Probable Cause Affidavit
By executing this affidavit, affiant is reporting that the named individual has committed a criminal offense.Download
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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.Relevant article from our knowledge database
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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.