MINNEAPOLIS — A guilty plea Friday in a Hennepin County Courtroom is not what the murder victim's family wanted.
That's because the deal offered to 20-year-old Husayn Braveheart comes with probation instead of prison time.
Braveheart was 15 at the time of the crime and Hennepin County Attorney Mary Moriarty believes he is in the process of being rehabilitated, meaning probation is in the best interest of public safety despite what the victim's family wants.
But Steven Markey's family was in court asking Judge Michael Burns to reject the plea, which he still could choose to do at the October sentencing hearing.
To put the deal into context, the Minnesota sentencing guidelines call for between 21 and 30 years for a second-degree intentional murder conviction.
Back in court for the second time this week, the family of Steve Markey asked the judge to reject the plea deal offered to one of Steve's killers, saying it doesn't feel like anyone in the courtroom is on their side.
"A prosecutor's job is to prosecute people. She wants to continue to act as if she's a public defender," says Susan Markey, the victim's sister.
When Husayn Braveheart and Jared Ohsman were arrested for the shooting death of Markey in a carjacking attempt in 2019, then-Hennepin County Attorney Mike Freeman fought to certify both teens as adults.
Ohsman, who was 16 at the time of the shooting, pleaded guilty and received 21 years in prison.
Braveheart, who was just shy of 16 at the time, had a more complicated case that went to the Minnesota Supreme Court, which ruled he should be certified as an adult.
"Mr. Braveheart was the more experienced criminal," said Susan Markey, who added that Braveheart seemed to be the leader of the duo and Ohsman, who has some mental challenges, was the follower.
But Hennepin County Attorney Mary Moriarty campaigned heavily on juvenile justice reform, and she believes that because of Braveheart's case delays, she sees proof that rehabilitation through therapy and other programs is working.
"My job as county attorney is to look at where Braveheart is right now. And he's in a very, very different place than he was when he committed the violence against their loved one," Moriarty said.
Moriarty says Braveheart, who's now 20, would not continue that progress if sent to prison.
"In terms of public safety, I'd be much more concerned about what he will be like when he gets out in 10 years. So it's really important that we not disrupt his progress," Moriarty said. "I listened to [the family]. And ultimately, I have to decide what's in the best interest of public safety."
"I think it's an absolute outrage," Susan Markey said.
In court Friday, Braveheart pleaded guilty to aiding and abetting second-degree intentional murder after Markey's sister, mother and father all pleaded with the judge to reject the plea — which would be a rare move.
"It only happens in rare circumstances. I would suggest that these are those rare circumstances," Susan Markey said.
Judge Michael Burns will decide at the sentencing hearing whether or not he will accept the plea. That's set for Oct. 23. A probation officer will conduct a pre-sentence investigation first which could play heavily in the judge's decision.
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