The stateâs top law enforcement agency has completed its investigation into the fatal shooting of Estavon Dominick Elioff in December in Mountain Iron by two sheriffâs deputies and started handing over findings to the St. Louis County Attorneyâs Office for review.
The turning over of the Minnesota Bureau of Criminal Apprehensionâs findings was confirmed Wednesday morning. The investigation remains open during the review and the details are not made public per state law, said BCA spokeswoman Jill Oliveira.
Elioff, 19, a Hispanic and white man from Virginia, was fatally shot while allegedly fleeing from sheriffâs deputies Ryan Smith and Matt Tomsich, who are white, in the Mountain Iron woods last month.
Defense: Duluth officer justified in shooting man at downtown apartment
A judge will consider arguments in February on Tyler Leibfried s request to toss two felony charges stemming from the September wounding of Jared Fyle. 6:02 pm, Jan. 11, 2021 ×
Tyler Leibfried
Officer Tyler Leibfried had every right to open fire through the door of a downtown Duluth apartment the moment he heard what he believed to be gunshots coming from inside, a defense attorney said.
Leibfried s two felony firearm charges therefore must be dismissed for a lack of probable cause under the established legal standard for use of deadly force by police officers, Paul Engh wrote in a 20-page motion filed Monday in State District Court.
St. Louis County Commissioner Keith Musolf, of Hermantown, was on track early Tuesday to become the new board chair and represent a leveling force between colleagues from the Iron Range and Duluth. But in a turn of events, he withdrew from expectations and instead supported re-electing Chisholm-based Chair Mike Jugovich as the leader of the seven-member board.
The win made history. The chair from the Iron Range is now only the second in 100 years to serve as chair for two consecutive years, according to a county spokesperson. Commissioner W.A. Swanstrom served as chair in 1921 and 1922. I am honored to again serve the people of St. Louis County and my fellow commissioners as the Board Chair in 2021, Jugovich said in a statement. While it s out of the ordinary, nothing has been ordinary during this pandemic, so I am pleased to have this opportunity to again serve as we move forward to hopefully brighter and healthier days in the year to come.
Duluth police say officer violated policies; defense calls shooting charges untenable
Tyler Leibfried will remain off duty indefinitely, it was announced shortly after he was arraigned on two felony charges. 6:08 pm, Dec. 16, 2020 ×
Tyler Leibfried
A defense attorney said he intends to file a really complex motion to dismiss two felony firearm charges against the Duluth police officer who shot an unarmed man through the door of a downtown apartment in September.
Attorney Paul Engh called the charges untenable as officer Tyler Leibfried, 28, was arraigned in State District Court on Wednesday afternoon.
Leibfried, of Hermantown, appeared after receiving a summons on charges of intentional and reckless discharge of a firearm in the non-fatal shooting of 23-year-old Jared Fyle at the Kingsley Heights Apartments, 105 W. First St., on the night of Sept. 12.
Duluth police officer charged in shooting of unarmed man now off duty indefinitely
The 28-year-old veteran fired multiple shots through the victim s apartment door.
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Duluth PD completed an administrative review of the Sept. 12 officer-involved shooting and found that officer Tyler Leibfried s actions were contrary to the department s policies and training guiding use of force, the release states.
Leibfried, a Hermantown resident who has been on the Duluth force for five years, is charged with two felonies – intentional discharge of a firearm that endangers safety of another, and reckless discharge of a firearm in a municipality. Tyler Leibfried’s conduct fails the objective reasonable officer standard in that it was not an objectively reasonable use of deadly force, St. Louis County Attorney Mark Rubin said Nov. 30, noting that his actions were not justifiable under state law.