Myon Burrell addresses Hennepin District Judge Mark Kappelhoff at his sentencing for drug and illegal weapons possession, saying he has strived to be a better person for himself, his community and family. (Pool video)

Hennepin County District Judge Mark Kappelhoff weighed the contradictions of Myon Burrell’s case and life as the courtroom, packed with Burrell’s supporters, looked on.

His chin resting in his hand, Kappelhoff called the situation in front of him “extraordinary.”

Burrell, who had a life sentence for murder commuted in 2020 after spending nearly two decades in prison, was again in the system, having been convicted three months ago of illegal possession of a firearm and fifth-degree drug possession. And Kappelhoff had already handed down a five-year sentence.

Now, the judge was considering a request by Burrell’s attorney, Paul Applebaum, to release him from custody while the case is appealed. Kappelhoff heard emotional statements from community leaders about why Burrell should be allowed to stay out of prison, and he spoke plainly about what he saw as a pattern of criminal behavior by Burrell.

After an extensive examination of his process, Kappelhoff denied the request. As Burrell was taken into custody, he told his supporters, “Y’all don’t stop fighting.” His sister, before telling Kappelhoff that he had made the wrong decision, asked if she could hug her brother. A sheriff’s deputy told her it wasn’t allowed.

Hennepin County Judge Mark Kappelhoff tells Myon Burrell at his sentencing that although he admires his efforts to succeed, he was in illegal possession of a firearm and illicit drugs. “I look at you as two sides of a coin,” he said. (Pool video)

It was the latest legal hurdle for Burrell, 38, and stemmed from a traffic stop on Aug. 29, 2023, in Robbinsdale. A police officer who had pulled over Burrell for erratic driving found a loaded Glock 9-millimeter handgun with an extended magazine in his SUV’s front center console and 37 MDMA and methamphetamine pills in the backseat.

Burrell and his defense team are appealing the legality of the traffic stop.

On the eve of a scheduled jury trial this year, Burrell waived his right to testify and sought a trial by judge.

In a 20-page ruling issued in September, Kappelhoff found him guilty of both counts, concluding that the prosecution had proved beyond a reasonable doubt that Burrell knowingly and unlawfully possessed the firearm and drugs in his vehicle. His DNA was found on both items.

At the time of the arrest, Burrell had been out of prison for three years after the Minnesota Board of Pardons had agreed to release him from a life sentence in the 2002 fatal shooting of 11-year-old Tyesha Edwards. Burrell has long maintained his innocence in the child’s death.

While the specifics of that case were not under consideration on Thursday, the hearing often felt like a referendum on recidivism, the difficulties of prisoner re-entry into society and the question of what constitutes a risk to public safety.

Those questions swirled around Burrell. He spoke several times to the court, showing his contrition, explaining there was no excuse for his behavior but that he was building a better life for himself in the wake of his latest legal troubles.

He also said he was learning to live again after being sentenced to life at age 16 and while trying to process what had happened to him during his time in prison.

Several prominent people addressed the court on his behalf, including Elizer Darris, the co-executive director of the Minnesota Freedom Fund; Jon Geffen, who runs the Legal Revolution; and Leslie Redmond, the former president of the Minneapolis NAACP.

They spoke of Burrell’s powerful work with young people to try to keep them from being incarcerated. They spoke of his employment with Geffen’s law firm and All Square, a restaurant in south Minneapolis that works with people recently released from prison.

They also spoke about the missed opportunity they felt in not helping Burrell avoid the situation that put him back in front of Kappelhoff.

“One of my great regrets was not being as present as I could have been, as I should have been,” Darris said.

Burrell’s father, Michael Toussaint, told Kappelhoff that he felt responsible. Toussaint was in prison for 10 years while his son was a baby, and he expressed regret for not being there as much as he should have once his son was released from prison.

As people spoke on his behalf, Burrell wiped away tears.

Senior Assistant County Attorney Cheri Townsend followed those appeals with legal precision, saying the state simply opposed the motion to release Burrell because of concerns about public safety.

“I am going to rely mainly on the law as it relates to these applications for stays pending appeal,” Townsend said. “They’re highly unusual.”

Kappelhoff said Burrell needed to satisfy several elements of his appeal for release before it could be granted: that the appeal is not frivolous or just an effort to delay; that there is no risk Burrell would miss a court appearance; and that there is no risk he would commit a serious crime, intimidate witnesses or interfere with the “administration of justice.”

Kappelhoff said Burrell had satisfied them all, except the risk that he might commit a serious crime.

In the Robbinsdale traffic stop last year, an officer said smoke billowed out of Burrell’s SUV’s window when he rolled it down. That led to the vehicle’s search and discovery of the drugs and gun.

Burrell is challenging the legality of the stop, an appeal that has been litigated through body camera and dashboard footage. That case, however, is not Burrell’s only run-in with law enforcement since his release from prison.

Last May 10, he was charged with an additional count of fifth-degree drug possession after a small amount of methamphetamine was found in his car during a traffic stop and a suitcase holding $60,000 was discovered in his home.

A few months later, Burrell was arrested in Burnsville on suspicion of driving while impaired, and police found marijuana in his car.

Both of those cases are pending, and Kappelhoff noted that Burrell is innocent until proved guilty. But the judge said the cases cast serious doubt on Burrell’s ability to prove there was no risk he would commit a serious crime.

“I understand Mr. Applebaum happily pointed out they aren’t the most serious offenses, but they occur while two other cases are pending,” Kappelhoff said. “That’s the third in a series and there’s a pattern.”

Kappelhoff, who worked for years in the Civil Rights Division of the U.S. Assistant Attorney General, said he wrestled with this case.

“I see the community; I hear the community,” he said. “But my job is to apply the law based on what I see, based on the facts before me.”

The judge ultimately ruled that Burrell hadn’t met the burden of proof. He was sentenced to five years in prison. With credit for time served and good behavior, Burrell could be released in three years. Or, if the case is overturned on appeal, he could be released sooner.