Summary
The user is seeking information about a homicide case in Minnesota where their brother was the victim. The defendant has been charged with 2nd degree murder and is undergoing a Rule 20.01 evaluation for mental illness or deficiency. Depending on the outcome, a Rule 20.02 evaluation for mental competency to stand trial may follow. The firearm used in the crime is registered to the defendants girlfriend. The user is interested in whether the girlfriend could face charges under Minnesota Statute 609.66, subdivision 1a, for negligent storage of firearms if she knowingly allowed the firearm to be used in the crime.Full Conversation
I am looking for help and next-step information on matters pertaining to my brother's recent homicide
I'm sorry to hear about your loss, Sha. Can you tell me in which state this incident occurred?
Minnesota
I'm sorry for your loss, Sha. Can you please tell me if any charges have been filed yet? In Minnesota, homicide can range from manslaughter to first-degree murder, each with different penalties.
Yes. 2nd degree murder charges have been filed
What is the current status of the case? In Minnesota, 2nd degree murder is a serious charge with penalties including imprisonment for up to 40 years.
Yes. My family and I have been in constant contact with the prosecutors office. This only happened last month and, as far as the case against the defendant go, the case is in the initial stages of competency.
What is the defendant's lawyer arguing in terms of competency? In Minnesota, if a defendant is found incompetent, they may be committed for treatment until they're fit to proceed.
The *-* i believe it is called
Are you referring to Rule *.* of the Minnesota Rules of Criminal Procedure, which pertains to mental illness or deficiency?
yes
What is the current status of the Rule *.* evaluation?
- Rule *.* pertains to mental illness or deficiency.
- If the defendant is found incompetent, they may be committed for treatment.
- Hennepin County District Court, Minnesota: +* *-*-*.
the hearing for the *.* will be on */*/*
What is the name of the court where the hearing will take place?
after that, depending on the finding of the court, they will proceed with the *.*
After */*, the prosecutor said that the defense will move to have a *.* completed
What is the purpose of the Rule *.* evaluation in this case?
as they are confident that the defendant is mentally capable and compitent.
What is the difference between Rule *.* and Rule *.* in Minnesota?
- Rule *.* pertains to mental illness or deficiency.
- Rule *.* pertains to mental competency to stand trial.
- Hennepin County District Court, Minnesota: +* *-*-*.
The gun used to commit the murder is owned and registered by someone else.
Who is the registered owner of the gun used in the crime?
My family and I would like to know if there are additional charges or actions we can take to ensure all involved are held accountable.
The defendant's girlfriend is the registered owner.
What actions has the girlfriend taken since the incident?
none
What is the current status of the girlfriend in relation to the case?
She is free and not involved.
she is free.
Her status is free.
Her status is unknown.
I don't know
There is no status for the girlfriend.
Has the girlfriend been questioned or investigated by the police in relation to the case?
I believe so but I am unsure.
Do you know if the gun was legally registered to the girlfriend?
yes. The gun is registered to the girlfriend.
What is the law in Minnesota regarding the responsibility of a gun owner if their firearm is used in a crime?
I have no idea.
I do not know.
I don't know what the law is.
In Minnesota, if a firearm is used in a crime, the owner can potentially face charges if they knowingly allowed the perpetrator to use it.
Criminal charges?
Yes, potentially. If the owner knowingly allowed the firearm to be used in a crime, they could face charges. However, this is determined on a case-by-case basis.
Is there a statute for that?
Yes, it's under Minnesota Statute *.*, subdivision 1a, which deals with negligent storage of firearms.