ST. PAUL, Minn. (FOX 9) - The Minnesota Court of Appeals has thrown out the conviction of a man found guilty of aiding and abetting the murder of a St. Paul man, who was gunned down walking home from work in December 2022, just steps from his mother's house.
Alex Becker slaying
The backstory:
Alex Becker, 22, was killed just days after Christmas 2022 during what authorities believe was a botched robbery attempt as he walked back to his mother's home after work. Becker was just steps away from his mom's door when authorities say he was jumped by three men in a dark alley on Lawson Avenue West.
Police ultimately arrested three men: Detwan Allen, Shaun Travis, and Arteze Kinerd. Travis was acquitted during a bench trial. Allen was found guilty at trial, and sentenced to more than 30 years behind bars. Kinerd, the gunman, took a plea deal in the case after Allen's guilty verdict.
Allen's case has since gone to the Court of Appeals, which issued its opinion on Monday, throwing out Allen's conviction.
The decision
What we know:
In their opinion, the judges say that while it is clear that Kinerd and Allen were friends, and Allen was with Kinerd on the night of the shooting, the evidence doesn't support the aiding and abetting conviction.
According to the opinion, surveillance video captured audio of the shooting. A total of eight shots are fired over the course of 15 seconds. In the video, Allen is seen climbing into a vehicle about 11 seconds into the shooting – before the final shot was fired. About 15 seconds later, authorities say the video shows Kinerd and Travis walk out of the alley.
About three minutes later, Allen returned to the scene and picked up Kinerd and Travis in front of Becker's mother's home.
There was no surveillance video showing what exactly happened in the alleyway. According to the opinion, an investigator testified he believed Allen was involved in the shooting but admitted at trial it was possible that Allen was never in the alley when the shots were fired.
Dig deeper:
In the opinion, the justices determined that while Allen was likely acting with ill intent, including beckoning his friends to follow Becker, Allen's response to shots being fired showed he may have been surprised by Kinerd's actions.
Attorneys also argue that the evidence doesn't prove Allen knew Kinerd would kill Becker – which is required under the aiding and abetting statute.
That said, justices also note it's possible Allen may have committed other, lesser crimes, like aiding after the fact by picking up Kinerd after the shooting.
What they're saying:
The Ramsey County Attorney's Office says they are now reviewing the decision and will make a decision on how to move forward with the case.
Ramsey County Attorney's Office spokesperson Dennis Gerhardstein shared the following statement on the decision: "We are disappointed in the outcome and are reviewing the Appellate Court’s decision in this case. We have 30 days to consider whether a petition for review to the Minnesota Supreme Court is warranted in this matter."
The Source: This story uses information from a Court of Appeals opinion and past FOX 9 reporting.