Shivanthi Sathanandan's children wailed as four masked carjackers beat the Minnesota DFL leader in the driveway of her Minneapolis home. Guns, kicks and fists rained down her. Neighbors who tried to intervene were held back at gunpoint.
DFL leader hurt in Minneapolis carjacking as tougher penalties take effect
The Sentencing Guideline Commission upgraded penalties, which should result in longer sentences.
Sathanandan, the second vice chair of the party, shared a bloodied picture of herself while describing the experience in a social media post Wednesday. Writing that she suffered a broken leg, lacerations to her head and bruises, she said that she is filled with rage.
"I'm now part of the statistics," she wrote. "I wasn't silent when I fought these men to save my life and my babies, and I won't be silent now. We need to get illegal guns off of our streets, catch these young people who are running wild creating chaos across our city and HOLD THEM IN CUSTODY AND PROSECUTE THEM. PERIOD."
Minneapolis police are still searching for those suspects, who abandoned Sathanandan's vehicle hours after the assault. If they're caught and convicted under state prosecution, new state sentencing guidelines enacted last month could result in more prison time than before.
Carjackers in Minnesota will face harsher penalties following a new law and set of state sentencing guidelines that took effect Aug. 1.
Lawmakers voted this year to make carjacking its own separate offense, with the intent that carjackers face prison time similar to those convicted of aggravated assault. But, after more than 2,000 comments solicited from the public showed broad support for harsher penalties, the Minnesota Sentencing Guidelines Commission, which sets standards for prison sentences, upgraded the amount of time carjackers would serve.
Under Minnesota guidelines, the elements of carjacking are identical to the elements of robbery, except that a motor vehicle must be taken in the presence of the driver. For instance, third-degree carjacking is the equivalent of simple robbery, or taking property from someone by using or threatening force. Second-degree carjacking involves implying possession of a dangerous weapon, while first-degree carjacking requires the use of bodily harm or a weapon.
With the new guidelines, the commission ranked carjacking one severity level higher than its robbery counterpart, resulting in longer sentences. A sentence for first-degree carjacking convictions would now range from seven to 13 years, depending on the offender's criminal history score.
State Sen. Judy Seeberger, DFL-Afton, carried the bill to make carjacking its own offense. Seeberger said what happened to Sathanandan is horrifying, adding that many victims have reported similar experiences.
"[This is] an important step in continuing to hold criminals accountable," Seeberger said. "There's the argument that people who are intent on committing a crime aren't necessarily deterred by the penalties. But at the same time, if the law doesn't have any teeth then it's not going to be effective either."
Among those charged under the new law is Kyrees Darius Johnson, 23, who stands charged in Ramsey County with first-degree aggravated robbery and first-degree carjacking after he was shot while carjacking a driver at gunpoint. Johnson's criminal history includes three prior felony convictions.
"This new law was an effort by the Minnesota Legislature to create a new distinct crime. By doing this, we will be able to better track and count these cases as opposed to before where we were required to data mine our case management system or police records for cases that involved aggravated assault and auto theft," Ramsey County Attorney John Choi said. Prosecutors throughout Minnesota now have "more options in charging and resolving cases," he added.
In a statement, Hennepin County Attorney spokesperson Nicholas Kimball said that the office makes charging decisions on a case by case basis and assesses and "will look to use this law in appropriate cases."
"While it is important to be able to track cases that are prosecuted, it is also important to have fair and equitable outcomes in cases involving similar criminal conduct. With a higher severity level for robbing someone of a car versus other valuable important personal property like a wallet or purse that contains identification, debit or credit cards, and other sensitive information, it will be important to assess each case individually and prosecute appropriately," Kimball said.
For Minnesotans and people across the nation, such cases have become more common.
Carjackings surged in neighborhoods across Minneapolis in 2021, with 640 attempted or successful carjackings throughout the city at city intersections, parking lots and some victims' garages. It came at a rate of almost two per day, setting residents on edge and confounding law enforcement.
They have since continued to drop, to 390 by this time last year, and another 50% so far this year, with about 200 to date.
It's unclear how the law would affect prosecutions by Minnesota U.S. Attorney Andrew Luger, who pledged last year to devote the entire weight of his office toward carjackers, shooters and gang members. Luger's office declined to comment, explaining that the new guidelines are for state sentencing instead of federal.
Despite the drop in carjackings, auto thefts, an often less-violent crime where vehicles are taken without the driver present, continued.
State Sen. Warren Limmer, R-Maple Grove who advocated for the increased penalties, believes the Ramsey County Sheriff's Office's work to investigate and prevent auto thefts is effective because it brings greater chances for prosecution. He hopes the new sentencing guidelines work to deter thefts in a similar way, but added that carjacking is a crime that will not go away anytime soon.
"There needs to be a consequence for this intrusion into someone's privacy and the taking of one's property. If the victim is of low income, that car is a life link to their job, to getting groceries, for their family," Limmer said. "This is something that we've got to try, and I think it's absolutely necessary."
Some, like Sen. Ron Latz, DFL-St. Louis Park, worry that the new guidelines are misplaced. Latz said many carjackers are not caught and convicted, which would deter them from committing the crime.
"There are a lot of factors involved here, so I kind of doubt the efficacy of this change for purposes of deterring crime," Latz said. "There's plenty of resources on the prosecution side. I think the resources need to go into finding and catching the criminals, and that's where we have issues in regards to whether we have sufficient law enforcement numbers in communities — whether we have sufficient information to track down the criminals."
Sathanandan, who did not respond to messages seeking comment, thanked Minneapolis police, friends and family for rallying around her after the carjackers inflicted such trauma "with no hesitation and no remorse."
"You could have been reading the obituary for me and my children today. But instead I'm here. To write this," she said. "Look at my face. These criminals will not win. We need to take back our city. And this will not be the last you hear from me about this."
Star Tribune staff writer Rochelle Olson and data reporter Jeff Hargarten contributed to this story.
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