Washington County deputy 'had no choice' in Lake Elmo man's shooting death, attorney says

The defense attorney for a Washington County sheriff's deputy who pleaded not guilty Wednesday to second-degree manslaughter in the shooting of a Lake Elmo man said his client "had no choice" but to use deadly force.

Brian J. Krook, 31, who lives in Somerset Township, Wis., is charged with being culpably negligent and creating unreasonable risk shortly after midnight on April 12, 2018, when he shot 23-year-old Benjamin W. Evans at an intersection near Evans' home. Deputies were there responding to a 911 call of a suicidal man with a gun.

Krook is the state's third law enforcement officer in recent memory to be charged in an on-duty killing. St. Anthony police officer Jeronimo Yanez was charged with second-degree manslaughter and acquitted by a jury in the July 2016 killing of Philando Castile, and former Minneapolis police officer Mohamed Noor was charged and convicted of third-degree murder in the July 2017 shooting of Justine Ruszczyk Damond.

The evidence collected by investigators with the state Bureau of Criminal Apprehension (BCA) that led to Friday's grand jury indictment has yet to be released by prosecutors for the Ramsey County Attorney's Office, which is handling the case to avoid a conflict of interest in Washington County.

Grand jury indictments in Minnesota, unlike criminal complaints, do not offer a description of events supporting a charge. Kyle Christopherson, spokesman for the State Court Administrator's Office, said that the public will "have to wait for details about the charges until they are presented in court."

According to the BCA, deputies made contact with Evans near 34th Street and N. Lake Elmo Avenue as Evans held a gun and told officers he wanted to kill himself. Officers made repeated attempts to persuade him to put down the gun, the BCA said. At some point, Krook fired at Evans, striking him multiple times. The BCA said a handgun was recovered near Evans' body.

Evans had completed his studies to be a firefighter and was working as an emergency medical technician at the time of his death, the family attorneys said. Among his survivors is a 3-year-old daughter.

Defense attorney Kevin Short did offer a few specifics, pointing out in a statement that Krook and his fellow officers "encountered an armed, suicidal, emotionally disturbed man who refused many commands to put his weapon down."

"Mental health crises arising from domestic disputes are the most challenging and dangerous situations a police officer can face. Deputy Krook was faced with just such a situation," Short said. "When that young man's actions placed the lives of Deputy Krook and his fellow law enforcement officers in danger, Deputy Krook had no choice but to follow his training and use deadly force. I am confident that after all the facts are presented at trial, Deputy Krook will be completely exonerated."

Peter Sandberg, one of two attorneys for the Evans family, said they knew little about the shooting at the time of the indictment, and that their position remained the same Wednesday.

"We aren't in any better position to cross swords with anybody since none of us have the details of what happened," he said.

Krook's brief hearing came in a Stillwater courtroom filled with police and deputies in apparent support. Krook was freed without having to post bond after surrendering his passport. Judge Mary Yunker also apologized to Krook for the grand jury's indictment becoming public Monday, blaming a court error.

Minnesota's largest law enforcement union spoke highly of Krook and cautioned against prejudging the deputy's actions.

"There are still many facts of this case that must be considered, and Deputy Krook's right to due process is our top priority," read a statement from Law Enforcement Labor Services. "In the meantime, we caution against a making a rush to judgment until all the facts are known."

Disclosure of the indictment Monday came on the same day that Minnesota Attorney General Keith Ellison and state Department of Public Safety Director John Harrington announced formation of a working group that will focus on officer-involved shootings.

It also comes as law enforcement and the state look for ways to reform how police handle encounters with people with mental illness. At least 45% of the people who have died in forceful encounters with law enforcement in Minnesota since 2000 had a history of mental illness or were in the throes of a mental health crisis, according to a Star Tribune analysis.