A third-degree murder charge was returned to district court against a Little Falls man who allegedly was involved in the overdose death of 22-year-old Little Falls resident Travis James Scherping.
The Minnesota Court of Appeals Tuesday reversed and remanded the Morrison County District Court's decision to grant Jerad Michael Whitford a motion to dismiss the third-degree murder charge for lack of probable cause. The decision was considered and decided by Presiding Judge Denise Reilly and judges John Rodenberg and Renee Worke.
The charges against Whitford stem from a June 14, 2016, incident of a possible drug overdose at a Little Falls home. Little Falls police were informed Scherping wasn't breathing and had allegedly overdosed on heroin. He was found unconscious in a bed with a weak pulse.
Paramedics attempted to render aid and transported Scherping to the hospital, but he was pronounced dead four days later on or about June 18, 2016.
Charges were filed against Whitford, Callie Mains Statema and Jason Lee White, all of Little Falls, in January of 2017 for their alleged involvement in the death. According to the criminal complaint filed in the case: Statema was Scherping's girlfriend and they both used heroin. Statema purchased the heroin from Whitford, who allegedly bought it from White, who was the dealer.
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The state charged Whitford with third-degree murder for selling, giving away or distributing a controlled substance, and last May Whitford moved to dismiss the complaint for lack of probable cause. The issue of probable cause was submitted to the district court based on the criminal complaint and the police report without testimony, the state Court of Appeals document stated. The district court determined that probable cause did not support the third-degree murder charge and dismissed the complaint, which the state now appealed.
The district court's dismissal of the third-degree murder charge was based solely on its interpretation of the law and the state. The Court of Appeals stated, "the district court's alleged error, unless revered, will have a critical impact on the outcome of the trial. ... We determine that both elements are satisfied and the district court's pretrial dismissal order is appealable."
The appeals court found the district court's pretrial dismissal order is erroneous. The appeals court considered whether the district court erred by concluding probable cause does not support the criminal charge against Whitford.
"A charge should not be dismissed for lack of probable cause if there is a fact question on an element of the offense," the court document stated. A person is guilty of third-degree murder is that person "without intent to cause death, proximately causes the death of a human being by directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing or administering a controlled substance classified in Schedule I or II." The appeals judges determined that both the district court's determinations are erroneous.
The Court of Appeals also analyzed the statute on its plain language in an effort to discern and effectuate the Legislature's intent on how the drug sale was offered. The appeals court stated it is undisputed that Whitford gave money to White in exchange for 3 grams of heroin and then delivered the heroin from White to Statema. Given the plain language of the statute, "we conclude that probable cause exists as to whether Whitford engaged in selling, giving away and delivering heroin," the state document stated.
The district court determined Whitford was not criminally liable because there was no evidence that he shared his quarter-gram portion of the heroin with Scherping, or that his purchase of the drugs from White was in any way a part of a continuing drug distribution.
The Court of Appeals stated the district court erred in this determination because Whitford's conduct did not constitute "selling" or "giving away" drugs within the meaning of the state statute.
The state appeals court also looked at whether Whitford's conduct was a "substantial causal factor" in bringing about the victim's death. The state argues Whitford's actions caused Scherping's death because Whitford contacted White to arrange the heroin purchase, gave Statema's money to White in exchange for 3 grams of heroin and handed the heroin to Statema. Whitford claims he delivered the heroin to Statema and it was not reasonably foreseeable she would later share the heroin with Scherping as "she was greedy with drugs," the document stated. But the district court found Scherping knew Statema drove to Minneapolis to buy heroin and sent as many as 10 text messages to Statema seeking to share some of the heroin when she returned home.
The Court of Appeals stated reasonable minds could differ on the argument.
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Assistant Morrison County Attorney Todd Kosovich has written to the court asking a pre-trial hearing for Whitford be set as soon as possible, according to the news release. A jury trial date will be set at that hearing.
Morrison County Attorney Brian Middendorf stated: "We are pleased with the decision of the Court of Appeals. Heroin continues to kill our young people. There are no easy solutions to this problem, but one thing we can do is vigorously prosecute the dealers and distributors, and hold users accountable for contributing to the deaths of others."
Last month, White had his trial end in a hung jury. Kosovich has filed motions relating to a second trial for White and a pre-trial hearing is set for May 17. Statema is scheduled to go on trial March 26 in Little Falls.
