Victor Cruz appeared in Watonwan County Court on Tuesday where he plead guilty to one Gross Misdemeanor count of Assault in the 5th Degree.
According to the complaint filed in Watonwan County Court, on June 4 2018, St. James Police Officer Jonathan LeClaire investigated a report of someone brandishing a gun. He spoke to Victim 1 and learned the following:
Victim 1 was taking her children out of her car at a residence in St. James, Watonwan County, Minnesota, when she heard a noise behind her that sounded like a BB gun shooting. She turned around and observed a truck with a distinctive paint job driving past her. She recognized the driver as Defendant Victor Anthony Cruz. She observed the Defendant to be holding a handgun and it was pointed at her. He was pointing it out the passenger side window, across the chest of the passenger in the vehicle. She heard a “poof” sound, as if the trigger was being pulled, but did not hear any BBs or bullets striking anything around her.
Officer LeClaire located the truck at Memorial Park. Defendant was in the driver’s seat and he agreed to allow Officer LeClaire to search the vehicle. No weapon was found, but Officer LeClaire did locate a wooden pipe with burnt marijuana on it.
A short time later, Officer LeClaire received a tip that there was a video of the firearm in the truck. He watched the video which shows his squad car leaving the scene and then shows a firearm in a compartment under the center console of the truck.
Officer LeClaire searched the truck again and located the firearm, which was a black XBG 4.5 mm BB gun. It was located in the compartment where the video showed it would be. He also located another pipe with burnt marijuana on it, a gold and black grinder, a scale, and a brown rolled paper with a green, leafy substance that later field tested positive for marijuana. The marijuana weighed 3.36 grams.
Defendant was arrested.
Defendant’s driver’s license status is revoked.
Defendant has a 2016 delinquency adjudication for 5th Degree Assault in Watonwan County.
Cruz was originally charged with multiple charges including one Felony count of
Assault-2nd Degree-Dangerous Weapon
During the hearing Cruz was granted release without posting bail if he followed the following conditions.
- Do not enter victim's residence
- Do not leave Minnesota without written court approval
- Keep court/attorney informed of current address
- No contact with victim(s)
- No contact with witness(es)
- Random testing
- Remain law-abiding
- Make all future court appearances
- Submit to Initial/Base UA
- Make and maintain contact with attorney
- Do Not Enter Bars or Liquor Stores
- No use or possession of firearms or dangerous weapons
- Pay bail with conditions
- Do not enter or call victim's place of employment
- Post Bail without conditions
- No alcohol/controlled substance use
- No possession of alcohol or drugs
Cruz is scheduled to appear in court next on July 31.