is a tv on upstairs.”

Tyler was identified as one of the barking dogs living at the Horst household. On August 9, 2013, officers executed a search warrant on the apartment where Allen and AP lived together. Officers spoke to their roommate, ZP, at that time. ZP said Heather Horst came over to their apartment on August 4, 2013 upset over having lost the baby. AP, Allen, and Heather Horst went into a bedroom and talked. Later, ZP heard Heather Horst say her husband abused her and the only way she could leave their marriage or be free from him was if he was dead or died. Heather Horst said that if she left, her husband would hunt her down so the only way she could be free was if he were dead. ZP said Heather Horst came and went that day which isn’t unusual. ZP could not recall when Allen left the apartment, but ZP told police that Allen came home out of breath around 1:00 am on August 5, 2013. Later that morning police brought Heather Horst and AP back to the apartment. Heather Horst used a phone book to look for a lawyer because of the way the police questioned her.

V. 8/07

Aaron William Allen

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ZP said Heather Horst had been to their apartment a few times since that day. ZP heard Heather Horst talk about a life insurance policy and she said she was the sole beneficiary. Heather Horst told Allen and AP that she was going to give them some money when she got it for being supportive and being family. While executing the warrant in South Saint Paul, officers learned that a Hi-Point 9 mm handgun and a box of ammunition had been recovered inside a black backpack at the Frisbee golf park at nearby Kaposia Park. Believing the gun could be involved in Brandon Horst’s murder, officers obtained the gun from South Saint Paul Police and placed it in the property room. On August 9, 2013, AP again agreed to come to police headquarters to again go over the incident and receive an update on the case. AP finally told officers what happened. On the morning of August 4, 2013, Heather Horst came to AP and Allen’s apartment and said, “I want him dead.” She explained that she and Brandon Horst had been arguing a lot over the past few days and she could no longer take it. Heather Horst told Allen that she wanted to make it look like someone broke into the house. AP didn’t think Heather Horst was serious. Later that night, Heather Horst picked up Allen and they left around 10:30 pm. They went to 468 Bellows Street. AP called Heather Horst at 11:55 pm to see what was going on and what the other two were doing. Heather Horst left Allen at her home and drove to pick up AP at her apartment and they went shopping. Heather Horst sped as she drove and AP began to be suspicious. After they left Walgreens, the two women went to 468 Bellows Street. Heather Horst told AP they had to pick Allen up at the end of the block. She didn’t answer AP when asked why. They located Allen standing a block away from the home with a black backpack. They drove to South Saint Paul and stopped at Kaposia Park near the Frisbee golf area. Allen got out with the backpack and said, “Wait here. I’ll be right back,” and he took off in a fast walk pace which was unlike him. When Allen returned the backpack was no longer with him. Heather Horst told AP that she left the gun for Allen on the dining room table, and Allen then waited in the basement for Brandon Horst to fall asleep. Allen told AP that he maybe took “one or two shots to the head”, he wasn’t sure. Allen told AP he thought he heard sirens and cops so he began to walk away from the house. Heather Horst told AP that she had removed the SIM card from her phone and broken it into little pieces so the police couldn’t recover texts from it. AP was afraid to come forward and tell police the truth, and she was afraid of losing her fiancé, Allen. AP was unaware of the plan until she was caught up in the middle of it and put the pieces together. Heather Horst was arrested on August 9, 2013. She was not interviewed as she had earlier indicated that she would not answer questions without an attorney. Allen was advised of his constitutional rights and agreed to speak to police. Allen said Heather Horst is like a sister to him and he considers her family. Allen admitted he knows how to use a handgun and said he has past experience with handguns. Allen said that Heather and Brandon Horst have three dogs and one of the dogs is named Tyler. When confronted and asked how it was that his cell phone was in the area of 468 on the night of the murder, Allen replied, “I don’t know,” several times. Allen when confronted further asked for an attorney. During the execution of the search warrant at 468 Bellows Street officers recovered used items from a pregnancy test kit. The result showed that whoever had taken the test was not pregnant. V. 8/07

Aaron William Allen

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Brandon Horst had a military life insurance policy in the amount of $400,000. He had another $80,000 life insurance policy from the federal government because his position as a Federal Technician. Heather Horst was the sole beneficiary on these policies. Doctor Michael McGee conducted an autopsy on Brandon Horst. The manner of death was homicide and the cause of his death was a cerebral laceration and destruction due to a gunshot wound to the head. During the search warrant at the home, officers recovered the gun case for Heather Horst’s Smith & Wesson. Inside the case was a test fire casing. The casing was submitted to the Minnesota Bureau of Criminal Apprehension for further analysis. On August 12, 2013, the BCA informed the Saint Paul Police Department that the casing found by Brandon Horst’s body had been fired by the same weapon that fired the casing located in Heather Horst’s gun case. Allen has a prior felony terroristic threats conviction. In that case Allen fondled a girl as she slept and then pointed a knife at her threatening her if she told anyone what he had done.

V. 8/07

Aaron William Allen

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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 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:

COMPLAINANT’S SIGNATURE:

Jake Peterson

____________________________________

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: 08/12/2013

PROSECUTING ATTORNEY’S SIGNATURE: ____________________________________ Name: Derek Fitch Assistant Ramsey County Attorney 345 Wabasha Street North, Suite 120 St. Paul, MN 55102 651-266-3222/jh Attorney Registration #328339

V. 8/07

Aaron William Allen

Co. Atty. Complaint No.: 2123807-1

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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, 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.

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: $1,000,000.00 Conditions of Release: No contact with Angela Penoncello. 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 Clerk’s Signature or File Stamp:

STATE OF MINNESOTA STATE OF MINNESOTA Plaintiff, vs. AARON WILLIAM ALLEN 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: _________________________________

V. 8/07

Aaron William Allen

Co. Atty. Complaint No.: 2123807-1

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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

V. 8/07

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Aaron William Allen

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DEFENDANT DATA / CHARGE SHEET – ATTACHMENT A

DEFENDANT NAME: AARON WILLIAM ALLEN

DOB: 03/18/1988

Defendant alias name(s):

Alias DOB(s):

Defendant last known address:

707 12th Ave. S South St. Paul, MN 55075

State ID: Fingerprint ID: FBI ID: St. Paul PD ID: Offender ID:

MN06130699 250763 643768NC3

OTHER DEFENDANT / CASE IDENTIFIERS: Fingerprinted?

No

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):

Yes Yes (Issuing Agency:

)

Issuing State: Issuing State: Property Damage Fatality

V. 8/07

Aaron William Allen

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FELONY WARRANT AND ORDER OF DETENTION COMPLAINT CT OFFENSE STATUTE STATUTE NO DATE TYPE NBR

1 08/05/2013

Charge

609.19.1(1)

Definition 609.05.1 2 08/05/2013

Charge

609.19.1(1)

Penalty

609.175.2(3)

STATUTE DESCRIPTION

OFFENSE LEVEL

MOC

Murder - 2nd Degree With Intent-Not Premeditated Liability for Crimes of Another-Intentional

F

H2H12

X St. Paul Police Dept. ORI - MN0620900 CN - 13164566 Charging

Murder - 2nd Degree With Intent-Not Premeditated Conspiracy to Commit Felony - Penalty 1/2 of Intended Crime

F

H2H12

C St. Paul Police Dept. ORI - MN0620900 CN - 13164566 Charging

V. 8/07

G O C

AGENCY ORI CN NBR FUNCTION