Minnesota Appeals Court: Cars doing 'donuts' can be termed dangerous weapons

Judges can consider cars doing high-speed burnouts as dangerous weapons under certain circumstances, according to a Minnesota Court of Appeals ruling Monday that reverses the dismissal of two felony cases against an alleged promoter of the daredevil escapades.

The three-judge panel's ruling hands a victory to the prosecution and sends back to the Hennepin County District Court two second-degree riot with a dangerous weapon cases filed last year against Ayyoob Abdus-Salam, 25, of Minneapolis.

The charges were justified, the decision read, because "the state presented facts that the defendant knew that the cars would be driven with passengers hanging from them and in a reckless manner dangerously close to onlookers, during an illegal intersection 'take-over.' "

The ruling went on to explain that District Court Judge Shereen Askalani "focused only on whether [the] participants' use of the cars intentionally or actually caused serious injury [but] failed to address the alternative legal question of whether a jury could find that the cars were used in a manner 'likely to' cause death or great bodily harm."

In a statement Monday, Hennepin County Attorney Mary Moriarty praised the Court of Appeals decision.

"The use of riot charges in these cases played an important role in getting this dangerous conduct under control," she said. "This driving conduct presents a significant safety risk to the drivers, the vehicle occupants, spectators, and the community in general. We are pleased the Court of Appeals recognized the recklessness and danger involved. With warmer days coming we will continue to partner with state and local law enforcement to deter this conduct and file appropriate charges against those who knowingly and willingly place others at risk."

The allegations against Abdus-Salam focused on two thrill-seeking gatherings in 2022 that prosecutors alleged he organized: one on April 9 in Minneapolis and another on April 23 in Brooklyn Center.

In connection with the Minneapolis gathering, "vehicles were lining all sides of the intersection" of 2nd Street and N. 22nd Avenue, the complaint read, describing a gathering of brightly colored Dodge Chargers in the midst of vehicles at times stacked up to five deep as a large group of people swarmed the scene.

A green Charger did "donuts in the intersection with a person hanging a majority of their body out the car," the court filing continued. "Another person is seen getting onto the vehicle and is hanging [on] while the spinning continues. … The purple Charger enters the intersection with multiple people hanging off each side."

Yet another Charger joined in and struck a spectator. Undaunted, the driver continued going in circles for three minutes, the complaint noted.

This was the same intersection where 19-year-old Vanessa Jensen, of Lindstrom, Minn., was shot and killed 10 months earlier during a burnout takeover. No one has been charged in her death.

On April 23, about 100 people were at the intersection of Shingle Creek Boulevard and Summit Drive in Brooklyn Center, where a red Dodge Charger started "spinning at high speeds in tight circles" while three passengers were hanging out of the passenger-side windows, the complaint read. "At times," the charging document continued, "the vehicle whips dangerously close to spectators on foot."

Abdus-Salam was among those in the car who were arrested afterward, according to the complaint.

"Street racing causes a massive disturbance to public peace and public safety," Dan Mabley, chief criminal deputy county attorney, said last summer. "These individuals have been destructive to public and private properties … and these takeovers have been the sites of numerous other criminal activities like shootings and homicides."

The day after Jensen's death, 17-year-old Nicholas Enger, of Cambridge, Minn., died when he was shot while watching street racing on E. Lake Street, where Hiawatha Avenue passes overhead. No one has been charged in his killing.

Last week, 21-year-old Markques A. Floyd, of Little Canada, was sentenced to a 30-day term for hitting and critically injuring a 14-year-old boy and slightly injuring two other teenagers while doing tire-squealing burnouts in downtown Minneapolis nearly two years ago. Floyd pleaded guilty to felony criminal vehicular operation in connection with the late-night incident on May 21, 2021, when "a large group of hot-rodders" gathered near N. Border and Third avenues, the criminal complaint read.