Burnsville man accidentally shot friend after night of drinking, charges say

  • Article by: JOY POWELLjoy.powell@startribune.com
  • Updated: November 24, 2009 - 9:30 PM

Charges say the friends were drinking, then returned home. Facts are blurry, but one man ended up dead.

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A night of heavy drinking, a loaded pistol and drunken horseplay led to charges Tuesday against a Burnsville man, who stands accused in the manslaughter death of his friend.

Michael Cody Schwartz, 25, of Burnsville was charged with second-degree manslaughter, reckless discharge of a firearm, and two misdemeanor weapons charges in connection with the death of Logan Ahlers, 25, early Saturday in a Burnsville apartment.

"It sounds like they were very good friends," said Dakota County Attorney Jim Backstrom. "It's a tragedy any way you look at it. Unfortunately, we have a death in our community, and I believe criminal charges are appropriate."

A complaint filed Tuesday in Dakota County District Court said a witness described both the victim and the suspect as "extremely smashed" early Saturday, before Schwartz picked up the gun. The witness, who had been drinking with the pair, told police that his cousin, Schwartz, had just cocked a .40-caliber Glock pistol when Ahlers rushed into Schwartz's apartment "and began wrestling around with him like he was playing."

Seconds later, Ahlers lay bleeding to death of a gunshot wound to the neck.

"It's an example of the dangers of mixing alcohol with guns," Backstrom said. "It can be, and in this case was, a deadly combination. We are alleging this death was caused through culpable negligence -- basically taking an unreasonable risk and discharging a firearm while under the influence of alcohol."

According to a criminal complaint:

Ahlers, Schwartz and Schwartz's cousin drank at a neighborhood bar until 2 a.m. Schwartz told police that the other two left without him and headed back to his apartment building in the 2700 block of Selkirk Avenue. He said he was annoyed, so he went home, went up to his apartment alone, got his pistol and tucked it into his waistband.

Ahlers, who had been staying with people in the Burnsville area, called and wanted to be let into the secure apartment building, but Schwartz wouldn't let him in, he later told police. Instead, Schwartz went to the parking lot, where he sat in his truck with the loaded gun.

Then, after his cousin spotted him in the truck, brandishing the gun, Schwartz and his cousin headed up to the apartment. Schwartz showed the cousin his gun, and then racked the slide, loading a live round into the chamber, the cousin told police.

The cousin and Schwartz gave differing accounts of what happened next.

The cousin said the door opened and somebody rushed into the apartment, and the cousin didn't immediately realize it was Ahlers. The cousin said Ahlers grabbed Schwartz as if playing, and moments later, the gun went off. Ahlers collapsed and the cousin tried to help him.

Schwartz called 911.

When police arrived, Schwartz claimed that someone had walked into his apartment when he had his gun in his hand, and that the person grabbed his gun and it went off.

He went on to alter the story, saying that he and his cousin found Ahlers lying on the floor of the apartment hallway and told him to get up, and all three went into Schwartz's apartment.

Schwartz told police he knew the gun was loaded, but he took it out and may have pointed it in the general direction of the victim. He also said that when he began calling Ahlers a "jackass," Ahlers grabbed for the gun, and the two of them struggled.

Schwartz claimed that Ahlers must have pulled the trigger.

Schwartz made his first court appearance Tuesday in Hastings. He was held in lieu of $150,000 bail without conditions or $75,000 with conditions.

Joy Powell • 952-882-9017

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