Hennepin County Attorney Mary Moriarty said Sunday that she will dismiss murder and manslaughter charges against state trooper Ryan Londregan in the shooting death of motorist Ricky Cobb II last summer.
Moriarty told the Star Tribune that her unexpected decision comes in response to a prosecution expert’s new analysis of video from the scene and recent statements by Londregan’s defense attorney.
In a court hearing in April, attorney Chris Madel said the 27-year-old trooper feared for his partner’s life because he believed Cobb was reaching for Londregan’s gun. Moriarty said the defense team had not previously raised this legal claim.
She said prosecutors and the law enforcement expert reviewed the video and found that as Londregan’s partner clung to the passenger’s door of Cobb’s car, Cobb lifted his hand and “you can’t see very clearly” what he’s doing.
Moriarty cited the expert, who said the video reveals “horrible, horrible, horrible” tactics displayed by the troopers. But it shows Londregan used lawful force in the moment because he “could have shot to prevent great bodily harm or death” to his partner, Moriarty said.
“We could theoretically prosecute this and just let the jury decide,” she said. “However, we ethically can’t do that because we don’t believe at this point that we can disprove that affirmative defense.”
“This is not a situation of us backing down,” Moriarty said, adding that the killing last week of Minneapolis police officer Jamal Mitchell did not influence her decision.
“It is a situation of recognizing that, given all the barriers that are put in place in these types of cases and the new information that came up, we just can’t ethically go forward.”