POLK COUNTY, Minn. (Valley News Live) – The Polk County District Attorney’s Office has determined that Nicholas Fladland was justified under Minnesota law in the shooting death of 35-year-old Anthony Scott Dale.

Dale, of Crookston, died May 16 from multiple gunshot wounds.

The Crookston Police Department said just before 1 a.m. officers spotted Dale on the street wielding an ax in the area of ​​East 7th Street. Police said he began approaching officers as they tried to contact him. Less lethal methods were used to stop him, but authorities said initial contact did not stop him and officers shot Dale. Officers provided life-saving care but Dale died later in hospital.

Officer Nick Fladland fired his department’s pistol. Fladland has five years of law enforcement experience and is on leave due to critical incidents. The Minnesota BCA said two other officers used less lethal force, but it was ineffective. Fladland fired his department’s pistol, striking Dale multiple times.

Polk County Prosecutor Greg Widseth sent the following statement on Friday, November 8:

Dear Special Agent Byron:

I have reviewed materials submitted to this office regarding the investigation into the death of Andrew Scott Dale (Dale) and based on this review, I have found no basis for criminal charges to be brought against any of the officers. Individuals involved in the incident that led to Dale’s death on May 16, 2024.

As you know, Minnesota’s statute regarding the use of deadly force by peace officers currently states:

(a) Notwithstanding the provisions of Section 609.06 or 609.065, the use of deadly force by a peace officer while on duty may be justified only if an objectively reasonable officer believes it based on the totality of the circumstances known to the officer on duty. that such power is necessary, without the benefit of time and hindsight:

(l) To protect the peace officer or another person from death or great bodily harm, provided that the following threat:

(i) can be expressed specifically;

(ii) it is reasonably likely that law enforcement will take action in your absence; And

(iii) be dealt with using deadly force without unreasonable delay; or

(2) to cause the arrest or apprehension, or to prevent the escape, of a person whom the peace officer knows or has reasonable grounds to believe has committed or attempted to commit a serious crime, and whom the officer reasonably believes will cause the death of such person or a serious crime, unless promptly apprehended (l). Causing bodily harm to another person within the scope of the threat criteria in paragraphs (i) to (iii) of the article.

(b) A peace officer shall not use deadly force against a person based on the danger the person poses to himself, if an objectively reasonable officer believes, based on the totality of the circumstances known to the officer at the time and without his benefit. that, in hindsight, the person did not pose a threat of death or great bodily harm to the peace officer or another person in accordance with the threat criteria set forth in paragraph (a), paragraph (1), (i) through (iii).

Minn.Stat. 609.066, subd. 2. “Deadly force” is defined as:

The force used by the actor with the intent to cause, or which the actor reasonably should have known, creates a serious risk of causing death or great bodily harm. Intentional discharge of a firearm, other than a firearm loaded with less-lethal ammunition used by a peace officer in the course of his or her official duties, at another person or at a vehicle believed to be occupied by another person, deadly force

Minn.Stat. 609.066, subd. I.

In this case, there is no question that Crookston Police Department (CPD) Officer Nicholas Fladland used deadly force when he shot and killed Dale on May 16, 2024. The issue then is whether an objectively reasonable officer based on integrity would believe it. Given the circumstances the officer knew at the time, and without hindsight, it became clear that deadly force was necessary to protect himself or someone else from death or great bodily harm. In my view, considering the totality of the circumstances, there is no doubt that lethal force was justified and immediately necessary in this case.

There is actually no dispute about what happened on May 16, 2024, as almost all of the relevant events were captured on video via squad car and body-worn cameras. The incident began when CPD Officer Alex Rudnik was at the intersection of West 6th Street and North Broadway in Crookston, Polk County, Minnesota, when he saw a naked male, later identified as Dale, in the street in front of Domino’s. Dale looked agitated, yelling and waving what appeared to be an ax in the air above his head. (The Minnesota Bureau of Criminal Apprehension Forensic Science Laboratory called this ax a Viking-style axe.) Dale then began running toward Officer Rudnik’s squad car, so Officer Rudnik put his squad car in reverse and backed toward the top of the hill. . Dale continued walking up the hill, ax in hand. Meanwhile, other police teams came to the scene to help.

After parking his squad car at the top of the hill, Officer Rudnik got out of his squad car to talk to Dale but maintained his distance from Dale. Dale still looked uneasy and was brandishing the ax as he stood in the middle of the street. Dale repeatedly told Officer Rudnik to shoot him and stated that he wanted to die. Dale also stated that if anyone came near him, he would kill them. Officer Rudnik unholstered his stun gun. Dale continued talking, asked if Officer Rudnik was ready, said he was going to kill Officer Rudnik, and then ran directly towards Officer Rudnik, putting the ax on (Dale’s) head. Officer Rudnik used his stun gun twice, striking Dale with the second shot. Dale fell to the ground but quickly got up and grabbed the axe. Officer Rudnik tried to fire his stun gun a third time, but he did not respond. Dale then turned and ran in the opposite direction towards other officers who were then coming up the hill to assist Officer Rudnik. This included Officer Fladland.

Upon arrival on scene, Officer Fladland observed Dale interacting with Officer Rudnik, armed with an axe. Officer Fladland requested that the Polk County Deputy retrieve his 40mm less lethal ammunition. Officer Fladland also instructed another officer to mobilize to attempt to provide support to Officer Rudnik. However, before the officer could do so, Officer Fladland observed Dale running towards Officer Rudnik with the axe. Officer Fladland heard Officer Rudnik use the stun gun but observed that the stun gun failed to subdue Dale, who stood up and retrieved the axe. Officer Fladland advanced toward Officer Rudnik and Dale, unholstered his gun, pointed it at Dale, and repeatedly yelled for Dale to get down. Dale then ran directly towards Officer Fladland with the ax still in both hands. Officer Fladland yelled again for Dale to get down, but Dale did not and continued running towards Officer Fladland. At this point, Officer Fladland shot Dale repeatedly until Dale stopped and fell to the ground with the ax still in his hand. Officer Fladland and other officers attempted to provide immediate medical aid to Dale, but he died from multiple gunshot wounds. Approximately 20 seconds elapsed from the time Dale began running toward Officer Rudnik with the ax until Officer Fladland ceased fire. Frankly, Officer Fladland did not have much time to react to Dale’s actions or consider alternative courses of action.

While this was going on, Polk County Sheriff’s Office Deputy Dylan Van Der Stad had his rifle focused on Dale and was preparing to use deadly force on Dale when Officer Fladland fired his pistol. Deputy Van Der Stad estimated that Dale was within 15 feet of Officer Fladland and was still running toward them when Officer Fladland fired his pistol. This is consistent with Officer Fladland’s body camera video.

Based on this sequence of events, it is clear that Dale posed a serious threat to all officers at the scene, any member of the public who dared enter the area, and any residents living nearby. Dale expressed his intention to kill anyone, including anyone who came near him and had the strength (axe) to do so. Just before running at Officer Rudnik, Dale specifically stated that he was going to kill him by holding the ax over his head, and even after being shocked, Dale stood up, grabbed the axe, and ran towards the officers coming up the hill. To help Officer Rudnik. It was objectively reasonable at the time for Officer Fladland to believe that Dale intended to kill himself or any of the other officers nearby and that deadly force was necessary without unreasonable delay to prevent Dale from doing so.

Although unknown to Officer Fladland or other officers at the scene at the time, there is several additional pieces of evidence that add context to the incident that occurred on May 16, 2024. First, the autopsy report showed that Dale’s blood sample contained psilocin. Schedule I hallucinogenic controlled substance. This may provide an explanation for Dale’s erratic and seemingly irrational behavior on May 16, 2024. (This is also consistent with the fact that a hallucinogenic mushroom growing operation was later discovered at Dale’s home later on May 16, 2024.)

Second, CPD’s reporting system included a “warning” about Dale stating that he had “threatened suicide by police” in the past and that he was a known drug user.

Third, Dale’s wife told investigators that Dale had been abusive for three years but had gotten worse recently; that night he was covered in mushrooms; went crazy in their apartment and behaved like a monster; He had an ax in his hand; He didn’t kill him because he convinced him that he wasn’t afraid of him; strangled her before leaving the apartment; He stated that he would kill people/someone while leaving the house; and as he left the apartment he was screaming and had an ax in his hand.

There is no dispute that Dale’s death was a tragedy. But it was Dale’s actions that ultimately led to his death. To me, this seems like a classic case of “suicide by cop.” It’s unclear whether Dale suffers from some form of mental illness, hallucinates due to the illegal drugs he takes, and/or a combination of the two. But Dale made his intentions clear; He wanted to die and was willing to kill someone to achieve that goal. Fortunately, no one was seriously injured or killed as a result of Dale’s actions.

Based on all of the evidence I reviewed as part of this investigation, I conclude that Officer Fladland was justified in using deadly force against Dale because it was (1) in the line of duty, (2) objectively reasonable given the integrity. circumstances known to him at the time and (3) necessary to protect himself or others from death or great bodily harm caused by Dale. Minn.Stat. 609.066, subd. 2(a)(1). I further conclude that: (l) Officer Fladland stated the threat posed by Dale with sufficient specificity (as observed in the video footage), (2) it was probable that the threat would have occurred without action by Officer Fladland, and (3) the threat was fatal at that precise moment. It will be solved by using force. Minn.Stat. 609.066, subd. 2(a)(1)(i-iii). If Officer Fladland had not stopped Dale, then Officer Fladland or anyone else could easily have been killed or seriously injured by Dale. Accordingly, in my opinion, Officer Fladland’s actions were legally justified and there is no legal basis to bring any criminal charges against Officer Fladland or any other officer involved in the events leading to Dale’s death on May 16, 2024.

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