Prosecutors lay out case in Waseca farmhouse killings

Updated: January 5, 2009 - 8:49 PM

Prosecutors lay out case in trial of suspect in Waseca killings.

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OWATONNA, MINN. -- Authorities believe Michael Zabawa killed two members of a family and wounded a third at a farmhouse near Waseca, Minn., in February 2007 because he didn't want any witnesses to two minor crimes, according to motions presented Monday in Steele County Court.

Prosecutors want to admit information about Zabawa's drunken driving arrest to show a possible motive for the shootings, but defense attorneys argued that it could be prejudicial.

Zabawa, of Matawan, Minn., is charged with killing Tracy Kruger and his son, Alec, and trying to kill Hilary Kruger, Tracy's wife, while they slept. Zabawa's truck was found in a ditch near the Kruger house, and their vehicle was found near his house.

According to motions filed in court, Zabawa was arrested for driving while intoxicated in November 2006, and was not supposed to be drinking or driving. "Defendant committed the crimes charged in the indictment in order to avoid leaving any witnesses to those minor offenses and to enable his use of their SUV," prosecutors say.

Zabawa had been drinking that night, but was not under the influence of any other drugs, documents say.

Hilary Kruger, who was shot and left for dead, was among the family members present in the courtroom Monday.

The judge will rule on that matter before the trial starts in Rochester on Feb. 23.

JON TEVLIN