Duluth Officer Charged In Shooting Wants Case Dismissed, County Attorney Disagrees

2015 photo on City of Rosemount’s website congratulating Officer Tyler Leibfried on his new job with the Duluth Police Department.

DULUTH, Minn. – St. Louis County Attorney Mark Rubin is opposing a Duluth police officer’s request to dismiss charges against him in a shooting that injured an unarmed man.

Tyler Leibfried, 28, is facing two felony firearm charges, including one of reckless discharge.

Leibfried was responding to a possible domestic incident last September in downtown Duluth when he mistakenly thought he heard gunshots through an apartment door.

He’s accused of firing four shots into the door nearly 10 seconds after hearing the bangs and then firing another two shots six seconds after the victim is heard yelling to stop after being hit once in the back.

Rubin concludes the officer was fueled by fear and made an unlawful judgment to shoot, and based on the law Rubin believes the officer was negligent in his decision making to use deadly force, especially when a second officer who also heard gunshots retreated and never fired his weapon.

“We make no claim that the actions of the Defendant were malicious or even made with the intent to harm someone, however, the use of deadly force is only allowed if the officer can show that it was reasonably necessary for him to conclude that he was in danger of death or great bodily harm. Very simply, the decision to shoot into the door many times and under the circumstances was one of poor judgment, fueled by fear, and was not an objective reasonable necessity,” Rubin said in his Conclusion Statement, which can be found on Page 21.

Leibfried remains “off duty indefinitely” after an internal Duluth Police Department review concluded his actions went against policies and training.

Leibfried and lawyers have a week to respond to Rubin’s objection before a judge makes a final decision on the request to dismiss the charges.

This is the first time a Duluth police officer has been charged for firing a weapon on the job.