Lawyer for man accused of killing North Dakota teen at street dance asks judge to drop murder charge

CARRINGTON, N.D. — A courtroom battle is brewing in a homicide case that drew nationwide consideration.

The lawyer for 41-year-old Shannon Brandt, the person

accused of hitting and killer a young person along with his SUV after a road dance in central North Dakota,

mentioned the prosecutor filed the homicide cost based mostly on “hype” over false accusations of republican extremism, not proof.

The six-page transient filed in Foster County District Court docket asks the choose to drop the homicide cost in opposition to Brandt.

Brandt, from Glenfield, is accused of killing 18-year-old Cayler Ellingson again on Sept. 18 in McHenry.

In submitting, Brandt’s lawyer, Mark Friese of Vogel Regulation Agency, mentioned his consumer advised 911 a number of instances it was an accident and he was attempting to get away from the teenager.

Friese accuses freeway patrol troopers of submitting “faulty” claims to help the homicide cost. Particularly, claims that Brandt believed Ellingson was a part of a “Republican extremist group.”

“The protection has executed a pleasant job of type of contradicting that and saying there may be extra right here than meets the attention,” mentioned Blake Hankey of Hankey Regulation.

Hankey is a felony protection lawyer not related to the case, however has labored a number of homicide instances.

WDAY Information was requested for his interpretation of the argument, which additionally features a 19-page transcript of the 911 name Brandt made that evening.

“Extra of a self-defense sort of argument and extra of an accident versus an intentional act,” Hankey mentioned.

Brandt’s lawyer factors to the 911 name, noting Brandt by no means mentioned Ellingson was a part of a “Republican extremist group,” however slightly Ellingson solely threatened to name an extremist group to come back “deal with him.”

Friese additionally argues troopers wrote that Brandt struck Ellingson as a result of Ellingson was threatening him. Brandt advised the 911 operator it was unintended in an effort to get away, “I used to be attempting to flee him…He received on my car…I used to be scared…I by no means meant to harm him…I did not imply to…I used to be scared to demise.”

That is the place the large argument between the protection and prosecution can be, based on Hankey. “Did this motion create or manifest the intense indifference of human life,” he mentioned.

Brandt’s lawyer additionally notes the medical expert dominated Ellingson’s demise an accident. The teenager’s blood alcohol content material was almost 3 times the authorized restrict to drive.

Troopers mentioned Brandt was additionally drunk, however haven’t disclosed his blood alcohol degree.

“There have been different choices that the coroner might have chosen, together with murder, and so they selected accident,” Hankey mentioned, including that prosecutors haven’t responded to the protection’s argument, and sure have proof that they haven’t made public but to help their declare.

“I do not suppose a prosecutor would deliver a homicide cost if they may not show it,” Hankey mentioned.

Prosecutors haven’t responded to the transient, and sure will not till Brandt seems in courtroom subsequent week.