Apple Valley Man Charged with Burglary and Assaulting Officer Following Chaotic Incident
APPLE VALLEY, MINNESOTA – A 48-year-old Apple Valley man faces multiple charges after allegedly breaking into a residence and assaulting a peace officer. Xavier Martinez Avila, 48, of Apple Valley, has been charged with second-degree burglary, a felony, and fourth-degree assault on a peace officer, a gross misdemeanor, following a series of events that took place on October 21, 2024.
Incident Details
According to the criminal complaint from the Dakota County Attorney’s Office, officers from the Apple Valley Police Department were dispatched around 6:50 PM on October 21, 2024, to a neighborhood in response to reports of a man attempting to break into a residence in the 7400 block of Germane Trail in Apple Valley, Minnesota. Witnesses described the suspect as a Hispanic male wearing a light blue shirt with visible blood stains, camo shorts, and black shoes. Upon their arrival, officers were informed that the man, later identified as Avila, had allegedly broken a window and gained entry to another nearby home. Witnesses also reported that he had allegedly engaged in a physical altercation with a resident.
One officer arrived on the scene and located Avila in the backyard of a home where he was detained. Police reported that Avila allegedly appeared agitated, with blood on his hands and clothing. During questioning, Avila allegedly became increasingly hostile, ultimately kicking one of the officers in the groin.
Witness Accounts and Entry to the Residence
The criminal complaint describes three witness accounts. The first witness, who initially called 911, reported that Avila had approached her patio door, banging on it and demanding entry. She refused, and Avila reportedly became increasingly aggressive before leaving. The second witness encountered Avila allegedly attempting to enter her neighbor's residence. She observed him allegedly pulling on a partially open window, damaging its mechanism as he forced it wider and climbed through.
A third witness, who was in the room when Avila allegedly broke in, described him ignoring her commands to leave and instead running further into the home before eventually exiting. Officers apprehended him outside shortly afterward.
Welfare Check at Avila’s Residence
Due to Avila’s apparent injuries, officers conducted a welfare check at his apartment on 123rd Street West, where he resides with his aunt. Upon arrival, they allegedly discovered a partially open door and a blood-stained knife on the stairs. Investigating further, officers found several signs suggesting alleged erratic behavior, including barricaded doors and indications of attempted arson. The stove burner was on, and a cardboard paper towel tube was partially burned in the kitchen, alongside additional materials hinting at an attempt to start a fire.
Charges and Legal Proceedings
Avila has been charged with second-degree burglary, which carries a maximum sentence of up to 10 years in prison and a possible fine ranging from $6,000 to $20,000. He also faces fourth-degree assault on a peace officer, a gross misdemeanor punishable by up to one year in jail and a fine of $900 to $3,000. His bond was set at $60,000 without conditions and $50,000 with conditions. As of the writing of this story, his bond has not yet been paid, and he remains at Dakota County Jail. His next court date is November 13, 2024, at 9 AM in Hastings, Minnesota.
This article provides an overview of the allegations against Avila, detailing the charges, evidence, and potential legal outcomes. The community is reminded that charges are allegations, and the defendants are presumed innocent until proven guilty in a court of law. Further updates on this case will depend on the progress of the legal proceedings.
Written by: Will Wight
