MINNEAPOLIS — In an emotional court hearing marked by tearful impact statements from the family of murder victim Steve Markey, Hennepin County Judge Michael Burns rejected a plea offer Monday that would have kept one of the defendants out of prison.
"We're grateful that he made that decision, which was a brave decision," the victim's sister Susan Markey said after the hearing, adding that her family was surprised by the decision because negotiated plea agreements are rarely rejected.
Husayn Braveheart is now 20 years old but was 15 when he and 16-year-old Jared Ohsman attempted to carjack Markey and ended up shooting the 39-year-old to death. Both teens fired their guns -- Ohsman shot Markey at close range and Braveheart fired at Markey's car as he tried to escape, according to prosecutors.
Markey's family protested the plea deal as too lenient and pleaded with Judge Burns to reject it. Hennepin County Attorney Mary Moriarty informed them of it just days before Braveheart pleaded guilty in August.
About two hours into the sentencing hearing, Judge Burns said he does not believe Braveheart is particularly amenable to probation.
The court scheduled a hearing for December, with Judge Burns stating that if the case is not resolved by that point, the case will need to move to trial.
Pleas from the victim's family
Friends and family of Markey packed Judge Burns' courtroom in hopes he would reject the plea. Their victim impact statements, given before Burns' decision, included a mix of remembering their loved one and how his death affected them, and criticizing Morarty's decision.
“This prosecution no longer represents victims," Markey's cousin, Kristin Derus-Dore, told the court. "Our family is going through the worst thing that could possibly happen. Judge Burns, please reject this deal."
“I have no words to convey the sense of anguish and loss when you find out your son was executed in Minneapolis by a serial violent predator," Markey's father, Jerry, told the court.
"I’ve been a happy person, your honor, until the day that Steve was slaughtered in the street. I’m not the same person… I don’t know who I am," Markey's mother, Catherine, said in her statement. “The trauma of murder doesn’t go away.”
Braveheart apologizes
Prior to the judge's decision, the defendant spoke to the court, apologizing directly to Steve Markey's family.
"I apologize for not being a better person that day," Braveheart said to Markey's mother. "Every time I see you cry, part of me shatters. I hate myself for that."
Moriarty attempting juvenile reform
In the state's sentencing memorandum, written by Sarah Davis, the director of the Hennepin County Attorney Office's Children and Families Division, Davis wrote:
"An extensive and ever-growing body of research demonstrates that incarceration does not improve public safety and may increase risk of recidivism."
Davis and Moriarty's position is that the public would be at greater risk if Braveheart was released after serving a term in adult prison.
Davis cited studies that find incarceration may increase risk of recidivism, and she noted data from the MN Department of Corrections that found since 2002, "nearly 80% of people sent to prison for offenses committed as youth were sent back to prison after their initial release."
Braveheart has been incarcerated since he was arrested in 2019 and received treatment programs at MCF Red Wing and West Central Regional Juvenile Center, where he thrived, according to Davis.
"He has changed from an impulsive 15-year-old boy who was homeless and living on the streets, into a 20-year-old young man who is addressing his PTSD, engaging in treatment, furthering his education, and excelling in programming," Davis wrote.
Following the judge's decision Monday, a spokesperson for Moriarty's office said the Hennepin County Attorney's Office disagrees with the decision.
"The agreement balanced the possibility of severe punishment with the reality that this young man with a terrible childhood has succeeded when he was finally given access to intensive resources," said Hennepin County Attorney's Office spokesperson Nick Kimball. "His responsiveness thus far shows that continued serious treatment gives us the best chance to protect the public in the future. Instead, his treatment would likely end if he goes to adult prison and he would likely come out worse than when he went in. Our proposed sentence acknowledged this reality.”
Case Timeline
June 11, 2019 -- Steve Markey is shot to death in Minneapolis while teens Jared Ohsman and Husayn Braveheart attempt to steal his car at gunpoint.
March 2, 2020 -- After being certified as an adult, Ohsman pleads guilty to 2nd-degree murder without negotiation.
June 6, 2020 -- Ohsman, 17, is sentneced to 261 months in prison.
November 16, 2022 -- Minnesota Supreme Court rules it is appropriate to to certify Braveheart as an adult.
August 4, 2023 -- Despite protest from Markey's family, Braveheart pleads guilty to aiding and abetting 2nd-degree murder in a deal that would keep him out of prison.
October 23, 2023 -- Judge Michael Burns rejects the plea deal offered to Braveheart.
Watch more local news:
Watch the latest local news from the Twin Cities and across Minnesota in our YouTube playlist: