Judge orders joint trial for adults charged in killing of Zaria McKeever

Pretrial hearing set for February, with trial scheduled for April.

October 18, 2023 at 10:01PM
Zaria McKeever (Submitted by family/The Minnesota Star Tribune)

Three adults charged in the murder of 23-year-old Zaria McKeever — a case that generated so much outrage over a juvenile's controversial plea deal that Minnesota's attorney general intervened — appeared in Hennepin County District Court on Wednesday to set a 2024 joint trial date.

Erick Haynes, 23, indicted on two counts of first-degree murder, is the accused mastermind of a Brooklyn Park home invasion in November. He enlisted two teenage brothers, with the youngest accused of firing fatal shots at McKeever, who shared a baby girl with Haynes. Haynes' sister and her husband are also charged with felony aiding an offender after the fact.

Prosecutors filed charges in March against Eriana Haynes, 24, and Tavion James, 24. The two married about two weeks later, according to records. They declined to comment as they left court Wednesday. Their attorneys objected to a joint trial.

Erick Haynes remains jailed in lieu of $2 million bail. His attorney, Robert Paule, took no position on the state's request for a joint trial.

District Judge William Koch set the trial for April 1, 2024. It's expected to take up to three weeks. A pre-trial hearing is slated for Feb. 5.

Meanwhile, McKeever's family said a trial to determine whether the accused teen shooter should be certified as an adult will take place in February. The teen, who is 15, remains unidentified. His court proceedings and records are confidential so long as the case remains in juvenile court.

The other brother, 17-year-old John Kamara, accepted a plea deal offer from Hennepin County Attorney Mary Moriarty in March before Attorney General Keith Ellison took over prosecution. After mounting pressure from McKeever's family and the community over Moriarty's lenient plea offers, Gov. Tim Walz reassigned the case to Ellison at his request.

Kamara is serving a two-year sentence at the juvenile correctional facility in Red Wing and will be on probation until his 21st birthday.

Prosecutors originally moved to certify Kamara and his brother as adults so they could stand trial for second-degree murder alongside Haynes. But Moriarty abruptly changed course, offering the teens a plea in exchange for testifying against Haynes.

Assistant Attorneys General Erin Eldridge and Leah Erickson filed arguments for why they believe one trial instead of three is in the best interest of justice. They don't allege any of the adult defendants shot McKeever, but that they all conspired before, during or immediately after the murder.

"All charges here stem from the same offense: the shooting death of [McKeever] by one of the juveniles Mr. Haynes allegedly induced to commit murder," Koch wrote in his joint trial order filed Monday.

The order references text messages and surveillance video from McKeever's apartment, her boyfriend's nearby apartment as well as a Brooklyn Center hotel where the suspects gathered, creating a timeline of what led up to and what happened immediately after the murder.

"One week before the murder, Mr. Haynes communicated to his sister threats about [McKeever] and [McKeever's boyfriend], including requests for his sister to assault [McKeever]," Koch wrote.

He added that Erick Haynes' sister's car was used in the events leading up to the murder, "and she admitted driving it and confronting [McKeever] during these events. [She] and Mr. James were with Mr. Haynes just hours before the murder, then again right after the murder. They both took an injured [Kamara] to the hospital, told consistent lies to officers about what happened, and then returned to the hotel to apparently continue cover-up efforts. These discussions and acts place all three in close concert in the conduct leading to the murder of [McKeever]."

Koch found the same evidence would be used in each adult trial. He said all cases require the state to prove murder was committed; as for the Jameses, the state has to prove they knew it was committed and intentionally aided the person who committed it.

Minnesota historically prefers separate trials, Koch wrote, but joint trials are ordered at the discretion of the court. He considered the impact on victims and witnesses if they had to testify at separate trials, and the volume of testimony, which he said "is expected to be significant."

Koch said that given significant media interest in McKeever's murder, "coverage of a first trial and verdict could prejudice subsequent trials."

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Kim Hyatt

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Kim Hyatt reports on North Central Minnesota. She previously covered Hennepin County courts.

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