This is a very sad story. Here are two small snippets that establish the scene...
When the gunman who had been tormenting the group told Henderson to go to the window to see if any police were outside, Henderson took his chance and made a beeline for the door. The kidnapper opened fire at him in response but missed. As Henderson bolted out the door toward them, Woodbury police opened fire and cut him down.
A terrible response from the police officers - who
apparently heard the shot, which was immediately followed by a man darting from the room "toward them". I'm guessing that the two actions, that close together, prompted the officers to
assume that the
runner had shot someone, was still armed, and was making a break for it. They didn't hesitate long enough to ascertain that he
did/did not have a weapon. No excuse is acceptable for intentionally shooting an unarmed, non-threatening person. Criminal prosecution for manslaughter (at the least) is appropriate for those whose bullets ended this man's life.
The man responsible for the nearly four-hour standoff with police at the Red Roof Inn near Valley Creek Road -- Demetrius S. Ballinger, 25, of North St. Paul -- is being held in the Washington County jail. He is expected to be charged Tuesday with aggravated robbery, first-degree criminal sexual conduct and kidnapping, police said.
It appears from this article that Minnesota has no law allowing Ballinger to be charged with murder. There is a rule of law that holds that
...if a killing occurs during the commission or attempted commission of a felony (a major crime), the person or persons responsible for the felony can be charged with murder.
But,
murder isn't listed among Ballinger's expected charges.
Pax...