On 04/03/26, at approximately 1753 hours, Ofc. Tol was dispatched to a residence in Moorhead, Clay County, MN regarding an assault. Complainant indicated that people were fighting in the basement of the residence and that the primary aggressor was FREDY EBARISTO GILL [DOB REDACTED], hereinafter referred to as Defendant. When police arrived, they made contact with a male whose initials are F. O., who indicated that he had arrived at the residence 5-10 minutes earlier to help his friend move out of the residence.
He identified his friend to be a 16-year-old minor female, hereinafter referred to as Victim. F. O. Explained that the Victim had been living with the Defendant because they were in a dating relationship. F. O. Went downstairs into the basement of the residence to help the Victim move her property and he saw the Defendant pinning down the Victim [NAME REDACTED]. F. O. Explained that the Defendant had grabbed the Victim by both of her arms near her wrist and was holding her down on the bed. The Victim [NAME REDACTED] at the Defendant to get off of her.
F. O. Attempted to get the Defendant off the Victim by grabbing the Defendant's arms. The Defendant then pushed F. O. In the chest with both hands onto the ground. Defendant then stood over F. O. And punched him three times with a closed fist on side of his face. Law enforcement observed bruising consistent with this statement. F. O. Explained that he was able to block the third strike by the Defendant and that is when the Defendant's mother came downstairs and pushed the Defendant off of F. O. Police were called shortly thereafter, and the Defendant left the residence before law enforcement arrived on scene.
Law enforcement also spoke to the Victim. She was visibly upset and crying, but she confirmed that she was in a dating relationship with the Defendant. She explained that the two of them began arguing. Victim told the Defendant that she wanted to just leave the residence without taking her property, and that her sister was on her way to pick her up. The Defendant then told the Victim [NAME REDACTED] wasn't allowed to leave and began physically restraining. Victim [NAME REDACTED] was physically restrained on the ground by the Defendant for approximately two minutes before she was able to get him off of her.
Once she got on her feet, the Defendant pushed her backward onto the bed, got on top of her, and continued to restrain her arms so she couldn't get away. She indicated that this was happening for approximately three minutes before F. O. Pushed the Defendant off of her. Witnesses in the residence at the time confirmed that the Victim [NAME REDACTED] was happening for the Defendant to get off of her. **This is a DV Court case for scheduling purposes.
