BURNSVILLE, Minn — The Dakota County Attorney has determined three Burnsville police officers were legally justified in using deadly force during the February shooting that killed two of their fellow officers and a firefighter/paramedic.
Burnsville police officers Paul Elmstrand and Matthew Ruge and Burnsville firefighter/paramedic Adam Finseth were shot and killed while responding to a domestic call on Feb. 18. Police say the gunman, Shannon Gooden, later took his own life.
Burnsville Police Sgt. Adam Medlicott, Officer Daniel Wical and Officer Javier Jimenez fired their weapons as the situation played out, and Medlicott was injured. Minnesota law requires an investigation into any law enforcement use of deadly force, prompting the Minnesota BCA to review the incident and submit its investigation to the Dakota County Attorney.
"After my review of the investigation, there is absolutely no doubt the officers were justified in using deadly force to protect themselves, other officers and first responders, and members of the public from death or great bodily harm," Dakota Co. Attorney Kathy Keena said in a statement.
In explaining the reasoning for her determination, the county attorney's report (NOTE: link contains graphic content) also provides new details about what happened that day.
According to the report, Burnsville officers met the woman who called 911 outside the home, who said she was concerned Gooden was abusing one of the children in the home. The woman, later identified as Gooden's girlfriend Ashley Dyrdahl, also told them that Gooden was heavily armed and had previously threatened to “take everybody out with him.”
The report states a responding officer initially attempted to call out to Gooden from an open door in the garage, but Gooden refused to follow instructions and leave the home. Officers then entered the home through the open garage service door, but could not see Gooden upstairs because it was dark in the home. Officers did see a child in an upstairs doorway and determined they should attempt to negotiate with Gooden due to the presence of the child.
Officer Ruge was among the officers who entered the home and led efforts as the department's primary negotiator. According to the report, Gooden "repeatedly reminded the officers he was near his children and officers should not shoot," but he also denied having any firearms.
After nearly three and a half hours of negotiations, the report said Gooden began firing at officers from the upper level of the home. Medlicott was hit and fell to the floor, using his ballistic shield to cover his head. While on the ground, he spotted Officer Elmstrand injured and bleeding. Other officers then came in to evacuate Elmstrand.
"According to Sergeant Medlicott, to provide protection for the evacuating officers, he discharged his pistol approximately five times up the stairway towards where he believed Gooden was shooting from," the report stated. Medlicott then ran out of the home when he believed Gooden was reloading, leaving Officer Wical as one of two remaining officers in the home.
"Officer Wical believed Gooden was preparing to re-engage officers with more gunfire thereby placing his life, the lives of officers, the children and the general public at risk," the report stated. "Officer Wical also heard officers attempting to drag Officer Elmstrand out of the house and feared if Gooden returned to the top of the stairs, the evacuating officers would be unable to protect themselves." Wical then fired multiple shots at what he believed were Gooden's legs.
Outside the home, Elmstand had been brought to a SWAT Bearcat, where firefighter/paramedic Adam Finseth began to provide medical care and Officer Ruge appeared to say he'd been shot. As officers and medics were tending to Elmstrand and Ruge, the report states Gooden began firing at the Bearcat from an upper-floor window, striking Ruge and Finseth.
The report states Gooden was shooting out of various windows for nearly 13 minutes. Officer Javier Jimenez, a sniper with the department's Emergency Action Group tactical team, observed flashes of gunfire and spotted Gooden through his rifle scope.
"Gooden began shooting rounds in high succession at the officers in the driveway as they attempted to take cover behind the Bearcat," the report stated. "According to Officer Jimenez, he feared for the safety of the officers and medics positioned on the driveway, as well as citizens in the nearby residences, so he fired one round at Gooden."
The report states Gooden then retreated into the home, and only one additional gunshot was heard; one of the children inside reported Gooden had killed himself.
"The use of deadly force by a peace officer is justified to protect the officer or another person from death or great bodily harm. It is my conclusion that given the facts and circumstances of this incident, most notably that Gooden fired first and continued firing causing the tragic loss of life of Officers Elmstrand and Ruge and injury to Sergeant Medlicott, it was objectively reasonable for Officer Jimenez, Officer Wical, and Sergeant Medlicott to believe Gooden posed a deadly threat to them, other officers and first responders present at the scene, and to members of the public when they fired their respective weapons. Accordingly, all three were legally justified in using deadly force in this extremely harrowing incident," Keena concluded.
In a news release, Keena also paid tribute to the three fallen responders.
"All three men embodied the spirit of a public servant as they selflessly acted to protect seven children from the hands of Shannon Gooden," Keena said.
The woman who called 911, Ashley Dyrdahl, has since been federally charged with illegally buying the guns that Gooden used in the shooting. Gooden was a convicted felon who wasn't allowed to have firearms.
Dyrdahl has pleaded not guilty.
More coverage of the Burnsville shooting
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