Minnesota official says federal investigators blocked access to shooting scene

Minnesota BCA Investigation into Deadly Force Incident – Detailed Summary

Key Concepts:

• BCA (Bureau of Criminal Apprehension): Minnesota’s state-level investigative agency, responsible for investigating officer-involved shootings and other major crimes.
• Force Investigations Unit: The specialized unit within the BCA dedicated to investigating incidents involving the use of deadly force by law enforcement.
• Department of Homeland Security (DHS): Federal agency currently leading the investigation into the incident discussed.
• Federal Bureau of Investigation (FBI): Federal agency with whom the BCA has a long-standing collaborative relationship, but was not the lead agency in this instance.
• Search Warrant: A judicial order authorizing law enforcement to search a specific location for evidence.
• Concurrent Jurisdiction: When both state/local and federal authorities have legal authority over a case.
• Independent Investigation: An investigation conducted without bias, focused on fact-finding and evidence collection.

1. Background and BCA’s Role in Deadly Force Investigations

Drew Evans, Superintendent of the Minnesota Bureau of Criminal Apprehension (BCA), addressed the public regarding the BCA’s involvement in the investigation of a recent deadly force incident. He emphasized that the public expects – and deserves – independent, thorough, and transparent investigations when law enforcement is involved in a fatality. The BCA’s Force Investigations Unit routinely handles the majority of these cases in Minnesota, mirroring common practice across the United States. This includes investigations involving federal officers and high-profile incidents, such as those in Minneapolis. The unit comprises highly trained investigators and crime scene personnel dedicated solely to these types of investigations. The BCA’s role is to compile facts for review by state and federal prosecutors, not to determine guilt or innocence.

2. Incident Response and Access Denial

Following the recent incident in Minneapolis, the Minneapolis Police Department requested the BCA’s Force Investigations Unit to conduct an independent investigation, as they have done previously. Evans contacted federal authorities to inform them of this intention. However, upon arrival at the scene, the BCA team was blocked from accessing the area by federal agents from the Department of Homeland Security (DHS). Despite attempts to collaborate with the FBI to gain access, these efforts were unsuccessful.

3. Obtaining a Search Warrant and Continued Denial of Access

In an unusual move for a public area, the BCA secured a search warrant from a judge, intending to use it to legally authorize access to the scene for evidence collection. Despite presenting the signed warrant, federal authorities again denied the BCA entry. Evans explicitly stated, “We were denied after we provided information we had a warrant.” This represents a significant departure from established protocols.

4. Shift in Investigative Leadership and Lack of Cooperation

Evans clarified that the investigation is now being led by the Department of Homeland Security Homeland Security Investigations, not the FBI. While the FBI initially gathered information and conducted a preliminary crime scene evaluation before departing, subsequent attempts by the BCA to begin their own examination were thwarted. Evans expressed concern about the lack of cooperation, stating that obtaining all necessary evidence and information will be “difficult without cooperation.” He also revealed he attempted to contact the federal commander on scene but received no response.

5. Impact on Investigation and Evidence Gathering

The denial of access resulted in the BCA being unable to conduct any substantial work at the scene itself. However, the team has begun interviewing witnesses, collecting video evidence, and pursuing other investigative avenues. Evans acknowledged the possibility of returning to the scene at a later time if relevant evidence emerges, but emphasized the compromised nature of the investigation due to the initial lack of access. He noted the importance of mapping the scene, a standard procedure that was impossible to perform.

6. Concerns Regarding Established Protocols and Federal-State Cooperation

Evans highlighted the unprecedented nature of the situation, stating, “We’re in uncharted territory here.” He explained that it has been a long-standing understanding, both in Minnesota and nationally, that agencies like the BCA are routinely asked to investigate incidents involving federal agents. He expressed a desire for a clear understanding of any new process the federal government intends to implement, emphasizing the need for transparency with the public. He stressed the importance of the long-standing partnership between the BCA and the FBI, noting that this collaboration has been disrupted by actions taken by entities outside of the state.

7. The Importance of Thorough Investigation and Complexities of Officer-Involved Shootings

Evans underscored the complexity of officer-involved shootings, regardless of available video footage. He emphasized that a full investigation is crucial to understanding the events that transpired, stating, “The only way to really truly understand what occurred is to have a full investigation of the matter.” He reiterated the BCA’s commitment to conducting independent and transparent investigations, providing findings to the county attorney’s office for review.

8. Addressing Concerns about Rule of Law and Federal Authority

Responding to a question about whether local law enforcement has lost the ability to enforce the rule of law against federal officers, Evans acknowledged the complex legal landscape involving state, local, federal, and tribal authorities. He emphasized the importance of continued dialogue and partnership between these entities, stating, “We need to find a path forward.” He expressed a desire to de-escalate tensions and maintain a collaborative relationship, emphasizing that collective efforts enhance public safety.

9. Identification of Involved Agents and Ongoing Investigation

Evans confirmed that the BCA is aware of reports regarding the identity of the deceased individual but awaits official confirmation from the medical examiner. He stated that the Department of Homeland Security has not provided the BCA with the identities of the federal agents involved in the shooting.

10. Historical Precedent and Lack of Prior Denial of Access

Evans stated that in his 20+ years with the BCA, he has never experienced a situation where federal authorities denied access to a crime scene. He clarified that investigations involving national security concerns are exceptions, but this incident does not fall into that category.

Synthesis/Conclusion:

The situation described by Superintendent Evans represents a significant breakdown in established protocols for investigating officer-involved shootings in Minnesota. The denial of access to the crime scene, even with a valid search warrant, raises serious concerns about transparency, accountability, and the ability to conduct a thorough and independent investigation. The shift in investigative leadership to the Department of Homeland Security, coupled with the lack of cooperation, presents challenges to gathering crucial evidence and understanding the full circumstances of the incident. Evans’ statements underscore the importance of continued dialogue and collaboration between state and federal law enforcement agencies to ensure public trust and maintain the integrity of the investigative process. The BCA remains committed to pursuing the investigation to the best of its ability, despite the obstacles encountered.