Jury weighing case of planned attack on pregnant girlfriend

Prosecutors said the two punches led to a premature birth, and the baby died nine days later.

By CHAO XIONG, Star Tribune

Last update: October 30, 2009 - 12:16 AM

Dameon Gatson hatched an alibi before hiring a friend to punch his pregnant girlfriend in the stomach to kill the fetus, prosecutors said Thursday during closing arguments in his murder trial in Minneapolis.

Jurors must decide whether Gatson, 25, of Hopkins intentionally triggered events that led to his daughter's premature birth in April 2007 and her death nine days later after severe bleeding in the brain. They deliberated for more than four hours Thursday and will continue today.

Defense attorney Emmett Donnelly argued that prosecutors had failed to show that Gatson planned or helped carry out the attack on Shyloe Linde with the intent to kill the fetus.

Prosecutors said Gatson lied when he told Linde he'd be in Missouri that weekend and called her twice to confirm her location. Their case was dealt a severe blow when the admitted attacker, Paul A. Petersen, refused to testify earlier this week.

Petersen earlier admitted punching Linde for $40. He pleaded guilty last December to second-degree murder and first-degree assault and is serving 40 years.

Charges say that on April 21, 2007, Petersen went to a St. Louis Park apartment and asked for Linde, then six months pregnant, and punched her twice. When she gave birth by Caesarean section the next day, the baby weighed 2 pounds.

Prosecutors asserted that Gatson intimidated Petersen out of testifying, but Donnelly rejected the allegation.

Prosecutors Amy Sweasy and Thad Tudor attempted to introduce transcripts of interviews between Petersen and police in lieu of testimony, but Judge Daniel Moreno denied the motion.

According to the transcripts, which Donnelly called hearsay, Petersen said that Gatson solicited his help because he didn't want to pay child support. Prosecutors said Gatson picked up Petersen, drove him to the St. Louis Park apartment and waited at a nearby gas station. "I really, really am deeply sorry this happened," Petersen said.

Through questioning, the defense pursued the notion that removal of life support -- not Gatson's alleged actions -- killed the baby, Destiny. County medical examiner Dr. Andrew Baker replied, "Her inability to breathe on her own caused her to die."

Chao Xiong • 612-673-4391

Recent West Metro stories

Motorcyclist killed in Wright County crash - October 30, 2009

Motorcyclist killed in Wright County crash - A 56-year-old man was killed Sunday afternoon, when he apparently lost control of his motorcycle in Wright County and went off the road, authorities said. More