Rob Port <robport@gmail.

com>

Fw: SB 2107 and Bismarck fleeing/shooter from Saturday 4/22/23

Roers Jones, Shannon <sroersjones@ndlegis.gov> Mon, Apr 24, 2023 at 2:02 PM
To: "robport@gmail.com" <robport@gmail.com>

From: Enget, Wade G. <WENGET@nd.gov>

Sent: Monday, April 24, 2023 9:49 AM
To: 
Subject: FW: SB 2107 and Bismarck fleeing/shooter from Saturday 4/22/23
 
Rep. Longmuir asked me to respond to Rep. Klemin’s email that he recently sent out to the House
membership.  My response is below.
 
Wade G. Enget (04165)
Mountrail County State’s Attorney
101 N. Main St.
P.O. Box 69
Stanley, ND  58784
701-628-2965
 
 
From: Longmuir, Donald <dlongmuir@ndlegis.gov>
Sent: Monday, April 24, 2023 9:40 AM
To: Enget, Wade G. <WENGET@nd.gov>
Subject: Re: SB 2107 and Bismarck fleeing/shooter from Saturday 4/22/23
 

***** CAUTION: This email originated from an outside source. Do not click links or open attachments unless you know
they are safe. *****

Wade:
Thanks for the information.  I have talked to Rep Satrom and we will be talking to other House members. I'm going to
visit with Klemin to see why is supporting Drew.
don

From: Enget, Wade G. <WENGET@nd.gov>

Sent: Monday, April 24, 2023 9:33:51 AM
To: Longmuir, Donald <dlongmuir@ndlegis.gov>
Subject: RE: SB 2107 and Bismarck fleeing/shooter from Saturday 4/22/23
 
Rep. Longmuir:
 
If this event happened in Mountrail County today, this individual would be charged with at least the
following two crimes:
Fleeing and Eluding, a Class C Felony
Reckless Endangerment, a Class C Felony
 
With the Satrom amendment, the Reckless Endangerment would become a Class B Felony, in that the
defendant knowingly discharged a firearm, and also would carry with it a mandatory minimum penalty of 7
years.
 
Since he has been convicted of at least 2 previous felonies, under current law, his Reckless Endangerment
charge would be “enhanced” to Class A Felony, as he has two previous felony convictions on his criminal
record, with this enhancement being pursuant to NDCC 12.1-32-09 (referred to as a “dangerous special
offender” law).  As such, the maximum penalty would then be life imprisonment.
 
So, in existing law and with the Satrom amendments, there is the ability for the prosecutor to charge out this
out to the level of a Class A Felony and get a mandatory minimum sentence of 7 years.  Again, this is just a
minimum sentence, with the maximum sentence being life imprisonment.
 
Wade G. Enget (04165)
Mountrail County State’s Attorney
101 N. Main St.
P.O. Box 69
Stanley, ND  58784
701-628-2965
 
 
From: Longmuir, Donald <dlongmuir@ndlegis.gov>
Sent: Monday, April 24, 2023 8:26 AM
To: Enget, Wade G. <WENGET@nd.gov>
Subject: FW: SB 2107 and Bismarck fleeing/shooter from Saturday 4/22/23
 

***** CAUTION: This email originated from an outside source. Do not click links or open attachments unless you know
they are safe. *****

Thoughts?
 
From: Klemin, Lawrence R. <lklemin@ndlegis.gov>
Sent: Monday, April 24, 2023 7:13 AM
To: -Grp-NDLA All Legislators <ndla@ndlegis.gov>
Cc: Wrigley, Drew <dwrigley@nd.gov>; Ness, Claire J. <cjness@nd.gov>
Subject: Fwd: SB 2107 and Bismarck fleeing/shooter from Saturday 4/22/23
 
Here is an email from AG Wrigley regarding the shootout in south Bismarck on Saturday.  This includes a short video
of a gunman leaving his car on the street and fleeing and a text from the Mandan PD.  Good example of why we need
to pass SB 2107 relating to penalties for use of a firearm in the commission of a felony.
 
Rep. Larry Klemin
 
 

From: Wrigley, Drew H. <dwrigley@nd.gov>

Sent: Sunday, April 23, 2023 8:47 PM
To: Klemin, Lawrence R. <lklemin@ndlegis.gov>
Subject: SB 2107 and Bismarck fleeing/shooter from Saturday 4/22/23
 
Rep. Klemin—
You asked for a copy of the video taken last evening when a fugitive fled police here in
Bismarck at around 6:00 pm, led law enforcement on a very high speed chase all across
town, then menacingly emerged from his vehicle with a handgun in his hand, forcing
officers to defend the community and fire on the subject.  That video was taken by a
member of the public who then uploaded it to social media.  It is attached to this email and
is in the public domain. 
 
You also asked me to share the content of a txt I received from Mandan Police Chief Jason
Zeigler, reacting to the situation that led to the attached video.  Please find below in this
email the full, unedited message I received from Chief Ziegler, who echoed the sentiments
I heard from other law enforcement leaders in the region and state.  It’s interesting to note
that the outrageous, life-threatening conduct of the defendant in this instance is precisely
the conduct we are seeking to address with the passage of SB 2107.  The defendant has a
long history of criminal activity and was being sought by authorities.  He refused to submit
to their lawful commands, fired his handgun at officers before leading them on a high-
speed, community and life-threatening chase, then jumped out of his vehicle in a busy
section of downtown, armed with his handgun, forcing peace officers to fire their service
weapons at him in order to protect citizens driving or standing nearby.
 
Thank you for your tireless advocacy of this important piece of legislation.  The Sheriffs
Association, Police Chiefs Association, Peace Officers Association, many State’s Attorneys,
the citizens of North Dakota and the Attorney General’s Office deeply appreciate everything
you have done in the name of public safety.
 
With my thanks,
Drew
 
Drew H. Wrigley
Attorney General
North Dakota
 
 
 
 
 
Here is the message from Chief Zeigler, Mandan PD:
 
“Joint Release from Bismarck Police and Burleigh County on Officer Involved Shooting
 
 
Kyle Johnson, 34, is in custody after an officer involved shooting in south Bismack.  
 
On Saturday, April 22nd, 2023 at approximately 6:31 pm, Burleigh County Deputies were in pursuit of a vehicle fleeing
at a high rate of speed that was heading towards Bismarck.  The vehicle eventually came into Bismarck where
Bismarck Police Officers assisted Deputies.
 
The suspect vehicle eventually stopped in South Bismarck near Ivy Ave/S Washington Street.  Johnson exited the
vehicle with a handgun and officers fired at the suspect.
 
Johnson sustained non-life-threatening injuries, was taken to a local hospital before being booked into the Burleigh
Morton Detention Center on charges of Fleeing, Reckless Endangerment, BPD warrant, and an additional felony
warrant through Burleigh County for Possession with Intent to Deliver Methamphetamine with a Dangerous Weapon.
One officer was taken to a local hospital for minor injuries.  
 
All officers have been placed on administrative leave per department policies. The North Dakota Bureau of Criminal
Investigation (BCI) has been called in to investigate.
 
This is why we need 2107!”