Charges dismissed against one of four men involved in Jamar Clark protest shooting
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All charges have been dismissed against Daniel Thomas Macey, one of the men involved in a confrontation at a Jamar Clark protest in north Minneapolis in 2015. The confrontation ended when one of Macey's companions opened fire on a group of protesters.
The killing of Clark by a police officer in 2015 launched protests across the Twin Cities, including outside the Minneapolis Police Department's 4th Precinct.
On the night of Nov. 23, 2015, Macey and three other men traveled to the site of that protest. The group was involved in a confrontation with protesters that ended when Macey's friend Allen Scarsella shot five people.
Scarsella was convicted of first-degree assault and riot charges earlier this month. Scarsella hasn't yet been sentenced.
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Macey, 27, was charged with one count of riot and five counts of aiding an offender after the fact. Attorneys for two other defendants facing similar charges, Nathan Gustavsson and Joseph Backman, have also filed motions to dismiss the charges. Court hearings for the two remaining defendants are scheduled for Thursday.
Hennepin County Judge Hilary Caligiuri granted the motion to dismiss the charges against Macey on Tuesday. The riot charge was dismissed because Macey had already separated from Scarsella and Gustavsson when the shooting occurred, according to the decision.
Prosecutors alleged that Macey had deleted electronic evidence of the shooting. But the judge ruled that the prosecution didn't provide evidence showing that the files that were erased were more than Japanese anime and Macey's schoolwork.
Macey's attorney, Ryan Garry, said Macey has maintained his innocence throughout the process.
"Mr. Macey is extremely relieved by the court's decision," Garry said. "After 15 months of waiting, pending serious felony charges, he can finally move on, put this case behind him, and put his life back together."
The Hennepin County Attorney's Office declined to comment until the motions by the other two defendants are resolved.