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Crime, Law and Justice
MPR News Staff

County attorney rules fatal police shooting in St. Paul was legally justified

Police tape and squad cars on a street
St. Paul police block off a section of Marshall Avenue near Cretin Avenue after an exchange of gunfire on Dec. 7, 2023. One man died and a police officer was injured.
Ben Hovland | MPR News

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The Ramsey County Attorney’s Office announced Thursday that it will not file charges against a St. Paul police officer who fatally wounded a man during an exchange of gunfire on a city street last December.

Video of the incident showed that officer Michael Tschida — the first officer to arrive at the scene of the domestic violence call — was shot in the leg by 24-year-old Brandon Daleshaun Keys. Tschida returned fire, striking Keys, who later died.

The gunfire happened along Marshall Avenue on Dec. 7. Authorities said Keys’ former romantic partner had called 911 to report that Keys was ramming her vehicle, and that he was armed.

St. Paul police had released the body camera video of the shootout less than a week after it happened. The Minnesota Bureau of Criminal Apprehension investigation continued, with the results forwarded to the Ramsey County Attorney’s Office.

The county attorney’s office summarized those findings in a report released Thursday, along with the decision to not file charges.

The report said that in addition to the video evidence, three witnesses told BCA investigators that they saw or heard Keys fire his gun first.

County attorney’s office staff wrote that Tschida was “objectively reasonable in his belief” that Keys “posed an imminent threat to his life and the lives of other bystanders,” and that if Tschida had not used deadly force, the officer “was reasonably likely to be killed, or suffer great bodily harm.”

In a letter released Thursday, Ramsey County Attorney John Choi wrote that he agreed with his staff’s recommendation that the use of deadly force was legally justified, and that criminal charges are not warranted.

“I’m sure this incident has deeply impacted all of those involved, including our community. The truth is that all too often police officers are called to dangerous situations having to place their lives on the line to protect those who call upon them and our community,” Choi wrote. “We should appreciate this act of public service while also recognizing the deep loss that is felt by the family and friends of Mr. Keys.”