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Probable Cause Affidavit

By executing this affidavit, affiant is reporting that the named individual has committed a criminal offense.Download

Extracted Text for Proper Search

AFFIDAVIT  OF  PROBABLE  CAUSE 
  
STATE OF IOWA, COUNTY OF DES MOINES, SS: 
   
  I, the undersigned, state the following facts know n by me, or told to me by other 
reliable persons, form the basis for my belief that  the Defendant committed this crime: 
 
On  July  18,  2012  at  approximately  1:15a.m.  deputies   were  dispatched  to  6286  108	
th  Ave.  in 
reference  to  a  subject  that  had  entered  the  residen ce  armed  with  a  handgun  and  a  knife. 
Deputies  were  informed  the  suspect  was  a  Michael  Ka rtel  (D.O.B.  12-29-1957),  and  that 
Kartel  had  pointed  the  gun  at  a  resident  and  fired  the  gun  inside  the  residence.  Deputies 
arrived  and  made  contact  with  three  victims  who  wer e  identified  as  Kathryn  Thorne,  Shayla 
Curry, and Michael Miller. Thorne advised deputies  that Kartel knocked on the basement door 
and she answered the door. Thorne observed Kartel s tanding there with a handgun in a leather 
holster  on  his  right  hip  and  a  large  knife  on  his  l eft  hip.  Thorne  advised  Kartel  was  visibly 
upset  and  he  wanted  to  speak  to  Adam  Miller.  Thorne   advised  Adam  was  not  home  and 
advised Kartel he could come in and confirm that Ad am was not there. Thorne advised Kartel 
pulled the handgun from its holster. Thorne advised  the gun was large and was a dark colored 
metal. Thorne advised Kartel repeatedly stated that  Adam Miller had ripped him off and owed 
him  $120.  Thorne  advised  Curry  arrived  at  this  time .  Thorne  stated  Kartel  pointed  the  gun  at 
her head while they were standing within a few feet  of each other. Thorne advised she pushed 
the gun away at one point so it was not pointed at  her head. Thorne advised she went upstairs 
to wake up her boyfriend, Michael Miller, and when  she was on the steps she heard a gunshot.  
 
Shayla Curry advised Kartel came out the basement d oor as she arrived and he was saying the 
name  Adam  Miller  as  he  approached  the  vehicle  she  w as  dropped  off  from.  Curry  advised  it 
appeared  Kartel  was  looking  for  Adam  Miller  and  bel ieved  one  of  the  subjects  that  dropped 
her  off  might  be  Adam  Miller.  She  stated  he  pulled  a  large  survival  knife  out  from  his 
waistline  and  pulled  a  large  framed  revolver  from  a   holster  on  his  side  as  he  confronted  the 
two  subjects  that  dropped  her  off.  She  advised  Kart el  realized  neither  subject  was  Adam 
Miller  and  went  back  inside  the  basement  door.  She  stated  she  walked  into  the  basement  and 
observed  Kartel pointing the  gun  at Thorne’s head.  She advised he was upset and  was stating 
he  wanted  Adam  Miller  because  Adam  ripped  him  off.  Curry  advised  Thorne  went  upstairs 
and Kartel then pointed the  gun in her direction.  C urry  stated he then fired a  round as he was 
pointing the gun to the area right in front of her.  She advised Kartel stated, “Oh shit,” after the 
gun fired. She advised Michael Miller then came to  the basement and advised Kartel to leave.  
 
Michael  Miller  stated  he  came  downstairs  and  observ ed  Michael  Kartel  standing  just  outside 
the  basement  door.  He  advised  he  knows  Michael  Kart el.  Michael  stated  Kartel  had  a  large 
framed revolver in a holster and he advised him to  leave the residence. Michael advised Kartel 
would not leave. He stated Kartel pulled the gun fr om its holster and grabbed him by the arm. 
He  stated  Kartel  escorted  him  back  inside  his  resid ence  with  one  hand  on  his  arm  and  one 
hand on his gun. He advised he did not resist becau se he feared being injured or shot. Michael 
advised Kartel stated he wanted Adam Miller because  Adam ripped him off. Michael stated he 
advised  Curry  and  Thorne  to  call  the  police.  He  the n  observed  Kartel  get  into  a  gold  colored 
Buick Lesabre and leave the residence from the driv eway outside the basement door. 
 
Deputies  found  Michael  Kartel  is  the  registered  own er  of  a  1992  beige  Buick  Lesabre,  Iowa 
license plate #118TNE. His vehicle registration and  Iowa driver’s license show that he lives at 
414  E.  Pennington  St.  in  West  Burlington,  IA.  Des  M oines  County  tax  records  also  show  he

2	 	
owns  414  E.  Pennington  St.  in  West  Burlington,  IA.  Deputies  executed  a  search  warrant  at 
414  E.  Pennington  St.  at  approximately  7:40a.m.  and   Michael  Kartel  was  located  inside  the 
residence.  Deputies  seized  a  9”  fixed  blade  knife,  a  Smith  and Wesson  .22 revolver,  a  leather 
gun  holster,  and  .22  ammunition  from  the  residence.   The  beige  Buick  Lesabre  registered  to 
Kartel  was  parked  inside  the  garage.  Kartel  was  tra nsported  to  the  Des  Moines  County 
Sheriff’s Office for questioning. Kartel was read t he Miranda Warning prior to questioning at 
the Sheriff’s Office. Kartel advised he understood  his rights and stated he made a big mistake 
and  would  be  honest.  Kartel  advised  he  went  to  6286   108	
th  Ave.  on  this  date  to  find  Adam 
Miller because  Adam Miller had stolen $120  from him  on 7-17-2012. He stated he  grabbed  a 
large knife and loaded his .22 revolver and placed  it in a holster prior to driving to the Miller’s 
residence to find Adam Miller. Kartel advised he dr ove his beige Buick Lesabre there, parked 
in  the  driveway  by  the  basement,  and  knocked  on  the   basement  door.  He  stated  a  female 
answered the door  and he stated, “I need to know wh ere  Adam is.” He stated he took the  gun 
out  of  its  holster  and  it  was  in  his  hand  at  this  t ime.  He  advised  the  knife  was  in  his  other 
hand. He stated the female that answered the door a dvised he could come inside. He stated the 
female  advised  Adam  was  not  home.  Kartel  stated  he  had  contact  with  Michael  Miller  and 
two  females  while  inside  the  residence.  He  stated  h e  took  the  gun  and  knife  with  him  so  they 
knew  he  was  serious  about  Adam.  He  advised  he  pulle d  back  the  hammer  on  the  revolver 
making it ready to fire while he was inside the res idence. Kartel advised he was standing over 
the  couch  in  the  basement  when  he  fired  a  round  fro m  the  gun  into  the  couch.  He  stated  this 
was an  accident and it startled him. Kartel advised  he knew he  was wrong by taking a loaded 
gun and a knife to the Miller residence to look for  Adam Miller.  
  
Kartel  was  placed  under  arrest  and  charged  with  two   counts  of  going  armed  with  intent  for 
taking  a  9”  fixed  blade  knife  and  a  loaded  .22  revo lver  to  6286  108	
th  Ave.  to  find  Adam 
Miller.  He  was  charged  with  three  counts  of  aggrava ted  assault  for  display  a  dangerous 
weapon  to  Michael  Miller,  Kathryn  Thorne,  and  Shayl a  Curry.  Kartel  was  transported  to  the 
Des Moines County Jail.
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Penal Code 49.04(a) (A man commits an offense if the person has been intoxicated while operating an automobile in a public spot.) Mention the length of time you have known the individual. Write why you believe the man or woman who is being tried needs to be pardoned. Whoever declares, or claims the simple fact for a truth, is called the affiant.

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