The four St. Paul officers who shot and injured a man who was walking around a busy city intersection last fall with a gun pointed to his head will not face criminal charges. 

The Ramsey County Attorney's Office concluded that the use of deadly force by Sgt. LaMichael Shead and officers Shawn Marlowe, Chase Robinson and Blake Steffen was legally justified under state law. 

According to video of the scene on Oct. 28, Earl Bennett was walking around the intersection of Snelling and University avenues with a gun pointed to his head. Officers ordered him to drop his gun, but he did not comply, the memorandum says.

Officers fired several "less lethal" rounds, but Bennett still did not drop his gun. Written statements by officers each said that they saw Bennett "suddenly point his gun at the officers," the memorandum states. 

The officers responded by firing a total of 31 rounds at Bennett, 15 of which struck and seriously wounded him. He was taken to the hospital where he was treated for his injuries. His right leg was amputated as a result. 

Minnesota law says that use of deadly force by a peace officer in the line of duty can be used to protect a peace officer or another from apparent death or great bodily harm. The law was updated in 2020 to include that the officer must be able to articulate the threat they are facing. 

The memorandum concludes that Bennett posed an immediate threat to the lives of officers when he pointed his gun at them. Without the use of deadly force, the officers and bystanders "were reasonably likely to suffer great bodily harm or be killed," the document states.

Bennett was charged in October with second-degree assault and unlawful possession of a firearm in connection to the encounter with officers.

He also is charged with three counts of second-degree murder tied to a shooting at a Minneapolis homeless encampment on Oct. 27 and attempted first-degree murder in a shooting at a sober house on the city's south side. 

Note: The above video first aired on Oct. 29, 2024.

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