16. Lunging at a Deputy with a Handgun is Evidence of Intent to Assault.

The Supreme Court held that there was adequate evidence to sustain a conviction for assaulting a police officer. 

An armed murderer had fled into the darkness, been pursued by police for seven hours, been found in the basement of an apartment house, seen through a window brandishing a rifle and a handgun at three residents, ordered to drop his weapons and surrender, opened a screen door, and lunged at Deputy Chad Meemken with a handgun, then was shot in the leg and captured.  For the Minnesota Supreme Court, that was enough evidence to convict the murderer of a second charge of assault.

THE CRIME:  In 2012, Marcus Michael Barshaw murdered his girlfriend's husband near Rockville and fled on foot into the darkness.   Seven hours later, he was captured.

THE TRIAL:   The Stearns County District Court convicted Barshaw of first-degree premeditated murder and assaulting a peace officer.  The judge sentenced Barshaw to life without release for the murder and added an extra 120 months for the assault of the peace officer.

THE APPEAL:  On May 25, 2016, the Supreme Court rejected Barshaw's direct appeal on two grounds.  See here. 

     First, the Supreme Court rejected Barshaw's claim that the murder had been committed by his girlfriend, or had not been premeditated. 

     A witness testified that the wife was trying to de-escalate the shouting between Barshaw and the husband.  Before travelling two hours to the victim's home, Barshaw had fantasized on Facebook about dying that night in a blaze of gunfire.  Barshaw had loaded his rifle and handgun and put the weapons in the car's truck before driving to the crime scene.  Barshaw had taken the weapons from the trunk into the victim's recreational vehicle.  Barshaw retrieved the guns from the back of the RV and exploded outside to chase the victim and shoot him repeatedly.  Barshaw was arrested with the murder weapon beside his bleeding body.

     Second, the Supreme Court rejected Barshaw's claim that he did not intend to assault Deputy Meemken.

     "Because the evidence of appellant’s intent to cause a peace officer to fear
immediate bodily harm was sufficient, the district court did not err in convicting
appellant of first-degree assault of a peace officer.  "