27-CR-22-24966

Filed in District Court

State of Minnesota
6/15/2023 12:54 PM

STATE OF MINNESOTA DISTRICT COURT

COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT

State of Minnesota, Court File No.: 27-CR-22-24966

Plaintiff,
vs. NOTICE OF MOTION AND MOTION
TO DISMISS COMPLAINT DUE TO
Benjamin Richardson III LACK OF PROBABLE CAUSE
PURSUANT TO STATE V. FLORENCE
Defendant.

TO: THE STATE OF MINNESOTA AND HENNEPIN COUNTY ATTORNEY’S OFFICE

PLEASE TAKE NOTICE that on June 26, 2023, at 9:00 AM, or as soon as thereafter as

counsel may be heard, at the Hennepin County Government Center at 300 South Sixth Street, in

Minneapolis, MN 55487 before the Honorable Judge Jay Quam, Mr. Richardson, through

undersigned counsel, will the Court as follows.

MOTION

Mr. Richardson, by and through his attorney, Sarah Gad, and in accordance with Rule

11.04, Minn.R.Crim.P., and State v. Florence, 239 N.W.2d 892, 904 (Minn. 1976), moves the

Court for an Order dismissing the Complaint for lack of probable cause. Mr. Richardson seeks

dismissal of charges based on the failure of the Complaint to allege sufficient facts to establish

probable cause.

This Motion is made on all the files and records in the case, Rules 10 and 11 of the

Minnesota Rules of Criminal Procedure; Article I, Section 6 and 7 of the Minnesota Constitution;

and the 6th and 7th Amendments to the United States Constitution, the interests of justice, a

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memorandum of law to be submitted, and upon such other and further points and authorities as

may be subsequently presented to the Court.

Respectfully submitted,

Sarah Gad,

Dated: June 16, 2023

Attorney for Defendant
Atty Reg. No. 0403328
Gad & Gad Law Offices
916 Emerson Ave, Suite D
Minneapolis, MN 55411
Phone: (612) 512-1870
sarah@gadlawoffice.com

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 27-CR-22-24966
Filed in District Court
State of Minnesota
6/15/2023 12:54 PM

STATE OF MINNESOTA DISTRICT COURT

COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT

State of Minnesota, Court File No.: 27-CR-22-24966

Plaintiff,
vs. MEMORANDUM IN SUPPORT OF
MOTION TO DISMISS COMPLAINT
Benjamin Richardson III DUE TO LACK OF PROBABLE CAUSE
PURSUANT TO STATE V. FLORENCE
Defendant.

INTRODUCTION

Undersigned counsel represents Defendant, Benjamin Perry Richardson III in relation to

the above-captioned matter. On or around December 14, 2022, Mr. Richardson was charged by

complaint with Felony Second Degree Murder pursuant to Minn. Stat. § 609.19.1(1) for the murder

of Alameen Allah Shabazz (“AAS”) who was shot and killed outside of the Nice African Family

Market in Brooklyn Park on the evening of June 22, 2021.

The lead detective assigned to this case was Officer Andrew Bromen of the Brooklyn Park

Police Department, who launched an 18-month investigation into the murder of AAS and

conclusively determined that the vehicle used in the shooting was a 2004 silver PT Cruiser

(“suspect vehicle”), and that the driver of the suspect vehicle was a 17-year-old female (“Jane

Doe”).1 Jane Doe was arrested for her role in the murder of AAS on or around August 12, 2021.

1
The suspect vehicle belonged to an individual named Airreo Austin AAO (“AAO”), who was excluded as a suspect
early on in the investigation after GPS data and surveillance footage established that AAO had an alibi for the time
of the shooting.

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During Jane Doe’s interrogation with Officer Bromen in August of 2021, Jane Doe unilaterally

implicated Mr. Richardson as the principal defendant and shooter.

To this day, the only evidence linking Mr. Richardson to the murder of AAS is

the uncorroborated testimony of Jane Doe. There is no physical evidence or eyewitness

testimony tying Mr. Richardson to the murder of AAS on the evening of June 22, 2021. There is

no weapon linking Mr. Richardson to the shooting of AAS; Mr. Richardson’s DNA and

fingerprints were not found anywhere inside of the suspect vehicle or its’ contents;2 and the

only eyewitness to the shooting—the victim’s girlfriend, Megan Elizabeth Ruechel

(“MER”)—could not pick Mr. Richardson out of a lineup after telling law enforcement that

she would be able to identify the shooter because the shooter reportedly looked directly at her.

Most notably, Mr. Richardson had an alibi for the time of the shooting on June 22, 2021

—an alibi that was established early on in the investigation by the lead investigator, Officer

Bromen. At the time of the shooting, Mr. Richardson was at a house party at 5436 Ponds Drive

in Brooklyn Center (“the Ponds”) with several other people, including Airreo Austin AAO

(“AAO”), Darryl Walker (“Mr. Walker”), and Jane Doe. Surveillance footage from the

Ponds shows Jane Doe leaving the parking lot of the Ponds in the suspect vehicle at 9:38

PM, approximately seven minutes before the shooting, and then pulling into an apartment

complex on Unity Avenue and 73rd Avenue North immediately after the shooting. GPS

data from Jane Doe’s phone and surveillance footage from the Ponds establishes that

neither the suspect vehicle nor Jane Doe returned to the Ponds after the shooting at the Market

at 9:45 PM.3
2
CSI testing of the suspect vehicle and its’ contents yielded Combined DNA Index System (“CODIS”) hit for two
individuals: (1) Trong Le (DOB: 11/11/1984) and Dashawn Sintell Scott (01/08/1998). Upon information and belief,
Mr. Le and Mr. Scott were friends of AAO and had ridden in the suspect vehicle before the shooting and were not in
any way involved with the shooting of AAS.
3
Jane Doe told Officer Bromen that she did not witness the shooting because she was inside the store and that she
took an Uber home immediately after the shooting. GPS data, surveillance footage, eyewitness testimony, and Jane

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Surveillance footage from the Ponds establishes that Mr. Richardson did not leave with

Jane Doe in the suspect vehicle at 9:38 PM, or anytime thereafter. Surveillance footage from the

Ponds shows Mr. Richardson leaving with the Ponds in a red SUV with black bumpers at

approximately 10:08 PM. Upon information and belief, AAO was with Mr. Richardson in the red

SUV when it was spotted leaving the Ponds at 10:08 PM. GPS data from AAO’s cellphone shows

that AAO’s next location was the Speedway Gas Station on Jolly Lane (“Speedway”), which is

corroborated by surveillance footage from the Speedway on Jolly Lane from the evening of June

22, 2021.

Specifically, surveillance footage retrieved from the Speedway on Jolly Lane shows a red

SUV with black bumpers pulling into the gas station at 10:16 PM, and a black male with blonde

and green dreadlocks is seen exiting the red SUV at 10:18 PM and entering the store part of the

gas station. Surveillance footage from inside of the Speedway on Jolly Lane shows the same black

male with blonde and green dreadlocks inside of the Speedway until approximately 10:22 PM, at

which time the male with blonde and green dreadlocks exits the gas station and returns to the red

SUV. The red SUV is seen pulling back into the Ponds at approximately 10:30 PM.

Officer Bromen positively identified the black male with blonde and green dreadlocks

at the Speedway gas station as Benjamin Richardson.4 Officer Bromen’s colleague, Detective

Claypool, who independently reviewed the Speedway surveillance footage, also identified the

Doe’s social media activity establish that Jane Doe was not inside the Market when the shooting happened and that
she did not actually return home until the following afternoon.
4
See page 7, ¶ 4 of Officer Bromen’s Supplemental Report from July 15, 2021, stating “I reviewed the surveillance
from the Speedway gas station . . . at approximately 2218 hours, a black male with blonde colored dreads and a
goatee . . . exits the driver’s door of the SUV and enters the gas station . . . I began to review AAO’s Facebook
page and upon going through her list of friends, I located a male that appeared to be the male on the
Speedway surveillance video . . . I provided this information to Detective Bromen, who was able to identify
the male as Benjamin Richardson.”

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male with the blonde and green dreadlocks as Mr. Richardson.5 Mr. Walker, the owner of the red

SUV, did not have blonde and green dreadlocks at the time. It is unequivocal that the black male

in the red SUV seen coming and going to and from the Ponds between 10:08 PM and 10:30 PM

was Mr. Richardson; this, in turn, renders it highly improbable that Mr. Richardson was with Jane

Doe before, during, and immediately after the shooting.

Notwithstanding that Mr. Richardson had an alibi for the time of the shooting, there were

other circumstances that render it highly improbable that Mr. Richardson killed AAS at the Market

on the evening of June 22, 2021 at 9:45 PM. For instance, the only eyewitness to the shooting,

MER, reported that the shooter’s right arm was hanging out of the passenger’s side window, and

that he was holding a small black handgun in his right hand. It is well-known and documented that

Mr. Richardson was shot in the right forearm on or around April 28, 2021—less than two months

before the shooting—and was unable to close or make a first with his right hand due to the bullet

being lodged inside of his right forearm.6 Upon information and belief, the bullet lodged inside of

Mr. Richardson’s right forearm was surgically removed at The Orthopedic Center of Virginia in

November 2022. See Defense Exhibit 7.

MER reported that the shooter that a dark complexion, which she observed when the

shooter’s arm was hanging out of the window. MER did not report that the shooter had any tattoos

on his arm or his hands. This is notable because Mr. Richardson has a large, colorful tattoo of a

bat covering the back side of his right hand and a sleeve tattoo covering his right arm, both of

5
See page Detective Claypool’s July 15, 2021 Supplemental Report, p. 71, stating “I reviewed the surveillance from
the Speedway gas station and found a matching red SUV arrive at the Speedway gas station at 2216 hours. At
approximately 2218 hours, a black male with blonde colored dreads and a goatee . . . exits the driver’s door of the
SUV and enters the gas station . . . I began to review AAO’s Facebook page and upon going through her list of
friends, I located a male that appeared to be the male on the Speedway surveillance video . . I provided this
information to Detective Bromen, who was able to identify the male as Benjamin Richardson.”
6
See Minneapolis Police Department General Offense File No. 2021-88252 Page No. 13 (April 18, 2021).

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which presumably would have been noticeable to any onlookers within close proximity who were

able to discern the color of Mr. Richardson’s complexion. MER also reported that the shooter had

shoulder-length dreadlocks but did not mention anything about the color, which is notable because

Mr. Richardson had distinct blonde and green dreadlocks at the time of the shooting, which

likewise would have been noticeable to an onlooker within close proximity.

It is not as though there is no evidence at all in this case; it is that all of the evidence—

direct, circumstantial, and eyewitness testimony—points away from Mr. Richardson. As

previously noted, Mr. Richardson’s DNA and prints were not found anywhere in the suspect

vehicle or its’ contents; there was no weapon identified; the only eyewitness to the shooting could

not identify Mr. Richardson in a photo line-up. Moreover, Mr. Richardson could not even clutch a

handgun with his right hand due to a bullet being lodged in his right forearm at the time. Most

notably, Mr. Richardson had an alibi for the time of the shooting, which was established by Officer

Bromen himself in July of 2021.

Truly, the only evidence linking Mr. Richardson to the shooting at the Market on June 22,

2021 is the uncorroborated testimony of Jane Doe, who was inculpated as the driver of the suspect

vehicle based on based on eyewitness testimony; surveillance footage of the incident; photographs

retrieved from Jane Doe’s phone and AAO’s phone dated June 22, 2021; and Jane Doe’s social

media accounts and Facebook messages. Mr. Richardson, on the other hand, was inculpated as the

shooter because Jane Doe said he was. Jane Doe’s testimony cannot be corroborated because it is

inconsistent with the evidence, contradictory, and at times, frankly nonsensical.7

7
For instance, Jane Doe stated at the beginning of the interview on August 12, 2021 that she was the designated
driver because she was pregnant and therefore the only sober one at the Ponds, but later on in the same interview she
was unaware that there had been a shooting when she was at the Market because she was intoxicated.

Jane Doe stated that she was driving AAO’s car that night, and AAO, AAO’s cousin, an unknown female, and Mr.
Richardson were all with her. Jane Doe said she drove everyone to the Speedway Gas Station at 9 PM (which GPS

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In addition to the myriad of inconsistencies and contradictory statements, Jane Doe’s

testimony is also inherently suspicious because she is an accomplice who intends on testifying

against Mr. Richardson at trial. See State v. Palubicki, 700 N.W.2d 476, 487 (Minn. 2005)

(describing accomplice testimony as “inherently untrustworthy”). The general test for determining

whether a witness is an accomplice for purposes of section 634.04 is “whether he could have been

indicted and convicted for the crime with which the accused is charged.” State v. Lee, 683 N.W.2d

309, 316 (Minn. 2004). Upon reliable information and belief, Jane Doe has already pleaded guilty,

been sentenced, and intends to testify against Mr. Richardson.

Pursuant to Minn. Stat. § 634.04, “[a] conviction cannot be had upon the testimony of an

accomplice, unless it is corroborated by such other evidence as tends to convict the defendant of

the commission of the offense, and the corroboration is not sufficient if it merely shows the

commission of the offense or the circumstances.” Mr. Richardson’s second-degree murder charge

appears to be unilaterally premised on the uncorroborated testimony of Jane Doe, an accomplice

whose credibility is questionable, to say the least. At this time, Jane Doe is also the only adverse

witness who has implicated Mr. Richardson. Even if Jane Doe’s testimony were credible, it cannot

be unilaterally relied upon to support a conviction—especially given that there is no corroborating

evidence with which to substantiate Jane Doe’s testimony. Minn. Stat. § 634.04.

data and surveillance footage unequivocally refutes) and claims that she was told to stop at the Market, at which
time she was only with Mr. Richardson (to whom she refers to as “Drew”) and another unknown female. Jane Doe
does not explain where the other two passengers (AAO and AAO’s male cousin) went in between stops.
Jane Doe also said that she was inside the Market buying “wraps” when the shooting happened, but also says that
she did not actually go into the Market because the shooter forced her to drive away immediately after the shooting
and pull into a random apartment building on Unity Avenue so he could bathe in bleach and shred his clothes.

Jane Doe also said she stood in the middle of the street crying after the shooting because she was so mortified over
what happened, but then states she never had a chance to exit the suspect vehicle because the shooter was telling her
to hurry and drive away. Jane Doe also says that she took an Uber home immediately after the shooting (which GPS
data disputes), but also says she stayed at the apartment building on Unity Avenue overnight.

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Pursuant to Rule 11.03 of the Minnesota Rules of Criminal Procedure, if the record

developed by the time of the omnibus hearing fails to demonstrate the existence of probable cause,

the defendant may to move the court for dismissal of charges. Minn. R. Crim. P. 11.03. This case

represents a rare example where the State has unequivocally failed to establish an adequate factual

basis for charging Mr. Richardson with the second-degree murder. The only evidence linking Mr.

Richardson to the murder of AAS is the uncorroborated testimony of Jane Doe, who is both an

accomplice whose credibility is objectively lacking.8

The charges in the complaint rest unilaterally on the uncorroborated testimony of Jane Doe,

whose credibility is questionable, at best. The complaint does not provide a factual basis for Mr.

Richardson’s involvement; it merely states that a lengthy investigation led investigators towards

Mr. Richardson and vaguely refers to Jane Doe as one of Mr. Richardson’s “associates.” Given

that the State has unequivocally failed to establish that Mr. Richardson was in any way responsible

for the death of AAS on June 22, 2021, Mr. Richardson moves to dismiss the complaint for lack

of probable cause. State v. Florence, 239 N.W.2d 892, 896 (Minn. 1976); MINN. R. CRIM. P. 11.04,

Subd. 1(a).

FACTUAL BACKGROUND

On June 22, 2021 at approximately 9:47 PM, Brooklyn Park Police Officers responded to

a 9-11 call regarding a fatal shooting that occurred on the 7400 block of Regent Ave North in the

suburban city of Brooklyn Park. The 9-11 caller, an independent witness named Jeffrey Sterling

Reed (herein “Mr. Reed”), reported seeing shots fired from a silver Chrysler (“suspect vehicle”)

parked directly in front of the Nice Family African Market (herein “the Market”), located at 7405

8
The State disputes that Jane Doe is a cooperating witness who intends to testify, there is information from a
reliable source [Jane Doe’s public defender, who was involved with negotiating her plea] that Jane Doe intends
to testify against Mr. Richardson. See Defense Exhibit 6. It is also frankly difficult to fathom how this case could
subsist all the way to trial without Jane Doe’s testimony, as she is the only witness who implicated him.

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Regent Avenue North. The victim of the shooting was identified as 22-year-old black male named

Alameen Allah Shabazz (“AAS”).

Immediately after the shooting, the suspect vehicle reportedly sped southbound on Regent

Avenue North, running the red light at which Mr. Reed was stopped, before continuing

approximately about 0.2 miles towards the Huntington Place Apartments on the 5800 block of 73rd

Avenue North. See Defense Exhibit 1. When the suspect vehicle ran the red light on Regent

Avenue, Mr. Reed caught a glimpse of the driver, who he described as a young black female in

her late teens or early twenties with a scarf around her head. Mr. Reed could not see whether

anyone else was in the suspect vehicle.

The only eyewitness to the shooting itself was the victim’s girlfriend, Megan Elizabeth

Ruechel (herein “MER”), who was present in the parking lot of the Market and reportedly saw the

shooter. MER reported that she was seated in the passenger’s seat of the victim’s Toyota Camry

(“the Camry”) looking at her phone when she saw and heard gunshots. According to MER, the

shots came from the passenger’s side window of the suspect vehicle,9 which was parked

immediately to the left of the Camry. MER reported that the shooter was a black male in his mid-

twenties with a dark complexion and dreadlocks. MER did not mention anything notable about the

shooter’s hair color or whether they had any tattoos.10

At the time of the shooting, Mr. Richardson had distinct platinum blonde and green

dreadlocks that presumably would have been noticeable to an onlooker sitting within close

9
Jane Doe stated that Mr. Richardson was seated in the backseat of the suspect vehicle and shot AAS from the
backseat of the suspect vehicle. This is inconsistent with MER’s statement that the shooter—a black male with
dreadlocks whose arm was hanging outside of the passenger’s window—shot AAS from the passenger’s seat.
10
At the time of the shooting, Mr. Richardson had distinct blond and green dreadlocks. See Defense Exhibits 2(a)-
(c). Officers Claypool and Bromen were able to identify Mr. Richardson as the person on the Speedway Gas Station
surveillance footage due to the distinct color of his dreadlocks.

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proximity who was able to describe the style and length of the shooter’s hair.11 See Exhibit 2(a)-

(c). MER did not merely observe the shooter’s hair; MER said that the shooter looked directly at

her, and that she would be able to pick the shooter out of a lineup. On August 12, 2021, Officer

Bromen presented MER with a six-person sequential lineup with Mr. Richardson as suspect #3.12

MER was shown the line-up with Mr. Richardson twice and could not identify Mr.

Richardson as the shooter.

MER also reported that the shooter’s right arm was hanging out of the passenger’s side

window, and the shooter was holding a small black handgun in his right hand. It is well-known

and documented that Mr. Richardson was the victim of a shooting on April 28, 2021, which

resulted in a bullet being lodged inside of his right arm that prevented him from being able to use

his right hand.13 After Mr. Richardson was shot in the arm, he was taken to North Memorial

Hospital in Robbinsdale, where he was interviewed by Officer Corey Schmidt.14 Officer Schmidt

reported that Mr. Richardson was unable to make a closed fist with his right hand due to the

bullet being lodged inside of his right forearm. Upon information and belief, the bullet in Mr.

Richardson’s right forearm from the April 2021 shooting was surgically removed from Mr.

Richardson’s right arm at a hospital in Virginia in November of 2022. See Defense Exhibit 7.

Officer Andrew Bromen of the Brooklyn Park Police Department was the lead homicide

detective assigned to investigate the shooting. Using surveillance footage in the vicinity of the

Market,15 located at 7405 Regent Avenue North in Brooklyn Center, Officer Bromen was able to

11
See notes 4-5, supra.
12
See Minneapolis Police Department Lineup ID MN_0270300_76676 (August 12, 2021).
13
The person who shot Mr. Richardson on April 28, 2021 was reportedly an obese black male who goes by the street
name “Fat Lord.” MER reported that in the six years that she had been dating AAS, she has never heard anyone
refer to AAS by that name.
14
See Minneapolis Police Department General Offense File No. 2021-88252 Page No. 13.
15
According to Officer Bromen’s June 23, 2021 report, there were no operating cameras at the Market at the time of
the shooting. The nearest surveillance footage was taken from a QC Service Station, located directly across the street

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surmise that the suspect vehicle originated at an apartment complex located at 5436 Ponds Dr N,

Minneapolis, MN 55429 (“the Ponds”). Officer Bromen reported that the suspect vehicle was seen

leaving the Ponds at 9:38 PM, seven minutes before the shooting. According to GPS data, the

distance between the Ponds and the Market is approximately 0.3 miles. See Defense Exbibit 1(a).

After the shooting, the suspect reportedly vehicle fled south on Regent Avenue for approximately

0.2 miles towards the Huntington Place Apartments on the 5800th of 73rd Avenue North, where it

remained for several more hours. See Defense Exhibit 1(b).

Based on surveillance footage from the Ponds, Officer Bromen determined that the suspect

vehicle was a silver 2004 PT Cruiser with distinct damage on the passenger’s side door, a patch of

rust, a sunroof, and a distinct sticker of female lips the rear window. On July 2, 2021, the suspect

vehicle was impounded after being spotted driving down Brooklyn Boulevard less than one mile

away from the shooting. There were two occupants inside of the suspect vehicle at the time it was

stopped and impounded: (1) AAO, the owner of the suspect vehicle; and (2) Ricky Lathan

McDonald (herein “Mr. McDonald”) (DOB: 11/22/1997). AAO agreed to be interviewed by

Officer Bromen after her vehicle was impounded on July 2, 2021. During this interview, AAO

acknowledged that the suspect vehicle was hers, but denied driving it on the night of the shooting;

according to AAO, the only other person who was allowed to drive her vehicle was Jane Doe.

On July 3, 2021, Officer Bromen received a search warrant of the suspect vehicle—AAO’s

2004 PT Cruiser to search for, inter alia, weapons, DNA, fingerprints, and other physical evidence

to identify who else had been in the suspect vehicle. Mr. Richardson’s DNA and fingerprints

were not found anywhere inside of the suspect vehicle. Officer Broman also retrieved several

items from inside of the suspect vehicle for forensic testing—among them being a blue plastic cup;

from the Market. The QC Service Station had a surveillance camera facing the front side of the Market and captured
the shooting, but not the shooter.

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Gatorade bottle; two water bottles; a Fanta bottle; two cigarette butts, and two glass marijuana

pipes. None of these items retrieved from the suspect vehicle contained Mr. Richardson’s

DNA or fingerprints.16

On July 7, 2021, Officer Bromen executed a search warrant of AAO’ cellular phone, which

revealed photographs and videos of Jane Doe on June 22, 2021 wearing a white headscarf like the

one Mr. Reed had described in the 9-11 call. AAO’ statement about Jane Doe driving the suspect,

coupled surveillance footage and photographs of Jane Doe wearing a headscarf on the day of the

shooting, and GPS data extracted Jane Doe’s phone, led Officer Bromen to suspect that Jane Doe

was involved in the shooting of AAS on the evening of June 22, 2021. Officer Bromen further

surmised that AAO and Jane Doe were not together at the time of the shooting, but rather, that

Jane Doe drove AAO’ car to the Market while AAO stayed behind at the Ponds with Richardson

and Walker

Surveillance footage from the Ponds Complex shows the suspect vehicle leaving the Ponds

Complex seven minutes before the shooting, and the driver wearing a white headscarf—consistent

with the photos of Jane Doe on AAO’ cellphone from the day of the shooting. AAO and Jane Doe

had also exchanged several Facebook messages between 9:01 PM and 9:31 PM, shortly before

the shooting, which further suggested that Jane Doe and AAO were not together at the time. GPS

data extracted from AAO and Jane Doe’s cellphones confirms that they were in different locations

shortly before, during, and after the shooting. Specifically, AAO’ cellphone records placed her at

the Ponds Complex until approximately 10:08 PM on June 22, 2021. See notes 4-5 supra.

Surveillance footage from the Ponds Complex depicts a red SUV with a black bumpers leaving

the Ponds Complex at 10:08 PM. GPS data from AAO’ cellphone shows that her next location

16
See note 2, supra.

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was the Speedway gas station at 7601 Jolly Lane in Brooklyn Park, located approximately 2.5

miles northwest of the Ponds. Surveillance footage from the Speedway on Jolly Lane shows the

red SUV with black bumpers—consistent with the red SUV that was seen leaving the Ponds

Complex at 10:08 PM—pulling into gas station the station at approximately 10:16 PM.

Exterior surveillance footage from the Speedway gas station on Jolly Lane shows a black

male with blonde and green dreadlocks entering the gas station at 10:18 PM. Surveillance footage

from inside of the Speedway gas station shows the same black male with blonde and green

dreadlocks inside of the gas station between 10:18 PM until 10:22 PM; the male is seen driving

away in the red SUV at 10:24 PM, arriving back the Ponds by 10:28 PM. According to Officer

Bromen’s report, the black male with blond and green dreadlocks at the Speedway gas

station on Jolly Lane shortly after the shooting was Benjamin Richardson. See Officer

Bromen’s Supplemental Report, P. 57—

“We know from viewing cell records from AAO’s cellphone and
physical GPS records in the phone that her phone goes to the area of
SA Jolly after the homicide occurred. Det. Claypool was able to
watch the video for the time frame of the phone leaving and coming
back to the area of Unity Place Townhomes and located a vehicle
leaving and arriving during these time frames. He saw that it was a
red SUV that appeared to have black front and back bumpers.

He went and began watching the Superamerica17 [sic] video on Jolly

L. He noted he found a possible matching suspect vehicle arrive
at the gas station and sees a male in the store with shoulder
length dreads that are blonde and tinted green.

Det. Claypool located a Facebook account at URL

https://www.facebook.comm/peanutt.drewskii.1. I knew from this
investigation that Ricky McDonald went by the street name
Peannutt from his Facebook accounts . . . from viewing the above
account, we noted Ricky McDonald and another male who
appeared to match the surveillance at the SA gas station . . . I

17
Officer Bromen’s report incorrectly refers to the gas station located at 7601 Jolly Lane as a SuperAmerica when in
fact a Speedway Gas Station.

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was able to identify this male as Benjamin Perry Richardson

DOB 09/13/1997.”

See also Detective Claypool’s July 15, 2021 Supplemental Report, p. 71, stating—

“I learned from Detective Bromen that she [AAO] was in the area
of Ponds Drive in Brooklyn Center until 10:08 PM on 06/22/2021.
I also learned that the cellphone records showed that AAO’s
cellphone then showed she was in the area of the Speedway gas
station at 7601 Jolly Lane at approximately 2223 hours and then
returned back to the area of Ponds Dr at approximately 2231
hours . . .

I reviewed the surveillance from the Speedway gas station and found
a matching red SUV arrive at the Speedway gas station at 2216
hours. At approximately 2218 hours, a black male with blonde
colored dreads and a goatee . . . exits the driver’s door of the
SUV and enters the gas station . . . I began to review AAO’s
Facebook page and upon going through her list of friends, I located
a male that appeared to be the male on the Speedway
surveillance video . . I provided this information to Detective
Bromen, who was able to identify the male as Benjamin
Richardson.”

Officer Bromen’s July 15, 2021 report establishes that both AAO and Mr. Richardson had

an alibi for the night of the shooting; surveillance footage from the Ponds Complex places Mr.

Richardson at the Speedway Gas Station in a red SUV with AAO shortly after the murder on June

22, 2021 between approximately 10:08 PM and 10:31 PM. Officer Bromen concluded that Jane

Doe and AAO were not together during the shooting, which necessarily means that Mr. Richardson

and Jane Doe were not together either.18 Mr. Richardson’s confirmed presence at the Speedway

Gas Station on Jolly Lane with AAO immediately after the shooting negates the possibility that

Mr. Richardson was at the Market with Jane Doe at the time of the shooting, or at the Huntington

Place Apartments bathing himself in bleach and shredding up his clothing immediately after.

18
Undersigned counsel spoke with Darryl Walker, the owner of the red SUV, who was also at the Ponds on the
evening of June 22, 2021. On a call recorded with Mr. Walker’s permission, he stated that Mr. Richardson and AAO
took his car to the gas station to get cigarettes and cigars. Mr. Walker intends to testify at Mr. Richardson’s
contested omnibus hearing on June 23, 2023.

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Jane Doe was arrested on August 12, 2021 for her role in the shooting. Jane Doe’s

involvement in the shooting was based on AAO’ statement; Mr. Reed’s 9-11 call; the photos of

Jane Doe wearing a white headscarf earlier that same day, GPS data from Jane Doe’s phone, and

surveillance footage Jane Doe at the Ponds and in the vicinity of the Market. During Jane Doe’s

interrogation, she implicated Mr. Richardson as the principal defendant and shooter, but the

narrative told by Jane Doe is shrouded with inconsistencies, mutually exclusive details, and

statements that could not possibly be true.

Jane Doe told Officer Bromen that she was the designated driver that night because she

was allegedly pregnant and not under the influence, while alleging minutes later that she was semi-

intoxicated when she was at the Market. Jane Doe further stated that she was inside of the Market

while the shooting took place—which surveillance footage and eyewitness testimony irrefutably

dispute; Jane Doe stated that Mr. Richardson shot AAS from the backseat of the suspect vehicle,

whereas MER stated that she was certain that AAS was shot from the front passenger’s seat of the

suspect vehicle, which she described as a silver SUV. Jane Doe also does not clarify how she knew

that AAS was shot from the backseat of the suspect vehicle if she was inside of the Market at that

time.

According to Jane Doe, when she came out of the store, she realized that something bad

had happened, which compelled her to stand in the middle of the street and cry—another detail

that surveillance footage, GPS data, and eyewitness testimony unequivocally refute. Notably, in

the same interview, Jane Doe also stated that she never actually went into the store; rather, she

says she was pulling into the Market and about to exit when the shooting took place, at which point

the shooter forced her to drive off and pull into a random apartment building on Unity Avenue so

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he could bathe himself in bleach, shred his clothing, and watch the crime scene.19 Jane Doe said

that she stayed overnight at the apartment on Unity Avenue, but also said she took an Uber home

immediately after the shooting.

Evidently, Officer Bromen’s narrative and Jane Doe’s narrative are mutually exclusive;

Officer Bromen reported that Mr. Richardson was at the Ponds until 10:08 PM, at which point he

drove to the Speedway Gas Station on Jolly Lane, where he remained until around 10:22 PM,

before returning to the Ponds at around 10:30 PM. Detective Claypool’s report corroborates that

Mr. Richardson at the Speedway Gas Station on Jolly Lane immediately after the shooting, which

necessarily means that Mr. Richardson was not simultaneously at the Huntington Place Apartments

2.5 miles away bathing himself in bleach, shredding his clothes, and watching the crime scene.

In addition to the implausibility of Jane Doe’s narrative, multiple eyewitnesses also

reported seeing Mr. Richardson at the house party at The Ponds throughout the evening of June

22, 2021, including the hosts of the party—Orlando Harvey and Marcell Day, both of whom

resided in the unit where the party was held.20 Upon information and belief, the party at the Ponds

on the evening of June 22, 2021 was a good-bye party for Mr. Walker, who was leaving for

Cincinnati, Ohio at the end of the month.

On Friday, May 31, 2023, undersigned counsel had an opportunity to speak with Mr.

Walker by telephone, at which time Mr. Walker indicated that: (1) he did own the red SUV with

distinct black bumpers seen coming and going from the Ponds that evening; (2) that he [Mr.

Walker] and AAO were having a sexual relationship in June of 2021 before he left for Cincinnati;

19
According to Mr. Reed, the 9-11 caller who was stopped at the red light on Regent Avenue when this occurred,
stated that the suspect vehicle turned into an apartment complex called “Huntington Place Apartments” on 73rd
Avenue North and Unity Avenue.
20
A SWAT team executed a search warrant of the Ponds unit where the party was held on June 22, 2021 yielded no
evidence linking Mr. Harvey, Mr. Day, or Mr. Richardson to the shooting.

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State of Minnesota
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(3) he distinctly remembers AAO asking to take his vehicle to buy cigarettes because Jane Doe,

who had taken her car and AAO was getting impatient; and (4) Mr. Richardson eventually drove

AAO to the Speedway gas station in Mr. Walker’s SUV because AAO was allegedly very

intoxicated and unable to drive.

On the whole, there is no evidence or credible testimony linking Mr. Richardson to the

shooting of AAS. A search warrant of the suspect vehicle yielded no physical evidence,

fingerprints, or DNA linking Mr. Richardson to the vehicle or the shooting. GPS data and

surveillance footage from the Ponds and Speedway shows that Mr. Richardson was at the Ponds

until 10:08 PM, at which point he went to the Speedway Gas Station on Jolly Lane, and then

returned to the Ponds at 10:28 PM. The victim’s girlfriend, MER, was present and witnessed the

shooting, said the shooter looked directly at her and that she could identify the shooter in a line-

up. A sequential line-up including Mr. Richardson was presented to MER in August of 2021, and

MER was unable to identify Mr. Richardson as the shooter after being shown the lineup twice.

MER further stated that the shooter’s right arm was hanging out of the passenger’s window with

a gun in their hand; Richardson could not make a closed fist with his right hand at that time due to

being shot in the right forearm less than two months earlier.

Based on these facts, it is extremely unlikely that Mr. Richardson was involved in the

shooting of AAS at the Market on the evening of June 22, 2021. Yet somehow, even after Officer

Bromen: (1) confirmed that Mr. Richardson had an alibi that placed him with AAO at the

Speedway Gas Station around the time of shooting; (2) presented MER with a sequential six-

person lineup where she was unable to identify Mr. Richardson as the shooter; and (3) executed a

search warrant of Mr. Richardson’s email addresses and Facebook accounts, which yielded no

evidence of his involvement; Officer Bromen concluded in December of 2022, that the principal

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defendant was Mr. Richardson, a Virginia resident who had no affiliation with AAS. See Defense

Exhibit 5.

On December 14, 2022, Mr. Richardson was charged by complaint with Felony Second

Degree Murder pursuant to Minn. Stat. § 609.19.1(1) for the murder of AAS pursuant to Officer

Bromen’s report. The complaint does not state how Officer Bromen came to the conclusion that

Mr. Richardson was involved; it merely says that after a lengthy investigation, Mr. Richardson

was the shooter. Officer Bromen’s later determination that Mr. Richardson was involved

undermines the integrity of the 18-month investigation that excluded him as a suspect early on.

From an evidentiary standpoint, the only evidence linking Mr. Richardson to the murder

of AAS is the uncorroborated testimony of Jane Doe, an accomplice to the same murder. Aside

from the words of Jane Doe, there is no evidence—direct, circumstantial, or anecdotal—linking

Mr. Richardson to the murder. Detective Bromen and his colleague, Detective Claypool,

established that Mr. Richardson was with AAO at Speedway near the time of the shooting.

Multiple eyewitnesses confirmed that Mr. Richardson was still at the Ponds after Jane Doe had left

at 9:38 PM in the suspect vehicle.

Mr. Walker, AAO, and Mr. Harvey—all of whom were at the Ponds on the evening of June

22, 2021—intend on testifying at Mr. Richardson’s contested omnibus/Florence hearing on June

23, 2023. Mr. Walker, who lives in Cincinnati and works is a general manager at Auntie Annie’s,

intends to testify that he was having a casual sexual relationship with AAO in June of 2021; that

the party at the Ponds on June 22, 2021 was a going-away party for him because he was leaving

for Cincinnati at the end of June 2021; that Mr. Richardson, who was at the Ponds with him that

evening, took his red SUV to the gas station with AAO because AAO wanted cigarettes and was

too intoxicated to drive; that he [Mr. Walker] did not have blonde and green dreadlocks at that

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time, or ever before; and that when Mr. Richardson returned to the Ponds, he gave Mr. Walker his

keys back, and Mr. Walker continued to see Mr. Richardson throughout the rest of the night.

Mr. Harvey, who lived at the Ponds unit where the party was held, intends on testifying on

June 26, 2023 that Mr. Richardson was at his home on the evening of June 22, 2021, and that he

saw Mr. Richardson sporadically throughout the night, approximately between 9:00 PM and

midnight; that Mr. Richardson was the only person at the party with blonde and green dreadlocks;

and that he did not recall seeing Mr. Richardson leave with Jane Doe. AAO intends to testify on

June 26, 2023 that she and Jane Doe were very close friends at one point and that Jane Doe was

the only person that AAO allowed to drive her car; that Jane Doe confided in AAO that she had

killed someone in December of 2020;21 that Jane Doe was known to be “madly in love” with Mr.

Richardson and lied about being pregnant with Mr. Richardson’s baby; that Jane Doe was not

actually pregnant in June 2021; and that AAO did not see Mr. Richardson leave with Jane Doe at

any point on June 22, 2021.

Upon information and belief, Jane Doe has already pleaded guilty, been sentenced, and

intends to testify against Mr. Richardson. There is no evidence with which to corroborate Jane

Doe’s testimony that Mr. Richardson was involved in the shooting of AAS on the evening of June

22, 2021. Most notably, Mr. Richardson had an alibi for the night of the shooting. Beyond the

uncorroborated testimony of Jane Doe, an objectively non-credible witness who cannot keep her

own story straight, the State has unequivocally failed to establish that Mr. Richardson was in any

way involved with AAS’s death. Thus, Mr. Richardson moves for an order dismissing the

21
Notably, in the discovery, there is a Facebook conversation between Jane Doe and AAO wherein Jane Doe tells
AAO that she had just killed someone and was scared. Officer Bromen merely reported that Jane Doe was likely
referring to a video game and never questioned Jane Doe about this statement.

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State of Minnesota
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complaint in its’ entirety for lack of probable cause pursuant to State v. Florence, 239 N.W.2d 892,

904 (Minn. 1976).

ARGUMENT

A defendant has a legitimate concern to resolve a case lacking in probable cause before

trial. Id. at 898. A probable cause motion requires a judge to determine whether it is more probable

than not that a crime was committed, and that the defendant committed the crime that is charged

in the Complaint. Id. at 892, 896; MINN. R. CRIM. P. 11.04, Subd. 1(a). Pursuant to Rules 11.03

and 11.04 of the Minnesota Rules of Criminal Procedure, in felony and gross misdemeanor cases,

a motion for insufficient probable cause may be brought and evidence offered in support of or

opposition to the motion.

A motion to dismiss for lack of probable cause is identical to the standard for appellate

review for sufficiency of the evidence. “As in the direct-evidence context, when a district court

considers a motion for judgment of acquittal, it must apply the same standard appellate courts use

to review challenges to sufficiency of the evidence.” State v. Sam, 859 N.W.2d 825, 831 (Minn.

Ct. App. 2015). If the standard for granting a motion to dismiss for lack of probable cause is the

standard for that of a motion for judgment of acquittal, Florence, 239 N.W.2d at 902–04, and the

standard for judgment of acquittal is the same as appellate review of sufficiency, then syllogism

yields: the standard for probable cause is the same as sufficiency of the evidence. This has obvious

significance—if the government does not have evidence that would allow it to defeat a motion for

judgment of acquittal, then it has nothing to offer for a jury’s consideration. It is in that precise

sense the jurisprudence invokes whether it is fair or not to stand trial. Florence, 239 N.W.2d at

902. The Court does not have to weigh any fact, but merely decide if such a fact is alleged.

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In order to succeed at trial, the State will have to prove each of the following elements of

the offense beyond a reasonable doubt: that Mr. Richardson: (1) caused the death of AAS; and (2)

intended to cause the death of AAS. To this end, the Court must ultimately address whether, given

all the facts disclosed by the record, it is fair and reasonable to require Mr. Richardson to stand

trial for second-degree murder pursuant to Minn. Stat. Id. at 902.

The entirety of the State’s case hinges on the uncorroborated testimony of Jane Doe, a

known participant in the shooting, which bars a conviction under MRCP 634.04 premised

unilaterally on the testimony of an accomplice. Pursuant to MRCP 634.04, “[a] conviction cannot

be had upon the testimony of an accomplice, unless it is corroborated by such other evidence as

tends to convict the defendant of the commission of the offense, and the corroboration is not

sufficient if it merely shows the commission of the offense or the circumstances.” Thus, even if

Jane Doe were found to be a credible witness, her testimony alone would not be sufficient to sustain

a conviction without additional corroborating evidence—of which there is none.

Jane Doe implicated Mr. Richardson during her interview with Officer Bromen, during

which Jane Doe made several inconsistent, mutually exclusive statements, and was caught telling

several lies. Multiple witnesses attested to seeing Mr. Richardson at the Ponds on the evening of

June 22, 2021; GPS data from AAO’ phone; the surveillance footage from the Ponds from June

22, 2021; and surveillance footage from the Speedway Gas Station on June 22, 2021. When Officer

Bromen interviewed AAO on July 2, 2021, he asked whether she saw Mr. Richardson leave with

Jane Doe at any point throughout the night, to which AAO responded, “Honestly, no.”

Pursuant to Florence, when defense counsel “is convinced that the record developed by the

time of the omnibus hearing fails to demonstrate the existence of probable cause, he is free to move

for dismissal pursuant to Rule 11.03.” If he challenges the adequacy of the "entire record including

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reliable hearsay" to support a finding of probable cause and does no more, the presiding judge will

make the critical determination based on all the information contained in the files and records as

of that time, including "reliable hearsay in whole or in part." Rule 11.03. Id. at 898.

Ultimately, this Court must address whether, given all the facts disclosed by the record, it

is fair and reasonable to require Mr. Richardson to stand trial. Id. at 902. The Supreme Court in

Florence listed four examples in probable cause hearings. Id. at 903. In Mr. Richardson’s case, the

State is relying unilaterally on the uncorroborated testimony of an accomplice, which is prohibited

by statute. the corresponding Florence example here is Example 3, wherein the record before the

trial judge consists of the verified complaint and the police report, including statements of

witnesses; and “where the defendant produces a witness subject to cross-examination whose

testimony, if believed, would exonerate him. Such witnesses would include:

[a] A defendant who denies the offense,

[b] a witness who places defendant at a place other than the scene of the crime,

[c] a witness who identifies a person other than the defendant as the perpetrator of the

offense, and,

[d] a witness to the offense who describes it in terms which, if true, demonstrate the absence

of one or more essential elements of the crime charged.”

Pursuant to Example 3 in Florence, Mr. Richardson [a] denies being involved in the

shooting of AAS at the Market on June 22, 2021; [b] there are multiple witnesses who place Mr.

Richardson elsewhere than the crime scene at the time of the shooting—and remarkably, this

includes the lead detective himself, Officer Bromen; [c] there are two witnesses to the shooting

who have not identified the suspect as Mr. Richardson, and [d] Mr. Richardson intends on calling

at least three witnesses who will unequivocally establish that he was not involved, and accordingly,

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that the elements of Felony Second Degree Murder pursuant to Minn. Stat. § 609.19.1(1) have not

been met. Id. at 903. Based on these facts, the motion to dismiss shall be granted unless there is

substantial evidence admissible at trial in the record which would justify denial of a motion for a

directed verdict of acquittal. Id. at 904.

In ruling on a probable cause motion to dismiss pursuant to Florence, “[T]he trial judge

must exercise an independent and concerned judgment addressed to this important question: Given

the facts disclosed by the record, is it fair and reasonable, applying Rule 11.0[4] as here interpreted,

to require the defendant to stand trial?” Id. at 902. “We are and should be concerned if innocent

persons can be forced to undergo expensive and demeaning trials only to be found not guilty, or if

trial on the merits can be delayed or aborted by excessive formalism.” Id. at 902–03.

The totality of the evidence against Mr. Richardson does not meet the low threshold for

probable cause, let alone proof beyond a reasonable doubt that he was in any way involved with

the shooting of AAS on the evening of June 22, 2021 at the Market.

It is not as though there is no evidence at all in this case; it is that all of the evidence—

direct, circumstantial, and eyewitness testimony—points away from Mr. Richardson. Mr.

Richardson’s DNA and prints were not found anywhere in the suspect vehicle or its’ contents;

there was no weapon identified, let alone a weapon linking Mr. Richardson to the shooting on June

22, 2021; the only eyewitness, the victim’s girlfriend MER, could not identify Mr. Richardson in

a photo line-up after expressing that she would be able to because the shooter reportedly looked

directly at her; MER also reported that the shooter had shoulder-length dreadlocks and dark skin

but noted nothing distinct about the color of his hair. MER stated the shooter’s right arm and hand

were hanging out of the window but said nothing about any tattoos on the shooter’s arm or hand.

Mr. Richardson has distinct tattoos covering his right arm and hand, which presumably would have

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been noticeable to an eyewitness in close proximity. Mr. Richardson could not even clutch a

handgun with his right hand due to a bullet being lodged in his right forearm after he was shot in

April 2021. Most notably, Mr. Richardson had an alibi for the time of the shooting, and this alibi

was established by Officer Bromen himself.

In those instances where defendant's counsel is convinced that the record developed by the

time of the omnibus hearing fails to demonstrate the existence of probable cause, he is free to move

for dismissal pursuant to Rule 11.03. Id. at 900. Based on the entirety of the record, it is

unequivocal that the State has not met the threshold for probable cause to justify charging Mr.

Richardson with the second-degree murder of AAS on June 22, 2021, let alone, to sustain a

conviction for this offense. For the foregoing reasons, Mr. Richardson request that the complaint

be dismissed for lack of probable cause pursuant to Rule 11.03. Id.

CONCLUSION

To conclude, there is no evidence—direct, circumstantial, or even anecdotal— linking Mr.

Richardson to the murder of AAS at the Nice African Family Market on June 22, 2021 at 9:45 PM.

Mr. Richardson has an alibi for the time of the shooting. The only “evidence” against Mr.

Richardson is the uncorroborated testimony of a noncredible accomplice named Jane Doe. Based

on the record developed at this point, the State has not met the burden of probable cause required

to charge Mr. Richardson with Felony Second Degree Murder pursuant to Minn. Stat. §

609.19.1(1). For the foregoing reasons, Mr. Richardson respectfully requests that the above

motion be granted, and the complaint be dismissed for lack of probable cause.

WHEREFORE, Benjamin Perry Richardson requests that this matter be dismissed for lack

of probable cause upon the face of the Complain pursuant to State v. Florence.

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Respectfully submitted,

Sarah Gad,

Dated: June 16, 2023

Attorney for Defendant
Atty Reg. No. 0403328
Gad & Gad Law Offices
916 Emerson Ave, Suite D
Minneapolis, MN 55411
Phone: (612) 512-1870
sarah@gadlawoffice.com

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