Dakota County attorney to decide whether to charge officers in deadly shootings

Dakota County Attorney James Backstrom
FILE - Dakota County Attorney James Backstrom announces a grand jury indictment in Hastings, Minn., against members of Final Exit Network in the 2007 suicide of Doreen Dunn.
Glen Stubbe | The Star Tribune via AP 2012

Dakota County Attorney James Backstrom says he's joining his colleagues in Hennepin and Ramsey counties who have made the decision whether or not to charge an officer who has shot someone.

Backstrom noted the change after announcing Wednesday he'd determined a September fatal shooting by Burnsville police was legally justified.

Previous cases had gone to a grand jury for review; those proceedings are generally not made public.

The long-time county attorney said he was persuaded by growing interest in more transparency for such cases. "These are obviously difficult cases, difficult decisions to make, but we are elected officials as county attorneys," Backstrom said. "We're responsible to the public for the decisions we make. And we're going to be able to put out through this process all of the information that we reviewed in connection with the case."

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Hennepin County attorney Mike Freeman and Ramsey County Attorney John Choi reached similar conclusions last year.

Ramsey County is prosecuting an officer in the shooting of Philando Castile in July. Hennepin County Attorney Mike Freeman declined to charge officers in the death of Jamar Clark.

"There's a growing concern that grand jury proceedings are confidential and not subject to disclosure, even with the consent of the county attorney," Backstrom said. "And these are obviously cases that draw a lot of public concern, and rightfully so."

Backstrom doesn't think a change in state law is necessary, and that county attorneys across Minnesota should still be able to use their own discretion in such matters.

In the case of the fatal shooting of 48-year-old Jaime Lewis, the officers were not charged.

Burnsville officers responding to a 911 crisis call last September say that Lewis' former girlfriend told police that he'd left the apartment with a handgun and threatened suicide.

A state patrol helicopter spotted Lewis nearby. Officers found him lying on the ground holding a gun. Police say despite directions to drop the gun, Lewis sat up and pointed the weapon at police.

Burnsville police Sgt. Steven Stoler then shot Lewis with a police rifle. Body camera video collected from four officers did not capture the actual shooting because either their rifles blocked the view or they were out of Lewis's sight line.