A federal judge has dismissed civil charges against three Woodbury police officers who mistakenly shot a 19-year-old St. Paul man as he fled from his hostage-taker at a Woodbury motel in 2012.
On Thursday, a U.S. District Court judge determined the officers acted reasonably and granted their defense attorney’s request to dismiss a civil lawsuit filed by the family of Mark Eric Henderson. The suit, filed in 2015, alleged wrongful death, excessive force and indifference of Henderson’s civil rights.
Police shot Henderson after he escaped from Demetrius S. Ballinger, then 25, who had been holding 11 young people at gunpoint at the Red Roof Inn motel on Aug. 31, 2012.
U.S. District Judge Richard H. Kyle previously issued a notice deeming the case ready for a March 2017 jury trial. But defense attorneys filed a motion Nov. 10, 2016, arguing that the case should be dismissed.
In his decision, Kyle wrote that a jury wouldn’t be able to conclude if the use of police force was unreasonable. He also affirmed the officers were entitled to qualified immunity, which shields government officials from lawsuits when there is uncertainty is their actions were legal.
“The facts of this case are undeniably tragic, and the Court is sympathetic to the loss Tawana (Henderson) and all of Mark’s family have sustained,” wrote Kyle, who delivered the decision Thursday. “The narrow question before the Court is whether the officers acted reasonably. In the Court’s view, the evidence points to only one answer: Yes.”
The suit named Woodbury officers Anthony Ofstead, Stacey Krech and Natalie Bauer, who were involved in the shooting and have been with the department since 2000, 2007 and 2008, respectively, according to their résumés.
According to court documents, the officers heard a shot come from the room — which was later found to have been fired from Ballinger — as Henderson ran out of room 217.
Believing the shot came from Henderson, officers began firing after ordering him to stop.
Officers testified that they weren’t able to see Henderson’s right hand, which was near his waist when he fell to the ground. They said they believed he was reaching for a weapon and continued shooting.
They fired a total of 17 shots at Henderson, striking him a dozen times, according to the BCA. Witnesses told investigators they heard him say, “I can’t believe you shot me.”
Henderson died shortly after he was transported to Regions Hospital in St. Paul
An autopsy found a bullet fired from Ballinger’s gun lodged in Henderson’s right arm. A Ramsey County medical examiner ruled his death was from multiple gunshot wounds.
Ballinger pleaded guilty to attempted murder and four counts of first-degree criminal sexual conduct for sexually assaulting four minors. He is serving a 36-year prison sentence.
A Washington County grand jury cleared Bauer, Ofstead and Krech of any criminal charges in 2013.