A Red Lake mother who set off a statewide Amber Alert in March is charged with killing her two sons and setting their home on fire.
Red Lake mom who set off Amber Alert charged in sons’ killings
Jennifer Stately is accused of killing her two sons and fleeing with her toddler, subject of the alert.
The Minnesota Star Tribune
May 6, 2024 at 10:29PM
Jennifer Stately, 35, is accused of stabbing Remi and Tristan Stately, ages 6 and 5, March 15 before fleeing with her 3-year-old son, according to a federal indictment filed Monday. One boy died from a stab wound, and the other died of smoke inhalation.
Authorities issued an Amber Alert for the abducted toddler. An hour later, a motorist spotted the vehicle and called 911. Deputies in Todd County stopped Stately and found the child covered in wounds.
“This tragic case demonstrates the importance of close working relationships between the U.S. Attorney’s Office and our state, federal and tribal law enforcement partners,” said U.S. Attorney Andrew Luger in a statement. “Together, we are able to bring charges swiftly in cases such as this on behalf of the most vulnerable among us.”
The indictment charges Stately with premeditated murder, murder in the course of committing child abuse, murder in the course of committing arson, arson and felony child neglect.
Remi and Tristan’s school and community held vigils and ceremonies to mourn their loss in the week after they were killed. Superintendent Tim Lutz said the brothers were in Head Start and first grade.
Both boys were born in Bemidji to Jennifer Stately and Brian Graves Jr. Remi’s obituary described him as a “smart, funny, loving little boy” who loved to play with his brothers. Tristan, an outgoing spirited little boy, “was protector of his brothers, even though he was the middle child,” his obituary read.
Changing jurisdictions
The federal indictment comes a week after prosecutors in Todd County dismissed child abuse charges against Stately in anticipation of the case moving jurisdictions.
The Todd County Attorney’s Office declined to comment. Prosecutors there initially charged Stately with child torture, abuse, neglect and third-degree assault of her toddler — not murder.
Officials had previously declined to say whether Stately was accused of killing her sons in the house fire and if the fire was somehow connected to the Amber Alert.
Assistant public defender Jessen Alexander declined to comment. In a motion filing, he argued that Stately “has a constitutional right, state and federal, to be tried before a jury from the county in which the acts are alleged to have occurred.”
The alleged crimes happened in Red Lake, so under Public Law 280, jurisdiction would typically shift from federal to state courts for offenses involving Native Americans in Indian Country. But the Red Lake Band of Chippewa is not subject to the law because of unique treaty considerations.
Attempts to reach the boys’ father were unsuccessful. Messages were also left with the Red Lake Tribal Council.
The indictment said that Stately deprived the toddler of food, clothing, shelter, health care and supervision between Dec. 28, 2023, up until the day of his abduction and the deadly fire.
Stately “willfully and maliciously set fire to the building at 14320 Circle Pine Road in Red Lake … and the fire placed the life of another in jeopardy,” according to the indictment.
About 95% of the toddler’s face and body was covered in wounds that hospital staff believed could be from a burn caused by heat.
“[He] had a very strong smell of body odor, as if he had not been washed or changed in a few days,” the initial state charges said. “His cheeks were red and the sores appeared to be bleeding. … His feet were full of scabs that appeared to be a mix of old and new wounds. [He] did not seem to want to stand on his feet due to pain.”
BCA Superintendent Drew Evans said in a phone interview Monday that authorities moved swiftly “to ensure that accountability is there … for the children that unfortunately lost their lives.”
“I’m very proud of our Amber Alert system and partnering with our federal law enforcement partners with the FBI and Red Lake Nation to issue that alert so there wasn’t even a greater tragedy by being able to recover that child safely.”
FBI Special Agent Alvin M. Winston Sr. said in a statement that the collaborating agencies “stand united in seeking closure and healing for the affected family and their community.”
Correction: A previous version of this story incorrectly said how many people were at the home when the attacks began based on a redaction in the indictment. Jennifer Stately and her children were the only ones in the house, according to new information provided to the Star Tribune.
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