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Experts raise questions about red flag law after downtown Minneapolis mass shooting

Questions continue to swirl following a mass shooting in downtown Minneapolis on Wednesday that left three people dead, including the suspect, and several others injured.

Minnesota Bureau of Criminal Apprehension Superintendent Drew Evans identified the suspect as Carlton Johnson II. Police say he killed two of his neighbors before authorities shot and killed him.

Defense attorney Joe Tamburino has watched the aftermath of the deadly incident unfold. WCCO asked what information is sticking out to him.

"Two things: violent past, as alleged in a number of what's called orders for protection, basically restraining orders, and number two, why didn't the county seek an emergency protection order, known as a red flag law? Why didn't they seek that?" Tamburino told WCCO on Friday.

Tamburino says one incident in particular, on June 25, when Johnson threatened another resident with a gun, could have triggered the law. James Densley of Metro State University does, too.

"There's enough of a background to suggest, perhaps, it was worth putting two and two together, looking at the bigger picture of this, and looking at whether or not this could have gone to a court hearing to go to an extreme risk protection order, which may have saved lives in this particular case," Densley said.

The Hennepin County Attorney's Office says there wasn't sufficient evidence to pursue a red flag law. Densley says it's possible they didn't have all the information.

Both Densley and Tamburino agree that this is an example of something a red flag law could, and should, be catching.  

"What's the harm? If you don't get the order immediately, meaning the judge doesn't sign off on the temporary order, you've really lost nothing," Tamburino said. "You've at least tried. In a situation like this, where you have clear history of someone who has at least had some type of, let's face it, mental health problems with violence, with guns, why not do it?"

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