Minnesota state troopers make thousands of traffic stops and only in the rarest of situations — twice since 2020 — have they fired their guns. Both times were fatal.
Minnesota troopers rarely use deadly force; policy warns of shooting at moving vehicles
The decision of whether the State Patrol shooting on I-94 was justified may hinge on whether Ricky Cobb II tried to drive away and, if so, whether that posed a threat to troopers.
August 4, 2023 at 11:23PM
The policy of the Minnesota State Patrol forbids the use of deadly force unless there is an immediate threat to the public or officers. Rookie trooper Ryan Londregan killed Ricky Cobb II during a traffic stop on Interstate 94 in north Minneapolis early Monday. The decision of whether the shooting was justified may hinge on whether Cobb tried to drive away from the traffic stop and, if so, whether that posed a threat to the troopers.
Londregan and trooper Brett Seide were partly inside Cobb's vehicle trying to pull him out when Londregan fired and the moving vehicle knocked both troopers to the ground, video from body and dashboard cameras show.
In messages to the Star Tribune, the Minnesota Police and Peace Officers Association's legal defense fund says shots were fired at Cobb after he put the car into gear. The legal defense fund is paying Londregan's attorney, Chris Madel, who declined to comment.
The State Patrol's general orders of operation prohibit shooting at moving vehicles, except when deadly force is authorized. It says that firearms shall not be used "when there is substantial risk to the safety of other persons, including risks associated with vehicle crashes."
Fleeing, in itself, is not cause for deadly force, said Greg Hestness, former deputy chief of the Minneapolis Police Department and retired chief of the University of Minnesota Police Department.
"It's hard to say from the video what led to using deadly force," Hestness said in a phone interview Friday.
"If there was some reason to believe he's about to put the car in gear and take off, that in itself would not justify using deadly force," he added. "Fleeing is not a cause for deadly force, unless you're a serial killer."
In 1985, the U.S. Supreme Court ruled that under the Fourth Amendment, an officer may use deadly force to prevent the escape of a fleeing suspect only if the officer believes the suspect poses a significant threat of death or serious physical injury to the officer or others.
The State Patrol said Cobb was pulled over for driving without taillights. During the stop, troopers learned he was wanted for questioning in relation to an alleged felony-level violation of a standing domestic order for protection in Ramsey County, which is an arrest-worthy offense.
Standing at the driver's side window, Seide told Cobb to step out. He told Cobb there wasn't a warrant. Cobb repeatedly asked why and did not get out of the car.
Londregan positioned himself at the passenger side door. The troopers opened the door and Londregan shouted at Cobb to get out. Londregan drew and fired his gun, and then was knocked to the ground. Fatally wounded, Cobb drove for another quarter mile before crashing into a concrete median.
From the time Seide asked Cobb to get out of the car until Londregan fired, the interaction lasted 80 seconds.
The only other use of deadly force by a trooper in recent years happened in April 2022. Megan Boser, a four-year member with the State Patrol, and Dale Haberer, with the Otter Tail County Sheriff's Office for 10 years, shot Charles Bangs, 59, outside of Bowlus, Minn.
Morrison County Attorney Brian Middendorf said that shooting was justified because Bangs was armed with a gun and pointed it at Boser. He cleared officers of any criminal liability.
The Minnesota Bureau of Criminal Apprehension (BCA) is declining interviews during the investigation, but the agency made clear that Cobb was not holding a gun at the time of the shooting. A firearm was recovered on the floor behind the center console of Cobb's vehicle.
"At no point on available video is Cobb II seen holding the gun," the BCA said in a statement.
Once the investigation is complete, the BCA will present findings to the Hennepin County Attorney's Office for review of potential criminal charges.
The trooper force-use rate was 44 incidents per 100,000 contacts with people last year and 55 incidents the year before, according to statistics from the Department of Public Safety. The vast majority of such incidents were troopers using their hands, not Tasers, batons or other weapons.
The I-94 segment where the shooting happened is routinely patrolled by troopers at night. Col. Matt Langer, the State Patrol commander, said that area also was a focus last year for cracking down on dangerous driving behaviors.
Staff writers Jeff Hargarten and Tim Harlow contributed to this report.
From small businesses to giants like Target, retailers are benefitting from the $10 billion industry for South Korean pop music, including its revival of physical album sales.
