An Appeals Court on Monday reversed a jury’s conviction of a man charged with participating in the murder during an ambush robbery of a St. Paul man who was steps away from arriving home after a day’s work.
The three-judge Court of Appeals panel decided there was insufficient evidence to support the jury’s guilty verdict against Detwan Cortell Allen, 21, of aiding and abetting second-degree intentional murder in connection with the shooting of Alex Becker, 22, on Dec. 27, 2022, in an alley in the 500 block of W. Lawson Avenue.
The shooter, 22-year-old Arteze Owen Kinerd, is serving a 30-year sentence handed down in June. A third defendant was acquitted by a jury in December 2023.
The reversal does not send the case back to Ramsey County District Court for retrial, but prosecutors have the option to appeal the ruling to the state’s highest court.
“We are disappointed in the outcome and are reviewing the appellate court’s decision in this case,” said Dennis Gerhardstein, spokesman for the County Attorney’s Office. “We have 30 days to consider whether a petition for review to the Minnesota Supreme Court is warranted in this matter.”
If the conviction had been upheld Monday, Allen, of Minneapolis, would have been imprisoned until June 2043 followed by 10 years of supervised release.
Despite Monday’s victory, Allen remains locked up for his sentence in October to a 6¾-year term for an armed robbery he committed with Kinerd in St. Paul 2½ weeks before Becker’s death.
In its ruling, the appeals panel found the jurors should have equally considered the possibility Allen did not know Kinerd intended to shoot Becker as much as they inferred he did know of Kinerd’s deadly intent.