Fall trial expected for Duluth officer charged in downtown shooting

Apr. 16—A fall trial is likely for a Duluth police officer who shot an unarmed man through the door of a downtown apartment last year.

Tyler Foster Leibfried, 29, of Hermantown, is charged with two felonies in the September incident that left 23-year-old Jared Fyle with a bullet lodged in his back. Leibfried appeared for a brief virtual hearing in State District Court on Thursday, with attorneys telling Judge Sally Tarnowski they expect the case to go to a jury.

Defense attorney Paul Engh indicated he has a private investigator who is working on the case and that he has recently received notice from St. Louis County Attorney Mark Rubin of expert witnesses who may be called to testify.

Tarnowski agreed to continue Thursday's settlement conference to July 19, at which point attorneys said they expect to have a more nuanced view of any issues that need to be resolved. A formal trial date is expected to be set at that point.

Tarnowski last month denied the officer's bid to dismiss his charges of intentional and reckless discharge of a firearm, ruling that sufficient probable cause exists for the case to be heard by a jury.

According to documents filed in State District Court, Leibfried and fellow officer Cory Lindsholm were called to the Kingsley Heights Apartments, 105 W. First St., on the night of Sept. 12 for a possible domestic disturbance. They determined there was no cause for an arrest, but headed up to Fyle's third-floor unit to help retrieve some belongings for his girlfriend.

Both officers later told Minnesota Bureau of Criminal Apprehension investigators that they heard two gunshot-like noises, which were later determined to have likely been from Fyle forcibly shoving or kicking the door closed.

Body camera video shows Leibfried drawing his duty pistol and ducking into a small alcove while Lindsholm retreats down the hallway and around a corner. Leibfried, who could be heard yelling "shots fired" over the radio, waited approximately 10 seconds before firing an initial volley of four shots into the door.

Fyle, who remained inside the apartment, could then be heard screaming "Stop!" at least nine times, followed by an expression of "Ow!" Leibfried, after waiting 6 seconds, then fired an additional two rounds into the door as further screams were heard from Fyle and others in the building.

Leibfried then summoned medical attention for the victim and retreated down the hallway to his partner. Fyle was treated at a local hospital for his injuries, but it was determined that a bullet in the shoulder area could not be safely removed.

The officers had not yet announced their presence when the banging noises were heard. Leibfried, an Army Reserves veteran, described the scene to investigators as a "fatal funnel" — a narrow passage that left little room for him and his partner to safely maneuver.

Engh asserted that Leibfried was justified in firing under the U.S. Supreme Court's "reasonable officer" standard because he believed his life to be in danger. Calling it an "extraordinarily dangerous" situation, he said it did not matter how long the officer waited to fire.

But Rubin said Leibfried used "poor judgment," noting that he had more than enough time to assess the situation and see that no one had fired through the wall. He also cited the statement given by Lindsholm, who told investigators that he didn't fire because "I wasn't going to start putting rounds into this apartment just on a guess."

It is believed to be the first time an area law enforcement officer will stand trial for an on-duty shooting.

Duluth police officials determined that Leibfried, a five-year veteran, violated use-of-force policies and said he would remain "off duty indefinitely." City officials have repeatedly declined to say whether he is still being paid, though they acknowledged in response to a data request in late January that Leibfried remained employed.

Leibfried, who earned a gross salary of $84,938 in 2020, had been disciplined by his department on three prior occasions, according to the personnel records obtained by the News Tribune.