Man charged in St. Paul shooting says victim wasn't his target
ST. PAUL, Minn. -- Officials have charged a man in the shooting death of 59-year-old Jeffrey Foss, who was found dead on the 600 block of Dale Street North on July 1.
The defendant, Payton Wood, 22, was charged with second-degree murder after he says he accidentally shot and killed Foss.
Officers arrived at Dale Street North to find a single 9mm casing in an alley entrance and a garden with picnic tables nearby. The picnic tables were littered with empty alcohol bottles, white plastic cups, empty cigarette packages and cigarette butts.
While officers were examining the scene, they were approached by a man who they later identified to be Wood and two women. Officers did not identify the trio at first, who claimed they lived down the street and wanted to see what was going on.
Wood later admitted to investigators that he came back to the scene to find out what happened.
Officers spoke with one of Wood's friends who said he and others had been drinking on the picnic tables the previous night until 11-11:30 p.m. He said the group did not have any issues with anyone during that evening.
Surveillance video revealed Foss and another man walking on the sidewalk near the building at 609/611 Dale Street North. Foss' friend fought with Wood while Foss and Wood's friend were not involved in the altercation.
Foss' companion ran south with a knife in hand while Foss ran after, about 20 yards behind.
The video allegedly showed that Wood fired one shot from a handgun in the same spot officers found the bullet casing.
While watching the surveillance video, officers realized the person they spoke to earlier, Wood's friend, had lied and was an eyewitness
Wood's friend agreed to speak with an investigator. He told police he was hanging out with friends in remembrance of another friend who had recently died. Wood drove him home and when they turned to park, they saw Foss and the other man near the picnic tables, when Wood decided to confront them.
Foss' acquaintance also spoke to investigators, saying he stabbed one of the truck's tires to prevent the other men from chasing him and Foss after a physical altercation.
While running away, he heard a gunshot but did not stop until he reached a supermarket. He told investigators he was not aware Foss had died until a few days after the incident.
Wood did not turn himself in as he was advised by his mother not to talk to the police and to get an attorney.
Wood and his attorney finally met with investigators on Wednesday to discuss the incident.
According to Wood and his attorney, Wood and a friend were hanging out at some picnic tables when they decided to get food.
When they returned, they found two men, later identified as Foss and another man, going through the cigarettes and alcohol they had left on the picnic tables.
Wood says one of the men became argumentative and used racial slurs when confronted. Wood and the other man began to fight, but eventually Wood and his friend backed away to their truck.
One of the men followed the two to the truck with a knife and popped a tire before running away. Wood fired his gun as he feared the man was going to stab him. Wood claims he did not know if his shot hit the man.
Wood said he had the gun for protection because of problems in the area. Police say he does not have a permit to carry a firearm.
Wood admitted he threw the gun in the Mississippi River after the incident and someone got rid of his clothes for him.
Wood's bail is set at $2 million and his first court appearance will be on Friday.
