Hennepin County Attorney: Deputies justified in killing during gunfight in Minnetonka

Mary Moriarty said they exercised restraint and did not resort to deadly force until it became necessary.

The Minnesota Star Tribune
September 12, 2024 at 9:57PM
The Hennepin County Sheriff's Office released body-worn camera video recorded on April 10, the day deputies exchanged gunfire with a Minnetonka resident who died at the scene. (Hennepin County Sheriff's Office)

The Hennepin County Attorney’s Office said Thursday that sheriff’s deputies were legally justified when they killed a man in Minnetonka during a shootout at his home.

Clint Lavelle Hoyhtya, 28, was shot multiple times during the fight late in the morning of April 10 at a home in the 13400 block of E. Crestwood Drive. Two deputies at the scene were shot and survived.

Deputies were serving an arrest warrant when gunfire erupted. Hoyhtya died at the scene. Dispatch audio and a law enforcement source also confirmed that Hoyhtya was not the subject of the warrant.

County Attorney Mary Moriarty said that her office reviewed the Minnesota Bureau of Criminal Apprehension’s (BCA) investigation and found no evidence of unlawful conduct by law enforcement during the encounter with Hoyhtya.

Two of the four deputies who shot at Hoyhtya were wounded during the exchange of fire. Christopher Heihn was hit multiple times, was taken to HCMC for treatment and has since been released. Keith McNamara was treated at the scene after being hit by shrapnel.

Moriarty said her office determined that the deputies acted lawfully, initially retreating to find cover, calling for a negotiator and attempting to persuade Hoyhtya to stop shooting. She said the deputies exercised restraint and did not resort to deadly force until it became necessary, namely when Hoyhtya shot at them.

“In our review of the BCA’s investigation, we found no unlawful conduct by law enforcement,” a statement from Moriarty read. “This was a terrifying incident that left [a sheriff’s] deputy hospitalized with a gunshot wound, endangered the lives of several other deputies and community members and led to the death of Mr. Hoyhtya.”

Along with being armed with high-powered rifle, Hoyhtya was wearing a protective armor vest during his clash with deputies, according to the BCA.

The gunfire came two months after the fatal shooting of two Burnsville police officers and a medic who responded after an hourslong standoff following a domestic abuse call. In that case, a gunman had barricaded himself inside the home with a woman and seven children. He died after turning his weapon on himself.

Since 2021 and through April 2024, the BCA has recorded more than 3,500 assaults on police officers. About 70% were simple punches, slaps or kicks, and a quarter were aggravated assaults. At least 140 assaults involved guns. Police were responding to disturbance calls nearly a third of the time.

Star Tribune staff writer Jeff Hargarten contributed to this report.

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