A Big Lake man, who was out on bail while awaiting sentencing for sexual assault, has been charged with shooting and killing his cousin’s fiancé in a car in north Minneapolis on May 28 while her two young children were in the back seat.

The children, one of whom was left covered in blood, were taken in by a bystander while their mom cradled the head of Joseph Milligan, 26, of Minneapolis.

Milligan died at North Memorial Health Hospital the following day.

Kinglewes Edward McCaleb VI, 20, was charged with second-degree murder in the shooting on Thursday in Hennepin County District Court. He is being held in lieu of $1 million bail. McCaleb pleaded guilty to fifth-degree sexual assault in July after being accused of raping and robbing a woman in Minneapolis earlier this year.

He was out on $100,000 bail in that case at the time of the alleged shooting.

Danielle Molliver, his defense attorney in the sexual assault case, said the plea deal called for a stay of imposition and no jail time. He was due to be sentenced this week before being arrested and held on probable cause in Milligan’s murder. She said her office is not representing him on the murder case.

“I am really shocked,” Molliver said about the murder charges, noting that part of the reason McCaleb got a plea deal was because he had no criminal history. “He was a very humble young guy,” she said of McCaleb. “Kind of impressionable but definitely not the guy that is going to be the first one out there causing trouble.”

According to court documents:

McCaleb had been given a Mazda Tribute SUV by his cousin and agreed to take over the payments. When he stopped making the payments, his cousin, who was the registered owner, asked for her car back.

This led to a confrontation in the 400 block of 23rd Avenue N. in north Minneapolis on the evening of May 28 between McCaleb, his cousin and Milligan.

Milligan was in the driver’s seat, the cousin was in the passenger seat and her two small children were in the back seat during the argument.

McCaleb was standing outside of the car talking to Milligan when he pulled a gun out of his waistband, pointed it at Milligan and fired several shots. One hit Milligan in the head, causing the car Milligan was driving to crash. McCaleb fired another shot after the crash then fled on foot.

The two children were taken inside a home by a bystander to keep them safe. The 1-year-old girl had “blood splatter on her face and body.” When police arrived they found Milligan with a gunshot wound to the head in the driver’s seat.

His fiancée initially told investigators the shooter was her brother before saying it was her cousin. She said McCaleb had looked Milligan in the eyes before he “let off a shot.” She was uncertain how many shots had been fired in the commotion because her ears were ringing. She did say Milligan may have fired back at McCaleb before being shot.

Police found four shell casings near the Mazda. Surveillance footage from the area indicates approximately six gunshots were fired.

The Hennepin County Attorney’s Office will seek an aggravated sentence in the shooting because it involved multiple victims, including two under the age of 5. McCaleb was arrested Wednesday and is being held in the Hennepin County jail.