Order releasing body-camera video of Fergus Falls man's shooting by police could set legal standard

A Ramsey County judge has ordered the release of body-camera footage from a nearly year-old police killing of a Fergus Falls man following a legal effort from a police accountability group.

Ramsey County Judge Mark Ireland's Thursday ruling in favor of Communities United Against Police Brutality (CUAPB) could set a precedent that in some cases the public has a right to such videos regardless of whether investigations are ongoing.

The Minnesota Department of Public Safety (DPS), which possesses the body-camera video of Charles Francis Bangs' deadly April 2022 encounter with law enforcement, refused to give it to CUAPB because it said the video was part of a still-active investigation. The group sued in June 2022, and Ireland's Thursday court order arrived after he heard arguments from both parties in December. The DPS now has 30 days to release the video to the group.

"The law states that body-worn camera video of a police shooting is public. But while a matter is under investigation, the investigating agency can withhold the data from public scrutiny," said Paul Bosman, an attorney for CUAPB. "The problem is that the exception swallows the rule, with the BCA often withholding video in police killings for over a year."

In a statement, DPS spokesman Howie Padilla said: "The Department of Public Safety initially withheld video evidence in this case as a result of open criminal investigations beyond the law enforcement-involved shooting. DPS will work diligently to ensure the release of that video occurs as soon as possible and within the 30 days required by the court's order."

Bangs, 59, was killed during an encounter with officers of the West Central Drug Task Force. Bangs died of multiple gunshot wounds during the incident, which took place outside the small town of Bowlus, Minn., near Little Falls. A Minnesota state trooper and an Otter Tail County sheriff's deputy fired their weapons during the encounter. Another man, Michael G. Johnson, also of Fergus Falls, was injured by gunfire during the incident, the DPS said at the time.

In his order on Thursday, Ireland pointed out that the state's Government Data Practices Act allows anyone to bring an action in the district court located in the county where the data are being maintained to authorize disclosure of investigative data. The court may order that all or part of the data be released to the public or the person filing the lawsuit.

Last month, CUAPB argued in court that "the effectiveness of law enforcement is contingent on the cooperation of the community," and that withholding the video undermines community confidence. It also stated that releasing the video would be consistent with the group's mission.

The DPS countered that there was little public interest in releasing the video while the investigation remained open because the encounter took place in a lightly populated area and generated little press coverage.

Ireland reviewed the video before issuing his order, and he concluded that the passage of time since Bangs' death lessened the chances that releasing the video would interfere with an active investigation. Ireland wrote that statements have likely already been taken by investigators and pointed out that the Morrison County Attorney's Office already decided against charging any of the law enforcement officers with a crime related to Bangs' killing.

Ireland added that the passage of time also lowered the chances that the video's release would incite violence or endanger anyone, another consideration made by judges when asked to order the release of such footage.

The judge further wrote that he found that releasing the footage "would benefit the public's understanding of what happened, whether the use of force was justified and why or why not law enforcement officers were charged or disciplined." That, he wrote, was consistent with CUAPB's mission and the interests of its members.

"Although this was not a high-profile, officer-involved shooting, that is not a sufficient basis to deny CUAPB access to the [body-worn camera] video," Ireland wrote." CUAPB has a legitimate interest in transparency and accountability."

Staff writer Tim Harlow contributed to this report.