Description: Minneapolis, Minnesota criminal defense lawyer represented the Defendant charged with second-degree intentional murder.

Following the shooting, the Minneapolis police department opened an investigation into the victim's death. Police obtained surveillance video from a number of security cameras in the vicinity of the Elk's Club parking lot. The surveillance video from one of the cameras shows the victim limping across the parking lot after being shot in the leg. The video then shows someone walk up behind the victim and shoot him multiple times in the back. The quality of the video is extremely poor; it was taken from an old video surveillance system. It is grainy, blurry, and choppy. As a result, the shooter is identifiable mainly by the color of his clothing-black pants and a shirt that was described at trial as red or burnt orange in color. Many people at the gathering were wearing colors associated with the different groups-red for the Bloods, and black and gold for the Vice Lords. The video does not clearly show the shooter's face.

A few weeks after the shooting, one of the victim's family members notified the police department of a potential witness, Corey Byrd. Sergeant Mark Suchta and Chief of Police Medaria Arradondo interviewed Byrd. Byrd did not offer Turner's name to the police during this interview. Instead, at the sergeant's suggestion, Byrd agreed that Turner shot the victim. At trial, Sergeant Suchta summarized his interview with Byrd as follows:

So [Byrd] . . . was very hesitant on actually saying the name [of the shooter]. He was talking about his fear of not being protected by the police department- ....

[Byrd] was in fear for his personal safety. And eventually we talked about how his name came to me. I said, "Hey, I spoke to a family member." And he said . . . "[the victim's brother]?" I said, "Yes, I spoke to [the brother]." And I said, "[the brother] told me that you told him that it was Deandre Turner." And [Byrd] said, "That's right." I said, "So Deandre Turner was the person that you saw shoot [the victim]?" And [Byrd] said yes.

Police officers were not able to locate any other witnesses who claimed that they saw the victim being shot in the back.

Police officers also did not find the gun that killed the victim or any forensic or DNA evidence linking a particular individual to the shooting. Officers did find discharged cartridge casings and fired bullets in the vicinity of the shooting, and an analysis of those items showed that they were all fired from the same gun. Based on a comparison of evidence from other crime scenes, police determined that the gun that fired the discharged cartridge casings found at the Elk's Club was also used in shootings in May 2022, December 2020, and July 2020. The state did not present any evidence suggesting that Turner was linked to any of the other shootings. There also was testimony that Turner was in custody by May 2022, the date of the last shooting.

Following their investigation, officers arrested Turner and respondent State of Minnesota charged him with second-degree intentional murder under Minn. Stat. § 609.19, subd. 1(1) (2020). He entered a plea of not guilty and the matter proceeded to a seven-day jury trial in July 2023.

At trial, the state presented testimony from a number of witnesses including investigating officers: Corey Byrd; Gayleen Jackson; and Samuel "Sharif" Willis. But the state relied primarily on the testimony of Sergeant Suchta; video evidence from the surveillance cameras; the out-of-court statement from Byrd agreeing with the sergeant's suggestion that Turner was the shooter; and testimony from Gayleen Jackson, who drove Turner home after the shooting.

The state introduced individual videos from the surveillance cameras in the vicinity of the shooting and the district court received them without objection. In addition to the individual videos, the state introduced a composite video, which showed the individual videos pieced together. Over the repeated objection of defense counsel, Sergeant Suchta narrated the events depicted in the video as it was shown to the jury. During his initial summary of events depicted on the video, Sergeant Suchta described the shooting in question as follows: "the fatal shooter, the second shooter, who we believe is Deandre Turner, walks up behind [the victim] and shoots him several times in the back." (Emphasis added.) When the camera switched views in the composite video, Sergeant Suchta then identified "a person in black pants and red shirt" getting into Jackson's car and testified that this person was "the fatal shooter" of the victim who "[shot the victim] the second time, fatally." Following this narration, the prosecutor started the video over from the beginning so the jury could view it again. During the second viewing, the sergeant pointed to a person wearing "[b]urnt orange red and black pants" who shot the victim, "walk[ed] off camera," and then "walk[ed] back onto camera and . . . [got] into the front passenger seat of [Jackson's car]." However, despite the sergeant's testimony, the composite video does not show an unbroken sequence of the shooter firing at the victim and then getting into Jackson's car.

In addition to presenting video evidence as narrated by Sergeant Suchta, the state called Byrd to testify. Byrd, who knew Turner and was friends with Turner's father, testified that he was at the repass on June 30 and near the shooting when it occurred. At trial, he could not recall whether he saw Turner at the outdoor gathering, and he did not recall whether he saw anyone shoot the victim. He also did not remember speaking to the police about the shooting or telling them that he witnessed Turner shoot the victim. Given Byrd's testimony that he did not recall speaking with the police or any of the events surrounding the shooting, the state moved to admit Byrd's out-of-court statement to Sergeant Suchta as substantive evidence under Minnesota Rule of Evidence 807-the residual hearsay exception. Over the objection of Turner's counsel, the district court ruled that Byrd's out-of-court statement to the police was admissible.

Following Byrd's testimony, the state called Jackson as a witness. Jackson testified that he was at the gathering and ran to his car after hearing the second set of shots. He did not see who killed the victim. As Jackson was driving away, he saw Turner walking on the sidewalk and offered to give him a ride home. Jackson did not see Turner with a gun while in his car.

The state also presented testimony from Willis, who stated that although he did not see who shot the victim in the back, he knew that the police were looking for Turner in connection with the victim's death. Willis testified that he spoke to Turner and advised him to turn himself in to the police if he was involved in the shooting. But he could not recall whether Turner said he had participated in the crime.

Turner testified in his own defense at trial. Turner acknowledged that, when he was arrested, he told the police that he was not at the repass. He further acknowledged that this statement was not accurate. Turner explained that he did so because there is a "code" not to speak to the police. He likewise testified that he denied knowing Willis, Byrd, or Jackson because, "[y]ou don't talk." At trial, Turner stated that he was in the general area of the shooting when it occurred, but he testified that he did not know who shot and killed the victim. And he denied shooting the victim, who he stated he did not know.

A couple of months after the shooting, Turner learned the police were looking for him in connection with the shooting. Turner testified that someone called him and encouraged him to speak to the police, although he could not remember who told him that the police wanted to speak with him about the shooting. Turner explained that he did not turn himself in because he was afraid that he would be falsely accused of a crime that he did not commit.

Outcome: Following testimony, the district court instructed the jury and the attorneys gave their closing arguments. The jury found Turner guilty of second-degree murder and the district court sentenced him to prison for 330 months.

Affirmed

State v. Turner, A23-1709 (Minn. App. Nov 18, 2024)

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