Man hurt in shootout with Minneapolis police is charged

  • Article by: PAUL WALSH , Star Tribune
  • Updated: November 30, 2012 - 8:18 PM

A man shot three times while exchanging gunfire with police in south Minneapolis was charged Friday with first-degree assault.

David T. Embaye, 22, of Minneapolis, was wounded shortly after 11 p.m. Wednesday near E. 38th Street and Columbus Avenue S. after he ran for several blocks from a stopped vehicle, then shot at police, according to the criminal complaint. He is being treated at Hennepin County Medical Center for what authorities have called noncritical injuries.

Embaye is charged with three counts of first-degree assault and unlawfully possessing a firearm, given that he has a felony robbery conviction on his record from 2009.

The officers directly involved in the incident were Walter Alvarado, Omar Foulkes and Brandon Kitzerow. Alvarado started as a community service officer with the department in 2007. Foulkes started in 2006 and Kitzerow in 2001. The three and another officer who witnessed the incident are on standard paid administrative leave.

According to the complaint:

Officers on patrol heard gunshots and headed a few blocks toward 33rd Street and 10th Avenue to investigate.

About that time, the department's ShotSpotter system detected gunfire behind a home in the 3700 block of Elliot Avenue. The officers then heard another gunshot.

Police saw a car speeding south on Elliot toward 38th Street and could see Embaye ducking down in the back seat.

The officers went after the car and Embaye got out as it slowly moved.

One officer ran after Embaye and ordered him to stop while identifying himself as a police officer.

Embaye then fired several shots from a handgun at Kitzerow, who returned fire.

Two other officers joined in the pursuit, during which Embaye threw down his gun.

Officers apprehended Embaye as he struggled with them. They searched him and recovered $1,774, and they saw he had been shot three times in the torso.

Embaye's empty gun was recovered nearby.

Paul Walsh • 612-673-4482

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