Judge won't overturn Minn. homicide verdict

A judge in St. Louis County has denied a motion for acquittal in a fatal crowd shooting.

Judge David Johnson says the fact that Philbert Barnes fired a gun underhanded and backward into a group of people while running away doesn't negate his intent to commit murder.

Defense attorney Keith Shaw argued Barnes had no intention of killing anyone last July when he fired the gun. Curtis Cooney was struck and killed. Another man was hit in the leg.

Prosecutor Vern Swanum argued that if Barnes merely meant to scare the group, he would have fired the gun into the air.

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The Duluth News Tribune says Barnes, 40, was found guilty of intentional and attempted murder in January.

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Information from: Duluth News Tribune

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