MINNEAPOLIS, Minn. (FOX 9) - The Hennepin County Attorney announced Friday that a Maple Grove officer was justified in his actions when he shot and wounded a knife-wielding man in February.
The County Attorney said Officer Jeffrey Albers appropriately used deadly force because he and his partner faced “death or great bodily harm” during the Feb. 7 incident.
Albers shot then 50-year-old DeWayne Burlingham after officers were sent to his home on Trenton Lane on a call for assistance.
Albers and Officer David Anton said they had been to the residence in the past for a mental health crisis.
The man let officers into the house and eventually became agitated, grabbing a kitchen knife from the kitchen.
Officer Anton fired his Taser and activated it twice, but Burlingham remained “out of control” wielding the knife. Burlingham also cut himself during the incident with the officers.
Albers said he was afraid he would be stabbed by Burlingham, so he fired two rounds. After being shot, Burlingham began stabbing himself in the throat and remained on his feet.
Ultimately, Burlingham was hospitalized with the gunshot and self-inflicted stab wounds. He was released from the hospital.
“The evidence…as applied to the applicable law does not support the filing of criminal charges against Officer Albers or any of the other officers involved in this case,” Hennepin County Attorney Mike Freeman wrote.
The Attorney's office also noted Burlingham's ex-wife said he would use methamphetamine and then arm himself with a knife.
"All reasonable attempts at (de-escalation) were unsuccessful and officers found themselves in a confined space with a person advancing on them with a knife," Freeman said.