Minnesota Home Invasion Leads To Murder Charges For Residents
Early Monday morning in St. Paul’s Hamline-Midway neighborhood, a couple faced an alleged home invasion by 35-year-old Drew Johnson. The woman of the house called 911 as the incident escalated to report the alleged crime and to ask for police assistance. Her domestic partner then took the phone and advised the dispatcher that he had shot Johnson multiple times on their front porch and that an ambulance was also needed.
At about the same time, Johnson also managed to call 911 from the porch. He reportedly told the dispatcher he was speaking with that he believed he was dying. He then became unresponsive.
When officers arrived, they discovered Johnson on the porch with multiple gunshot wounds. He was transported by ambulance to a local hospital and was later pronounced dead.
The St. Paul Police Department began an investigation that led to the arrest of the couple on suspicion of second-degree murder. The arrest might seem controversial, given the potential self-defense scenario.
However, the woman’s admission of knowing Johnson before the incident and their refusal to voluntarily cooperate with the police investigation has made the case more complicated than it might first appear.
This case implicates Minnesota’s laws regarding self-defense, especially in the context of a home invasion. Unlike several states, Minnesota does not have a “stand your ground” law. Instead, it adheres to a “duty to retreat” policy, meaning a person in a “public space” must attempt to escape a threat before resorting to force.
The state’s law makes a notable exception with the “castle doctrine” for cases of self-defense at a person’s residence. The doctrine provides that a person is not obligated to retreat before using reasonable force against an intruder when they are in their residence.
Minnesota law generally allows the use of reasonable force to protect oneself, others, or one’s property. Deadly force is permitted when a person “reasonably believes” they are in imminent danger of great bodily harm or death.
In the St. Paul incident this week, the court is likely to be faced with determining whether the porch where the shooting took place was “inside” or “outside” the residence to determine whether there was any legal duty to attempt retreat before using deadly force.
This tragic event in St. Paul is a strong reminder of the complex challenges facing Americans who live in high-crime areas. Every citizen should be aware of the law in their location and be well-trained in self-defense to protect themselves and their families legally.