MINNEAPOLIS _ A homeowner suspecting that someone was breaking into his house in rural southern Minnesota shot at a car leaving the property, killing one of three people in the vehicle, according to charges filed Monday.
David A. Pettersen, who lives southeast of Madelia, was charged in Watonwan County District Court with second-degree manslaughter and intentional discharge of firearm in connection with the death Saturday of Nicholas T. Embertson, 19, of Madelia.
Pettersen told a sheriff's deputy that he fired a handgun at one of the car's tires as the vehicle was leaving his property after an attempted burglary, according to the criminal complaint. He said the vehicle "got stuck in his driveway" after he fired at it, but it left soon after, the complaint continued.
The incident unfolded about 7 a.m. at Pettersen's residence in Fieldon Township, according to the Sheriff's Office.
Pettersen, 65, appeared in court Monday morning. His bail was set at $100,000 with conditions. However, Pettersen was released without having to post bail by agreeing to several conditions, including no use or possession of firearms and that he remain in Minnesota unless given permission to leave.
Family at the Pettersen home directed away the news media, a telephone message was left at the house and court records do not list an attorney for him.
The identity of the other man who was injured was revealed in the charges as 18-year-old Kyle T. Nason, of nearby Sleepy Eye. The charges say Nason had a broken ankle.
While the law allows for the "justified taking of a life if your life or your family's life is in danger," Chief Sheriff's Deputy Jeremy Nachreiner said Monday, "what we gathered from evidence and statements was that (manslaughter) was the appropriate crime."
County Attorney Stephen Lindee said Monday afternoon that it is possible that the two men with Embertson could be charged for their roles in the incident.
A deputy called to the scene that morning stopped the car with the three men inside, according to the Sheriff's Office.
Embertson, Nason and Cornelius Ayers Jr., 18, of Madelia, were in the vehicle, the Sheriff's Office added. An ambulance was called, and Embertson and Nason were hospitalized in Madelia. Embertson died at the hospital. Ayers had no injuries.
Deputies arrived at the house and spoke with Pettersen. Nachreiner said the homeowner offered no resistance during his arrest.
The chief deputy said this was his agency's first contact with Pettersen.
Embertson's former girlfriend, Amber Branham, said Monday, "He didn't deserve this."
Branham said Embertson was within two credits of graduating high school and described him as someone who was "up for anything. ... We'd find walking trails like the ones at Nerstrand State Park (southeast of Northfield). He'd randomly want to go to Perkins at 2 a.m. if neither of us could sleep. ... He was just an adventurous kind of man."
According to the complaint:
Pettersen called the Sheriff's Office and said he shot at the vehicle as it left his property "after an attempted burglary," the charging document read.
The deputy heading to the home spotted the vehicle and turned around in pursuit. He located it pulled over on the shoulder about 2 miles north of Pettersen's home and found the three men inside: one dead, one injured and the other unscathed.
While hospitalized, Nason told a sheriff's investigator that he and the others went to the home to "case" it for a burglary, the complaint quoted him as saying.
All the doors were locked. Nason said the other two boosted him onto the deck, and that's where Pettersen confronted him. Nason said he jumped from the deck to the ground about 10 feet below, injuring his ankle.
Once back in the car and driving away, Nason said he heard two loud bangs and Embertson say, "I think I've been hit."
Embertson, who was driving, lost consciousness and went off the driveway. Nason took over behind the wheel.
Pettersen told authorities he was in bed and heard someone trying to open a door. He looked out a bedroom window and saw someone on the deck. He said that's when he confronted the person later identified as Nason.
Pettersen looked out his kitchen window and saw Nason crawling toward the car. It was then that Pettersen got a .45-caliber handgun, left the house through the garage and saw the car pass by within about 10 feet.
He said he was aiming for the front driver's side tire when he fired two or three shots as it went by. He went inside called 911 and remained there until law enforcement arrived.
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