Judge upholds charges against Duluth police officer who shot unarmed man

DULUTH – A St. Louis County district judge denied a motion Monday asking the court to dismiss felony charges against a police officer who shot an unarmed man through an apartment door last fall.

Paul Engh, an attorney representing Duluth police officer Tyler Leibfried, had argued that the shooting was justified because Leibfried heard what sounded like gunfire coming from the unit.

The bullets struck and injured 23-year-old Jared Fyle, who told investigators the loud noise captured by officers' body cameras was caused by him kicking shut and locking the door. Police had been dispatched to the apartment to respond to a call about a possible domestic violence incident in the apartment.

Judge Sally Tarnowski wrote in an order that there is "probable cause to sustain the charges" against Leibfried.

"In effect, Defendant argues that because he heard gunshots any subsequent action was justified," Tarnowski wrote. "That is not what the law says."

The charges — intentional discharge of a firearm that endangers safety and reckless discharge of a firearm within a municipality — are each punishable by up to two years in prison and a maximum $5,000 fine. St. Louis County Attorney Mark Rubin believes it is the first time his office is pursuing criminal charges against an officer for a shooting.

In a brief arguing why the charges should not be dropped, Rubin wrote that Leibfried acted with "a conscious disregard of the risk involved" when firing his weapon. According to the criminal complaint, Leibfried fired four quick shots then two more six seconds later, after Fyle had shouted for him to stop.

In a statement Monday, Engh said: "We respectfully disagree with the court's order, and believe the shots fired were well-justified. Officer Leibfried is looking forward to his jury trial."

The case will hinge on "whether the officer's conduct was reasonable or not under the circumstances confronting him," Tarnowski wrote. A settlement conference is scheduled for April 15.

The Duluth Police Department placed Leibfried "off duty indefinitely" in December, though Duluth officials have previously declined to say whether he is still being paid by the city.

Katie Galioto • 612-673-4478