A 53-year-old Minneapolis homeowner has claimed self-defense for fatally shooting a man she said broke into her garage and menaced her and her adult son.
Minneapolis resident claims she fatally shot man on her property in self-defense
Court records reveal she told police that the man was coming at her and her son while reaching into his waistband.
March 2, 2022 at 2:21PM
The woman's account is detailed in a search warrant affidavit filed by police in Hennepin County District Court as part of their investigation into the killing of Martin L. Johnson, 30, on Feb. 22 behind her Corcoran neighborhood home in the 3300 block of S. 25th Avenue.
Police spokesman Garrett Parten said the County Attorney's Office has been asked to consider charges against the woman. She is identified in the affidavit but had not been arrested or charged as of midafternoon Wednesday. The Star Tribune generally does not identify people before they are charged.
The woman declined an interview with the Star Tribune on Wednesday. "I've been told that this is still an open investigation, and anything I say could be used against me," she said.
After reading the court filing, Rob Doar, political director of the Minnesota Gun Owners Caucus, said: "The courts have given enhanced protection of one's dwelling, but outbuildings like detached garages are not considered part of a dwelling.
"If the facts are as the shooter alleges — someone advancing towards your dwelling, making furtive motions, after you've shown intent to defend your dwelling — it's likely self-defense is justified, but we only have the shooter's word to go on."
According to the search warrant affidavit:
Calls to 911 sent officers to the home, where the homeowner invited them in and led them to a wounded Johnson, who was face-down in the backyard. He was taken by emergency medical responders to HCMC and declared dead.
The woman told police that the man had broken into her detached garage through the side door, and she fired four warning shots from a handgun in an attempt "to scare the deceased off."
"The deceased came towards [the woman and her 26-year-old son] and was reaching in his waistband. This is when the deceased was shot with a rifle."
The Hennepin County Medical Examiner's Office said Johnson was shot in the torso.
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The court document did not say whether Johnson had a weapon.
The handgun was on the kitchen table when police arrived, and the rifle used to shoot Johnson was on the main floor of the residence, as was a spent rifle casing. Also, three discarded cartridge casings were found on the deck in the backyard.
Police filed for permission to search the property in order to recover the firearms, home surveillance images from a doorbell camera and other devices, and other potential evidence for their case.
An online fundraising campaign has been started on behalf of Johnson's fiancée and his three children "during this time of unimaginable heartbreak."
Malcolm Johnson said he and Martin Johnson had been friends from childhood, growing up together in the East Phillips neighborhood and would often reconnect throughout adulthood.
He said Martin Johnson "was happy and had a construction job" when the two last talked about six months ago.
Malcolm Johnson said his friend didn't run in the wrong crowd and "never had a reason to carry [a weapon], because he never had to worry about someone doing something to him."
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