Trial in the Death of a 17-year-old Stacy, Minnesota Girl Begins, Despite Defense’s Memorandum to Dismiss Case and Lessen Charges

Stillwater – A memorandum to dismiss the case in the death of a 17-year-old Stacy, Minnesota girl, and a second levied by the defense counsel to lessen the charges of the accused man in the cause of her death, were denied by Washington County Court Judge Siv Mjanger Tuesday morning. 

Dylan Simmons, 21, of North Branch, is the defendant accused of fatally running over 17-year-old Bailey Vath during an altercation between two groups of teens and young adults in downtown Forest Lake on July 16, 2023. After rejecting a plea deal with prosecutors on April 25, the case began trial on Monday.  

Simmons and his attorneys rejected the plea deal in April saying he acted out of self-defense that night two summers ago. The attorneys argued his actions were protected under Minnesota Statute 609.06, Subd. 1(3), which says use of force is permitted "when used by any person in resisting or aiding another to resist an offense against the person."

The defense counsel Travis Kowtiz and Charles Cremens of Kowitz Law, had their first memorandum presented Monday in court arguing the state’s case against him had six violations of his rights. These violations included claims of suppression of evidence against the defendant by the state, including a video taken in the passenger seat of Simmons's car from July 16.

The video was taken by Ryan Anderson, who is an ex-boyfriend of the deceased Bailey Vath. Neither the defense nor the prosecution had the video in their possession until Monday, November 11, when Anderson was at the defense counsel’s office in Lindstrom, Minnesota, and shared it with them. Once the defense were in possession of the video, they then disclosed it to the prosecution as evidence.  

Judge Mjanger wrote in her decision to deny this violation of writes, “In order for the State to be found to have suppressed evidence, it must first be established that the State had the evidence in possession or was at least aware of its existence. It became clear at the hearing, that neither party was aware of the existence of the video in question until Mr. Anderson showed it to Defense counsel on his phone in November of 2024.”

These claims of violations of Simmons rights, along with the defendant’s motion to dismiss the complaint and exclude testimony from Forest Lake Police officers, were denied by Judge Mjanger when the court began the session Tuesday morning. 

The defense counsel brought forth another motion to dismiss the case after the first was denied. They asked to lessen Simmons's charges from his six charges, which include two second-degree murder charges, and have him make a plea to a first-degree vehicular manslaughter charge.

Judge Mjanger denied the request to lessen the charges based on the defense’s claims that it was manifested in justice. The second complaint by the defense in their memorandum introduced Tuesday morning was the burden of proof of the evidence they are presenting against Simmons to jurors once they are selected. 

Judge Mjanger ordered the state to recess and gather to provide their burden of proof of evidence against Simmons, which will be presented to the court at 2 p.m. Tuesday. The state will provide its burden of proof case with its evidence once court resumes Tuesday afternoon. Jury selection will begin Wednesday morning at 9. 

Simmons faces two second-degree murder charges (one with intent, one without), one criminal vehicular homicide, and three second-degree assault charges with dangerous weapons.