The Complainant having reviewed the applicable reports believes the following facts to be true: On July 31, 2025, at approximately 6:29 AM, officers with the Metro Transit Police Department responded to the Sunray Transit Center in the City of St. Paul, Ramsey County, on a report from a bus driver of a bag left at the center with a firearm inside. Officers spoke with the driver, S. D. T., fully identified in police reports, who stated that she noticed an unattended bag on the bus bench outside of Gate A. S. D. T. Recovered the bag and looked inside, noticing two cell phones and a black handgun.
S. D. T. Then secured the bag and called for police assistance. Officers retrieved the bag and looked inside, where they located a 9mm Ruger EC9S (SN 456-21015). The firearm was loaded with one bullet in the chamber and two in the magazine. Officers confirmed the firearm as stolen out of Ramsey County. Officers also located a MN state identification card for GARY ANTHONY SMITH, JR [DOB REDACTED], Defendant herein. RTIC reviewed camera footage from the area and located a male party leaving the bag on the bus bench in the early morning hours of July 31. Officers compared the party to Defendant's photo and found that they matched.
Investigators took swabs from the firearm for purposes of DNA testing. Officers located the owner of the firearm and the owner submitted to voluntary DNA swabs for elimination samples. Upon reviewing Defendant's history, officers noticed he had an active warrant in Court File No. 82-CR-21-2797. Officers also found that Defendant had given a DNA sample as part of that matter, so his DNA was already available. Samples were sent to the Bureau of Criminal Apprehension for testing. That testing revealed that DNA on the firearm matched Defendant's DNA. At the time of the incident, Defendant did not have a permit to carry a firearm in public.
Defendant also has a conviction for Theft (Value between $1,001 and $5,000) entered November 23, 2022 and a conviction for Violation of DANCO within Ten Years of the First of Two or More Convictions entered June 15, 2022, both of which have maximum penalties exceeding one year imprisonment.
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