A man who allegedly struggled with and pointed a gun at a Wadena County sheriffs deputy could face 23 years in prison and a $35,000 fine for assault and fleeing an officer.
Gary Franklin Albin, 62, Sebeka, is charged with first-degree assault, a felony, and fleeing a police officer, a felony, for allegedly pointing a gun at Deputy David Shaw on March 11. Albin is being held in Wadena County Jail on $50,000 bail and $500,000 bond.
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 attempting to execute the warrant.
Shaw tried to stop Albin in his vehicle, but Albin failed to stop and drove to his home outside Sebeka, according to a Wadena County Sheriffs Department news release. 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 retreated to his squad car to call for assistance, according to the reports.
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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, striking him in the leg. Albin was treated at a hospital and released to the Wadena County Jail.
Shaw was placed on administrative leave pending the outcome of an investigation by the Minnesota Bureau of Criminal Apprehension. This is typical procedure after an officer is involved in a shooting.
