DTA Faces Potential Lawsuit After Man Nearly Beaten to Death

DTA, City of Duluth Not Releasing Video Or Details of Investigation

DULUTH, Minn –

The Duluth Transit Authority could be facing a lawsuit over a bus ride gone very wrong for a 71-year-old man.

He ended up in the ICU with bleeding on the brain after being nearly beaten to death by another passenger as the bus driver drove off.

Nearly six months later, the city refuses to answer FOX 21’s questions about the driver, or release surveillance video from that ride.

Back in May, we got a news tip about a facebook post circulating claiming that a senior citizen was nearly killed after an assault on a DTA bus.

Duluth police verified to us that the crime did happen, and according to court documents, it all started due to “swearing” on the bus.

In July, Jeremy Baumgart pleaded guilty and was convicted of third-degree-assault.

The victim told police while on the bus, Baumgart started swearing, the victim “got mad at him for swearing,” and then the bus driver told Baumgart to get off the bus.

The victim said that’s when Baumgart grabbed him, and “dragged him off the bus as well” and then “started to punch him in the face.”

Witnesses told police Baumgart was on top of the 71-year old victim “who was laying on the sidewalk,” on West Michigan Street and Baumgart “just kept punching him and kept going.”

The injuries were severe, the victim had a fractured skull, and bleeding in the brain. He ended up in the ICU. The criminal case is closed, but a big question remains about the safety of Duluth Public Transporation, because despite a DTA rule from the “bus operator manual” that requires bus drivers to hit a “covert alarm” that will automatically call 911 if ” a passenger’s behavioral problem escalates to a level where personal safety is a concern and requires response by law enforcement” the DTA hasn’t provided a record that there was any 911 call at all.

Police tell us they only became involved because an officer happened to drive down the street and come across the scene.

Since May we’ve asked the DTA several  times if the driver is facing any disciplinary action in this case., all they’ve ever said was “the incident that occurred between two DTA passengers on Saturday, May 5, 2018 is still an ongoing legal matter. The DTA has cooperated with local authorities during their investigation.”

According to Minnesota Public Records Law, once a criminal case is closed and a 90-day appeal window has closed criminal investigative materials for the case are available for the public to view. We’ve requested the surveillance video from the bus but the City Attorney refuses to release it.

When we pressed them for answers as to why, they say they’ve been advised they may be sued in relation to the matter, and “because of this classification, the video data cannot be released at this time.”

A look at the Minnesota Court docket shows no cases are filed now against the DTA about this matter. We’ve asked several times for the name of a party or attorney threatening legal action with no response.

The DTA refused to do an interview or answer any specific questions about the case, including if that public transportation driver is still employed. They say they won’t comment due to a possible lawsuit.