A Wadena County deputys shooting of a man who allegedly pointed a gun at him was found to be justified and necessary after a Bureau of Criminal Apprehension investigation.
Deputy David Shaw shot Gary Franklin Albin on March 11 after Albin allegedly ran from the deputy and pointed a gun at him.
Shaw was placed on administrative leave pending the outcome of an investigation by the Minnesota Bureau of Criminal Apprehension, a typical procedure after an officer is involved in a shooting. After a meeting with the Bureau of Criminal Apprehension, Shaw was taken off administrative leave March 17 and was exonerated by the county attorney on March 24, said Wadena County Chief Deputy Steve Young. The shooting was determined to be justified and necessary, Young said.
Albin, 62, Sebeka, has pleaded innocent to assault and fleeing an officer.
He could receive 23 years in prison and a $35,000 fine if convicted of first-degree assault, a felony, and fleeing a police officer, a felony for the alleged crimes. Albin is being held in Wadena County Jail on $50,000 bail and $500,000 bond.
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Shaw shot Albin in the leg after warning the man to stop and put down the firearm, according to the sheriffs department.
The incident happened about 9:45 a.m. March 11, when Shaw attempted to stop a vehicle driven by Albin, according to the sheriffs department. An arrest warrant had been issued for Albin for reckless driving, driving after revocation and no seat belt. Shaw was trying to execute the warrant.
Shaw tried to stop Albin in his vehicle, but Albin failed to stop and drove to his home outside Sebeka. Shaw pushed Albins vehicle into the ditch with his squad car. Then, Albin ran toward his house and Shaw followed him, according to court reports. Shaw reached Albin as they reached the house and they struggled and fell to the ground. Albin allegedly pulled at the equipment on Shaws belt, trying to reach a weapon, according to court reports. Albin got away from Shaw and went into the house while Shaw went to his squad car to call for assistance, according to the reports.
Then Albin came out with a firearm and came toward the deputy. After repeated warnings from Shaw to stop and put down the firearm, Albin pointed the firearm at the deputy, according to the sheriffs department.
Then, Shaw shot Albin in the leg. Albin was treated at a hospital and released to the Wadena County Jail.
Albin is scheduled to appear in court Tuesday for a pretrial settlement conference.
