The Dakota County Attorney’s Office announced this week that a Ramsey County sheriff’s deputy was justified in his use of deadly force when he struck a suspect on foot who had fired gunshots toward officers in Mounds View last fall.

The suspect who later died of his injuries—Troy Engstrom, 48—could be seen on squad camera video Sept. 22, 2021, firing a gun at an officer’s vehicle. It struck the vehicle once but the officer was not injured.

Sgt. Don Rindal wrote in a statement to investigators, included below, that he believed his actions were necessary to protect himself, other officers and the surrounding public.

Officers were initially called to the AmericInn Hotel in Mounds View that day for a report of a suicidal man and a reported gunshot heard from inside a room.

Officers found Engstrom walking nearby and armed with a gun. Engstrom fired two gunshots toward a Mounds View police officer and shortly after, Sgt. Rindal drove his squad SUV into Engstrom, which pushed him through a wooden fence.

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Engstrom was transported to the hospital by ambulance but later died.

A summary of the investigative file, the legal analysis and basis for the charging determination are below.

OFFICE OF DAKOTA COUNTY ATTORNEY

KATHRYN M. KEENA

COUNTY ATTORNEY

In the Matter of the Death of Troy Engstrom – Charging Decision

I. Introduction

As described fully below, Sergeant Don Rindel of the Ramsey County Sheriff’s Office used deadly force during an incident that resulted in the death of Troy Engstrom. The Minnesota Bureau of Criminal Apprehension (“BCA”) was the lead investigative agency for this incident. The Dakota County Attorney’s Office1 reviewed the BCA investigation and the lawfulness of the actions of the above-named officer who intentionally struck Mr. Engstrom with his SUV squad during the course of the incident resulting in the death of Mr. Engstrom. On January 25, 2022, the Dakota County Attorney’s Office received the full investigative file from the BCA. The following is a summary of the BCA investigative file and the charging determination based on the evidence presented.

II. Case Summary

A. Summary of Facts.

On September 22, 2021, at approximately 6:20 a.m., Officer Sydney Dison and other officers of the Mounds View Police Department responded to the AmericInn Hotel located at 2200 Mounds View Boulevard in Mounds View upon a report of a suicidal adult male in Room 115. The room was registered to Troy Allen Engstrom, age 48. A hotel employee reported that a female guest came to the front desk and reported that her boyfriend (i.e., Troy Engstrom) was threatening to commit suicide and may have a gun. After reporting this, the female exited the lobby. The reporting employee did not know whether the female returned to Room 115. The female was later identified as MW.

Two officers undertook surveillance of Room 115. In the meantime, the reporting employee reviewed hotel surveillance video and determined that MW had exited the front doors of the hotel and drove off in a dark colored SUV. Officers decided to clear the scene because Mr. Engstrom was in the room by himself and officers did not want to escalate the situation; and at this time they did not know the identity of MW so were unable to contact her to confirm what she reported to the hotel employee about Mr. Engstrom being suicidal.

After officers cleared from the hotel, a different hotel employee called Officer Dison and reported that “Melissa” called the front desk to get an update on Mr. Engstrom. The employee provided Officer Dison with the phone number “Melissa” called from. Officer Dison called the number and spoke to “Melissa” and fully identified her as MW. During the conversation, MW reported the following facts. Mr. Engstrom was her boyfriend and they were staying in the hotel room together.

Mr. Engstrom was in possession of a handgun belonging to MW described as a 9mm Taurus. While together in the room that morning, Mr. Engstrom pointed the gun at his own head and said, “I’m going to shoot myself. I’m gonna die today.” MW asked him why and he replied, “I can’t stand myself.” MW told him that if he was going to kill himself, he better take her with him. Mr. Engstrom pointed the gun at her and said, “Fine if you wanna come with me.” MW told him, “I’ll see you in hell.” MW exited the room and after doing so, she heard a gunshot. She re-entered the room and saw Mr. Engstrom sitting down. He had not shot himself. MW again exited the room, took Mr. Engstrom’s vehicle, and drove to a residence in Circle Pines.

At approximately 10:40 a.m. on that same date, officers were again dispatched to the AmericInn Hotel after a maintenance worker discovered someone had fired a gun from inside Room 115 causing damage to the door and the wall directly across from the room. Surveillance video was reviewed and showed that this occurred at 5:30 a.m. that morning. The surveillance video also showed a male tucking a gun into the waistband of his pants.

Deputy Chief Ben Zender of the Mounds View Police Department had been monitoring this situation throughout the morning. Upon learning the new information that Mr. Engstrom had pointed a gun at MW and had discharged a firearm inside the hotel room, Deputy Chief Zender determined that Mr. Engstrom needed to be taken into custody and gave that directive.

Statement of Officer Riley Solz

After the directive was made, one of the officers who responded to the hotel was Mounds View Police Officer Riley Solz. Officer Solz provided a written statement in which he reported the following facts. While at the hotel, Officer Solz and others started formulating an arrest plan to apprehend Mr. Engstrom. While doing so, Officer Solz requested the assistance of Sergeant Don Rindal of the Ramsey County Sheriff’s Office.

While working on the arrest plan, hotel staff reported they saw Mr. Engstrom enter the Mermaid Bar. Officer Dison aired a description of Mr. Engstrom and also communicated that Mr. Engstrom was wanted for felony domestic assault and felony reckless discharge of a firearm. Officer Solz heard Trooper Timothy Koehler air that he believed he had seen Mr. Engstrom on foot walking westbound on Mounds View Boulevard. Officer Solz next heard Officer Nick Erickson of the Mounds View Police Department air that he was with a male at County Road H2 and Jackson Drive matching the description of Mr. Engstrom.

Officer Solz responded to that location and while enroute, heard someone call “shots fired” multiple times on the radio. When he arrived at the location, he observed Officer Erickson’s squad parked facing east in the westbound lane of County Road H2; and observed Trooper Koehler’s squad parked directly behind Officer Erickson’s squad. As he was parking, Officer Solz saw Sergeant Rindal’s squad reversing down an embankment on the north side of the road that led to a residential backyard. Officer Solz approached the scene and saw Mr. Engstrom on the ground – he was moving and breathing. Officer Solz, Sergeant Rindal, and Trooper Koehler provided first aid until paramedics arrived and transported Mr. Engstrom to the Hennepin County Medical Center. Officer Solz rode in the ambulance with Mr. Engstrom and assisted medics in caring for him.

Statement of Trooper Timothy Koehler

Minnesota State Patrol Trooper Timothy Koehler provided a written statement in which he reported the following facts. Trooper Koehler was working on September 22, 2021, and at approximately 11:28 a.m., he responded to the AmericInn Hotel in Mounds View to assist the Mounds View Police Department in locating Mr. Engstrom. Trooper Koehler was advised that Mr. Engstrom was wanted in connection with a domestic assault and for discharging a handgun through a hotel room door earlier that morning. Trooper Koehler was provided with a description of Mr. Engstrom. Information was received that Mr. Engstrom had left the hotel and was walking towards the Mermaid Event Center. Trooper Koehler was tasked to monitor the west side of the hotel.

While responding to the hotel, Trooper Koehler had passed a pedestrian on the walking trail next to Mounds View Boulevard north of the Mermaid Event Center matching Mr. Engstrom’s description. Trooper Koehler and other officers patrolled the area in search of Mr. Engstrom. While doing so, Officer Nick Erickson of the Mounds View Police Department advised officers that he had located a suspect fitting the description of Mr. Engstrom on County Road H2 at Jackson Drive. Officer Erickson requested assistance. Trooper Koehler and Sergeant Rindal both activated their squad lights and responded to Officer Erickson’s location.

Upon crossing the intersection of County Road H2 at Mounds View Boulevard, he saw Officer Erickson’ squad car next to the sidewalk of the westbound lane of County Road H2 facing eastbound. As he drove closer, he saw the suspect in front of Officer Erickson’s squad by the driver’s door spotlight. Trooper Koehler saw the suspect raise a shiny chrome handgun and point it in the direction of the driver of the squad car. Trooper Koehler heard one gunshot and saw Officer Erickson quickly exit the driver’s door of the squad car and take cover behind the open door. He simultaneously heard someone yell on the radio “shots were fired!”

Trooper Koehler stopped his squad behind Officer Erickson’s squad and exited his vehicle. He drew his sidearm and ran up to and around Officer Erickson’s squad. As he did so, he saw that Sergeant Rindal had driven his squad through part of a residential yard and through a tall wooden fence. He next saw Sergeant Rindal back his squad out of the yard and park partially on the street. After Sergeant Rindal moved his squad, Trooper Koehler observed Mr. Engstrom lying on the ground inside the fence line. Thereafter, Trooper Koehler retrieved his first aid bag from his squad and he and other officers provided first aid to Mr. Engstrom until paramedics arrived.

Statement of Officer Nick Erickson

Officer Nick Erickson of the Mounds View Police Department provided a written statement in which he reported the following facts. Officer Erickson was working on September 22, 2021, as a Neighbor Resource Officer. He was advised by patrol staff of a 911 call regarding a domestic assault and a suicidal male at the AmericInn Hotel in Mounds View. Officers were told the male had a handgun and had discharged it in a hotel room. Officers were updated by hotel staff that the male had exited the room and was heading to the attached bar – the Mermaid. A Minnesota State Patrol Trooper notified officers he had previously seen a male matching the description of the suspect walking west on Mounds View Boulevard.

Officer Erickson was driving a fully marked Mounds View Police Department SUV squad. After the description of the male was confirmed as matching the description of the male the Trooper previously saw, Officer Erickson headed toward that location. As he searched the area for the male, he turned eastbound on County Road H2 and saw a male near Jackson Drive matching the description of the suspect. The male was sitting on a retaining wall.

Officer Erickson stopped his squad approximately 1 block away from the male and notified other officers via radio of the male’s location. While doing so, the male stood up and started walking on the sidewalk towards Officer Erickson. In preparation for the possibility that the male may flee on foot, Officer Erickson drove to the opposite side of the road, in line with and facing the male. The male continued walking towards him. Officer Erickson activated his emergency lights, opened the driver’s door and began to exit his squad. He had his left leg out of the squad and right leg in the squad; and used the driver’s door for cover.

Officer Erickson yelled commands to the male to put his hands up and stop walking. The male did not comply. While yelling the commands, Officer Erickson reached near his right hip to unholster his gun. As he did so, the male reached behind his back with his right hand and when his hand came back into sight, Officer Erickson saw that the male was holding a silver handgun. The male pointed the handgun directly at Officer Erickson. As Officer Erickson squatted to take cover, he heard a shot fired from the male’s handgun followed by a second shot as he reached for his radio to call out shots fired.

After the second shot was fired, Officer Erickson stood up with his handgun drawn to face the threat. As he viewed in on the male, he saw a Ramsey County Sheriff squad come in from his right side and strike the male with the front bumper of the vehicle. The impact from the squad pushed the male through a wooden privacy fence. Officer Erickson quickly approached the squad and cleared around the corner of the fence. He did not see the male so ran to the front of the squad bumper where he observed a red hat and a handgun on the ground in front of the squad. The driver backed up his squad and Officer Erickson observed the male underneath it. Officer Erickson moved the handgun away and secured it out of his reach, stepped back and stayed on the male until other officers arrived.

Statements of The Bear Lot Employees

The Bear Lot, a used car lot and service garage, is located across County Road H2 from the location of the incident. The service garage portion of the business faces County Road H2. Several employees who were present in the service garage at the time of the incident were interviewed as part of the investigation.

Following is a summary of their statements.

Employee 1 is a mechanic and was working in the service garage when he noticed an adult male standing across the street pointing a “big silver gun” at a police car. The adult male fired one shot and Employee 1 ducked and yelled at his co-workers to get down. Employee 1 stood back up and saw a marked squad, black in color Tahoe SUV strike the adult male. Employee 1 opined that the officer’s action in doing so “saved … a lot of what could have gone wrong.”

Employee 2 is a mechanic and was working in the service garage when he heard the sound of a gunshot outside. The bay doors of the service garage were open and face County Road H2, which is the street directly to the north of the business. Employee 2 looked outside to the north and observed an adult male on the sidewalk with what appeared to be a chrome handgun. He saw the adult male point the handgun in a westerly direction and fire a second shot. Employee 2 could not see what the male was firing towards. Immediately thereafter, Employee 2 observed a black in color Tahoe police vehicle drive directly at the armed man and strike him. The impact carried the armed man into a fence.

Employee 3 is a mechanic and was standing next to Employee 5 at the parts counter in the service garage when he heard what sounded like a gunshot. He looked where the noise came from and saw a man standing on the sidewalk across the street pointing a gun in the direction of Mounds View Boulevard/County Highway 10. The service doors were open at the time. Upon seeing the gun, Employee 3 told Employee 5 the man had a gun and then immediately heard a second gunshot. Upon hearing the second gunshot, Employee 3 jumped over the parts counter to take cover. As he was jumping over, Employee 3 heard another gunshot. Employee 3 was unable to see what the man was shooting at. Employee 3 took cover because he was fearful the man would run across the street and enter the business through the open bay doors.

Employee 4 is a service advisor and was working in the service garage when heard what he believed to be a cap gun being shot. Employee 4 looked outside through the bay doors and saw a white adult male holding a silver revolver. Employee 4 saw the male fire two shots in the direction of County Highway 10/Mounds View Boulevard. After seeing the shots fired, Employee 4 took cover behind a stack of tires. Shortly after doing so, he heard what he believed to be a crash. After hearing the crash, Employee 4 jumped through the service window.

Employee 5 is a service manager. As Employee 5 exited a door from the main shop to enter the service garage, he heard Employee 1 yell “get down, he has a gun!” Employee 5 looked outside and saw a man holding a couple of bags in one hand and firing a gun towards County Road Highway 10/Mounds View Boulevard. Employee 5 was unable to see what the man was firing at because his view was blocked. He heard at least 3 shots fired by the man. Employee 5 next observed a black Tahoe police vehicle hit the man and push him through the fence. The vehicle had travelled from the direction of County Highway 10/Mounds View Boulevard when it hit the man.

B. Written Statement of Sergeant Don Rindal.

As part of the BCA’s investigation, Sergeant Rindal opted to provide a written statement in lieu of an interview.

Sergeant Rindal has been employed with the Ramsey County Sheriff’s Office since 1999. At the time of theincident he was an acting patrol sergeant. On September 22, 2021, Sergeant Rindal reported for duty at 10:30a.m. At approximately 10:40 a.m. dispatch called and asked that he contact the Mounds View Police Department’s sergeant on duty, which he did. The Mounds View sergeant on duty requested two, less lethal officers to assist with an active call originating at the AmericInn Hotel located at County Road H and Mounds View Boulevard. Sergeant Rindal is trained in less lethal and was in possession of a pepper ball rifle. He radioed for a second squad to respond as the second less lethal assisting officer.

Sergeant Rindal drove to the hotel. He heard over the radio that officers were searching for an individual wearing a red baseball hat, black jeans and black jacket; and who was armed with a handgun protruding from his waist. The initial information available was that the suspect had gone to the Mermaid Bar; however, the bar was closed so his whereabouts were unknown. A Minnesota State Trooper aired that an individual matching the description of the suspect was walking westbound on Mounds View Boulevard near a senior living residence. Squads drove to that location, but the suspect was no longer in that area.

Thereafter, a Mounds View police officer aired that he was at County Road H2 and Jackson and that he had an individual matching the suspect’s description sitting in the grass. The officer reported that the suspect stood up and was approaching the officer. At this time, Sergeant Rindal was two blocks to the west of the officer’s location. Sergeant Rindal activated his emergency lights and drove to the location. Sergeant Rindal had his window down so that he could better see and hear the sounds and activity.

Sergeant Rindal crossed Mounds View Boulevard and observed a Mounds View squad parked on County Road H2 facing east in the westbound lane, just past Pinewood Court. As he pulled up along side the Mounds View squad, he saw the suspect point his handgun at the Mounds View police offer. He next saw and heard the suspect fire a shot directly at the officer. The suspect next turned and pointed his handgun directly at Sergeant Rindal and fired a second shot. The bullet lodged in the driver’s side hood of his squad, right underneath the windshield.

In fear of his own life and the life of the Mounds View police officer, Sergeant Rindal immediately turned perpendicular to County Road H2 and drove at the suspect, who was still pointing his handgun at him. Sergeant Rindal struck the suspect with his squad propelling the suspect through a residential privacy fence.

Following the impact, the suspect was underneath Sergeant Rindal’s squad. He backed his squad up several feet to gain control of the suspect and to render first aid.

As to why he took the actions he did, Sergeant Rindal wrote:

I believe actions were absolutely necessary, and reasonable within the standards of Minn. Stat. 609.066. The suspect had attempted to murder two police officers. Mounds View Boulevard is a main thoroughfare through this community, and his shots could have easily hit an innocent driver. Across from the incident location was a used car lot. Customers and staff emerged from that location while the shots were fired. They were likewise in danger of great bodily harm or death.

Had I not taken immediate action, I believe the suspect would have continued to approach the Mounds View Police Officer, and would have shot at him at close range and likely killed him. The suspect was firing a semi-automatic handgun, which has a magazine containing at least ten rounds, and more often than not fifteen. He had shot only twice that I was aware of. The suspect showed no sign of stopping. Had I not driven at him and hit him, I believe he would have also continued to fire his handgun at me. He appeared to be experienced with a handgun. His aim was accurate. His two struck within inches of both myself and the Mounds View Police Officer. The shots were directed at our heads and not the lower body.

C. Autopsy of Troy Engstrom.

An autopsy of Mr. Engstrom was performed at the Hennepin County Medical Examiner’s Office on September 23, 2021. The cause of death was determined to be multiple blunt force injuries due to pedestrian versus motor vehicle collision.

D. BCA Incident Scene Investigation and Forensic Analysis Summary.

A BCA Crime Scene Team arrived at the location of the incident at approximately 2:05 p.m. The incident scene was located on the north side of County Road H2 and extended into the back yard of residence 52xx Pinewood Court. Prior to the Crime Scene Team’s arrival, Senior Special Agent Reyerson (“SSA Reyerson”) arrived at the incident scene at approximately 12:36 p.m. and observed the following: (1) a wooden fence with a wide missing space, approximately 10 feet in length; (2) medical equipment; (3) clothing; (4) what appeared to be blood on the ground in close proximity to the fence; (5) a marked Ramsey County Sheriff’s Office SUV squad; (6) a marked Mounds View Police Department SUV squad; (7) an unmarked State Patrol squad; and (8) a handgun which was located on the Mounds View Police Department SUV squad.

SSA Reyerson was advised that the handgun had been in the possession of Mr. Engstrom. While at the scene, SSA Reyerson also noted defects that appeared to be from bullets on both the Mounds View SUV squad and the Ramsey County SUV squad.

The Crime Scene Team forensically processed the incident scene and collected several items including the following, some of which were submitted to the BCA forensic laboratory for analysis.

A Taurus semi-automatic pistol was collected from the front bumper of the Mounds View Police Department SUV squad.

The pistol; and the magazine and top cartridge in the magazine were swabbed for DNA and the swabs were analyzed.

It was determined that a DNA sample obtained from the grips of the pistol was a mixture of four or more individuals. Troy Engstrom could not be excluded as a contributor. Six of the 21 loci suitable for comparisons met the BCA criteria for conducting statistical calculations; it was estimated that 91.9% of the general population can be excluded from being contributors.

It was determined that a DNA sample obtained from the slide of the pistol was a mixture of four or more individuals with a major mixture of two or more individuals. Troy Engstrom could not be excluded from being a possible contributor to the major mixture. It is estimated that 99.99999992% of the general population can be excluded from being contributors to the major mixture.

It was determined that a DNA sample obtained from the edges of the pistol’s magazine and the top cartridge was a mixture of four or more individuals. The major DNA profile matched Troy Engstrom. The probability of selecting an unrelated individual at random from the general population having a DNA profile that would match this profile is approximately 1 in 4.1 billion.

A bullet (Item 2) was collected from the ground near the driver’s door of the Mounds View SUV squad. Forensic firearm analysis determined Item 2 was fired by the Taurus semi-automatic pistol (Item 1). (See BCA Lab Report No. 9).

Blood was collected from the sidewalk (Items 3 and 4) and from the backyard (Item 5) of 5290 Pinewood Court. DNA analysis was performed on Item 5 and it was determined that it was a single source male profile that matched Troy Engstrom. (See BCA Lab Report No. 8).

Two RP Luger 9mm cartridge cases (Items 6 and 7) were collected from the yard between the fence line and sidewalk. Forensic firearm analysis determined Items 6 and 7 were fired by the Taurus semi- automatic pistol (Item 1). (See BCA Lab Report No. 9).

The Crime Scene Team located a defect in the hood of the Ramsey County SUV squad and a defect in pillar A near the driver’s door of the Mounds View SUV squad. Examination and chemical testing of the area of each defect located on each vehicle indicated the presence of lead, consistent with the passage or impact of a bullet. (See BCA Lab Report No. 6). It was determined through trajectory analysis that: (1) a bullet perforated the hood of the Ramsey County SUV squad and traveled from front to back; and (2) a bullet perforated pillar A near the driver’s door of the Mounds View SUV squad and traveled from front to back. (See BCA Lab Report No. 6).

E. BCA Search/Processing of Ramsey County Sheriff’s Office SUV Squad and Forensic Analysis Summary.

A search was conducted of the Ramsey County SUV squad (Item 12) on September 24, 2021, by a BCA Crime Scene Team at BCA headquarters in St. Paul. (See BCA Lab Report No. 7). During the search, the following items were collected, some of which were submitted to the BCA forensic laboratory for analysis.

A bullet and bullet fragment (Item 14) were collected from inside the hood of the vehicle. Forensic firearm analysis determined the bullet was fired by the Taurus semi-automatic pistol (Item 1). (See BCA Lab Report No. 9).

Blood was collected from under the vehicle in the following areas: a protective plate near the driver wheel (Item 15), on the interior side of the driver wheel (Item 16), and from near the driver wheel well (Item 17). DNA analysis was performed on Item 15 and it was determined that it was a single source male profile that matched Troy Engstrom. (See BCA Lab Report No. 8).

F. BCA Secondary Crime Scene Investigation and Forensic Analysis Summary.

The BCA Crime Scene Team forensically processed Room 115 at the AmericInn Hotel where Mr. Engstrom had been staying. A bullet was collected from inside the room from the west wall near the door (Item 10). A second bullet perforated the door and was collected from the wall directly across from Room 115 (Item 9). (See BCA Lab Report No. 6). The bullets were submitted to the BCA forensic laboratory for analysis. Forensic firearm analysis determined both bullets were fired by the Taurus semi-automatic pistol (Item 1). (See BCA Lab Report No. 9).

G. Review of Body Worn Camera Video and Squad Video.

Several body worn camera videos and squad videos were submitted as part of the investigation. The following body worn camera video and squad videos were determined to be the most relevant to the investigation.

1. Officer Nick Erickson’s Body Worn Camera Video. The video has a one minute buffer period where there is video only and no audio. At the start of the video at 11:45:49, Officer Erickson is driving his squad. At the 11:46:12 point of the video, Officer Erickson opened the driver’s door of his squad. At the 11:46:20 point of the video, Officer Erickson, while still inside his squad, suddenly pulled his firearm and briefly pointed it towards the front of his squad. Officer Erickson next ducked down behind his open driver’s door and into the driver’s compartment of the squad where he can be seen briefly using the squad radio. At the 11:46:32 point of the video, Officer Erickson exited his squad and ran to a Ramsey County SUV squad that crashed through a wooden fence into the backyard of a residence and was stopped.

Officer Erickson ran to the front of the Ramsey County SUV squad where a handgun and red hat can be seen lying on the ground. The Ramsey County SUV squad backed up and an injured adult male is observed on the ground (later identified as Troy Engstrom). Officer Erickson reached down and picked up the handgun telling other officers that he had the gun. He walked back to his own squad and placed the handgun on the hood of the vehicle. While standing by his squad, another officer approached Officer Erickson and Officer Erickson can be heard saying, “He shot at me. I’m okay.” Officer Erickson later can be heard saying that he “took cover behind the door.”

At the 11:46:37 point of the video, Officer Erickson can be heard telling other officers that he (i.e., Troy Engstrom) started walking towards him on the sidewalk and that Officer Erickson turned on his lights and siren to make contact with him. While talking, one of the officers noticed a bullet defect in the A pillar of the squad and pointed it out to others.

1. Trooper Timothy Koehler’s Squad Video. The video begins with Trooper Koehler responding to the incident scene behind the Ramsey County SUV squad driven by Sergeant Rindal on County Road H2, east of Mounds View Boulevard. When Trooper Koehler arrived at the incident scene, a Mounds View SUV squad (driven by Officer Erickson) was already on the scene, parked against the north curb of County Road H2 and facing east. The male subject (i.e., Troy Engstrom) is partially visible in front of Officer Erickson’s squad standing on the sidewalk. Sergeant Rindal stopped his vehicle in the eastbound lane of County Road H2 almost parallel to Officer Erickson’s squad.

As Trooper Koehler approached in his squad, a gunshot is audible on the video immediately followed by someone yelling, “Shots fired! Shots fired!” Sergeant Rindal drove past Officer

Erickson’s squad and as he did so, Mr. Engstrom turned toward Sergeant Rindal’s squad and fired again. The sound of a gunshot is audible on the video followed by someone yelling, “Shots fired! Shots fired! Shots fired!” Within seconds, Sergeant Rindal’s squad turned to the north and accelerated up a curb onto the sidewalk where Mr. Engstrom was standing. The collision between Sergeant Rindal’s squad and Mr. Engstrom was not captured on the video because the view was blocked by Officer Erickson’s squad.

1. Sergeant Don Rindal Squad Video. The video begins with Sergeant Rindal stopped on County Road H2 where it intersects with Mounds View Boulevard/County Road 10. While stopped at that location, Officer Erickson’s SUV squad can be seen approximately 2 blocks ahead on County Road H2 moving into position against the north curb and facing east. At 46 seconds into the video, Sergeant Rindal approached the scene and Officer Erickson’s squad can be seen parked at the north curb facing east. An adult male (Troy Enstrom) can be seen standing on the sidewalk on the north side of County Road H2 pointing a gun in the direction of Officer Erickson’s squad. At 48 seconds into the video, Mr. Engstrom fired the gun in the direction of Officer Erickson. The sound of a gunshot is audible on the video. At the same time, Sergeant Rindal can be heard saying, “He’s got a gun! Shots fired! Shots fired!” At 50 seconds into the video, Mr. Engstrom turned towards Sergeant Rindal’s squad and fired the gun at his squad while Sergeant Rindal simultaneously accelerated towards Mr. Engstrom on the sidewalk. The sound of the gunshot is audible on the video followed by someone yelling, “Shots fired! Shots fired! Shots fired!” At 54 seconds into the video, Sergeant Rindal struck Mr. Engstrom and crashed through a privacy fence into a backyard of a residence.

H. Toxicology Results.

According to a toxicology report received from the BCA, analysis of a blood sample drawn from Sergeant Rindal after the incident failed to reveal the presence of ethyl alcohol or any controlled substances.

According to the toxicology report related to a blood sample drawn from Mr. Engstrom at the time of his admission into the hospital on September 22, 2021, his blood alcohol concentration was 0.206.

IV. LEGAL ANALYSIS AND DETERMINATION

A. Legal Standard.

Under the applicable Minnesota law at the time of this incident, the use of deadly force by a peace officer in the line of duty is justified only if an objectively reasonable officer would believe, based on the totality of the circumstances known to the officer at the time and without the benefit of hindsight, that such force is necessary:

• to protect the peace officer or another from death or great bodily harm, provided that the threat:

• can be articulated with specificity by the law enforcement officer;2

• is reasonably likely to occur absent action by the law enforcement officer; and

• must be addressed through the use of deadly force without unreasonable delay; or

(2) to effect the arrest or capture, or prevent the escape, of a person whom the peace officer knows or has reasonable grounds to believe has committed or attempted to commit a felony and the officer reasonably believes that the person will cause death or great bodily harm to another person under the threat criteria in clause (1), items (i) to (iii), unless immediately apprehended.3

In order to bring charges against a peace officer for using deadly force in the line of duty, the State must be able to prove beyond a reasonable doubt the use of force was not justified.

In evaluating the reasonableness of peace officer use of force, the proper inquiry “requires careful attention to the facts and circumstances of each particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether the [suspect] is actively resisting arrest or attempting to evade arrest by flight.”4 The reasonableness of a particular peace officer’s use of force is to “be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.”5 In making this determination, allowance must be made for the fact peace officers are often forced to make split-second decisions – under circumstances that are tense, uncertain and rapidly evolving – about the amount of force necessary in a particular situation.6 The reasonableness inquiry is an objective one: the question is whether the peace officer’s actions are “objectively reasonable” in light of the facts and circumstances confronting the peace officer without regard to the officer’s underlying intent or motivation.

B. Determination as to the lawful use of deadly force by Sergeant Don Rindal of the Ramsey County Sheriff’s Office.

As detailed above, on September 22, 2021, officers of the Mounds View Police Department as well as peace officers from assisting agencies were attempting to locate and effectuate the arrest of Mr. Engstrom for the alleged commission of felony level offenses at the AmericInn Hotel in Mounds View during the early morning hours on that same date. It was known to officers that Mr. Engstrom was in possession of a handgun. Officer Nick Erickson located Mr. Engstrom near County Road H2 and Jackson Drive sitting on a retaining wall. Located directly across the street was The Bear Lot, a used car lot and service garage. The service garage portion of the business faces County Road H2. At the time of the incident, some of the bay doors of the service garage were open and several employees were present inside.

Officer Erickson stopped his fully marked squad near the north curb of County Road H2 facing east and notified other officers of his location. Officer Erickson stopped his squad approximately 1 block away from Mr. Engstrom’s location. In the meantime, Mr. Engstrom left the retaining wall and started walking towards Officer Erickson’s squad. Officer Erickson activated his emergency lights and yelled commands to Mr. Engstrom to put his hands and to stop walking. Mr. Engstrom did not comply with the commands. As Officer Erickson began exiting his squad, Mr. Engstrom fired a handgun towards Officer Erickson. It was determined that a bullet perforated pillar A near the driver’s door of Officer Erickson’s squad. A bullet was located on the ground near the driver’s door of Officer Erickson’s squad and it was determined the bullet was fired from the handgun found in Mr. Engstrom’s possession.

Sergeant Rindal arrived at the scene and witnessed Mr. Engstrom fire his gun at Officer Erickson. Mr. Engstrom next turned towards Sergeant Rindal’s squad and fired his gun at his squad while Sergeant Rindal simultaneously accelerated his squad toward Mr. Engstrom and struck Mr. Engstrom on the sidewalk, carrying him through a wooden fence. This action resulted in the death of Mr. Engstrom. It was determined that a bullet perforated the hood of Sergeant Rindal’s squad. A bullet was collected from inside the hood and it was determined the bullet was fired from the handgun found in Mr. Engstrom’s possession. Sergeant Rindal wrote that he believed the use of force was necessary to protect Officer Erickson, himself, people passing by and the employees and customers at The Bear Lot from death or great bodily harm.

The written statements provided by Officer Erickson, Trooper Koehler and Sergeant Rindal are consistent with each other and corroborated by the above cited body worn camera video and squad videos.

Located directly across the street was The Bear Lot, a used car lot and service garage. The service garage portion of the business faces County Road H2. At the time of the incident, some of the bay doors of the service garage were open. Interviews were conducted of five employees who were present in the service garage at the time of the incident. All five reported seeing a male across the street from the service garage pointing a handgun and hearing gunshots. One of the employees witnessed the male point and fire the gun at a police car. Three of the employees reported seeing the male fire the gun towards the direction of County Road 10/Mounds View Boulevard (which was the direction at which Officer Erickson’s SUV squad was stopped).

All five reported after hearing gunshots, they took cover. One employee reported he was fearful the armed man would run across the street and enter the service garage through an open bay door.

The use of deadly force by a peace officer is justified to protect the officer or another person from death or great bodily harm. It is my conclusion that given the facts and circumstances of this incident, it was objectively reasonable for Sergeant Rindal to believe Mr. Engstrom posed a deadly threat to him, to Officer Erickson and to members of the public and the time he struck Mr. Engstrom with his squad. Accordingly, Sergeant Rindal was legally justified in using deadly force in this instance and there is no basis to issue criminal charges against him.

OFFICE OF DAKOTA COUNTY ATTORNEY

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