A man who has previously exhibited bizarre and criminal behavior at the Mall of America in Bloomington, Minnesota is being held for attempted murder after throwing a five-year-old child from a third-floor-balcony Friday morning.

The early allegations in this case point towards a first-degree murder indictment and premeditation is often not required

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A man who has previously exhibited bizarre and criminal behavior at the Mall of America in Bloomington, Minnesota is being held for attempted murder after throwing a five-year-old child from a third-floor-balcony Friday morning. The child sustained life-threatening injuries and was taken to Children’s Hospital in Minneapolis.

The suspect, Emmanuel Deshawn Aranda, 24 was arrested for attempted murder by the Bloomington Police after he first fled from the mall to a nearby transit system. Aranda was previously accused in July 2015 of randomly tossing items from t higher balcony and once throwing a glass at a woman in a restaurant located in the mall. 

Mall Interior

The Duluth Tribune reported that the unidentified boy was thrown about forty feet but is still alive and fighting for his life. Bloomington Police Chief Jeff Potts said at a press conference at noon Saturday.

“I know there’s been some reports and some concerns about whether or not he is still alive,” Potts said. “He is still receiving care. We just want to acknowledge that this is a horrific situation. The family and this child are in our thoughts and prayers.”

Noah Hanneman, who says he is a friend of the family, set up A Gofundme page. Hanneman said “Their family is always so generous to others,” he wrote. “They give without expecting anything in return and are the type of family you always hope to live next door,” the Duluth Tribune wrote.

OUR FREE OPINION

It is likely that defense lawyers will pursue a mental illness defense in this case. Otherwise, the early alleged facts of this case point towards a first-degree murder indictment. In Minnesota, first-degree-murder cases are presented to a Grand Jury for consideration of an indictment. State prosecutors (called County attorneys or their assistants) may charge a defendant with a lesser degree of murder by issuing a “Complaint” and then take the case to a Grand Jury.

The sentence in Minnesota for “Murder 1” is life without the possibility of parole. The state does not have a state death penalty. Interestingly, all states are subject to federal death penalty statutes.

Many people believe a prosecutor has the burden to prove intent and premeditation to achieve a first-degree murder conviction.  However, in Minnesota,  the prosecutor can prove the first-degree case under a number of circumstances. See 1-7 below.

609.185 MURDER IN THE FIRST DEGREE- MINNESOTA 

(a) Whoever does any of the following is guilty of murder in the first degree and shall be sentenced to imprisonment for life:

(1) causes the death of a human being with premeditation and with intent to effect the death of the person or of another;

(2) causes the death of a human being while committing or attempting to commit criminal sexual conduct in the first or second degree with force or violence, either upon or affecting the person or another;

(3) causes the death of a human being with intent to effect the death of the person or another, while committing or attempting to commit burglary, aggravated robbery, kidnapping, arson in the first or second degree, a drive-by shooting, tampering with a witness in the first degree, escape from custody, or any felony violation of chapter 152 involving the unlawful sale of a controlled substance;

(4) causes the death of a peace officer, prosecuting attorney, judge, or a guard employed at a Minnesota state or local correctional facility, with intent to effect the death of that person or another, while the person is engaged in the performance of official duties;

(5) causes the death of a minor while committing child abuse, when the perpetrator has engaged in a past pattern of child abuse upon a child and the death occurs under circumstances manifesting an extreme indifference to human life;

(6) causes the death of a human being while committing domestic abuse, when the perpetrator has engaged in a past pattern of domestic abuse upon the victim or upon another family or household member and the death occurs under circumstances manifesting an extreme indifference to human life; or

(7) causes the death of a human being while committing, conspiring to commit, or attempting to commit a felony crime to further terrorism and the death occurs under circumstances manifesting an extreme indifference to human life.

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