Hennepin County seeks to be first to prosecute shootings of lawmakers, spouses

Hennepin County Attorney Mary Moriarty has asked the federal government to let her office be the first to pursue murder charges against Vance Boelter for the shootings of state lawmakers and their spouses.

Moriarty made the revelation in an interview with the Minnesota Star Tribune, saying the pursuit of murder convictions is what her office does “every day.”

“We have very experienced prosecutors and we’re the largest office in the state,” she said. “We handle violent crime; our people have a great deal of experience.”

The request is not something that has to be granted.

“The federal government has the legal authority to decide to go first,” she said. “We made the request of them that we would like to go first.”

A spokesperson with the U.S. Attorney’s Office declined to comment on Moriarty’s request but pointed to comments made by acting U.S. Attorney for Minnesota Joe Thompson on Monday.

“My expectation, based on prior cases, is the federal case, federal charges, will be litigated first,” Thompson said. “But the state charges won’t necessarily go anywhere.”

Moriarty’s office filed its criminal complaint against Boelter before he was apprehended. That complaint allowed the office to execute a nationwide search warrant for Boelter’s arrest. Hennepin County Managing Attorney Mike Radmer was tied in with law enforcement throughout the weekend.

Boelter was initially charged with second-degree murder in Hennepin County in the killing of Rep. Melissa Hortman and her husband, Mark, and attempted second-degree murder for the shooting of Sen. John Hoffman and his wife, Yvette.

Thompson announced six federal charges against Boelter on Monday, including murder charges in the Hortman killings that carry a potential death sentence should federal prosecutors pursue it.

Moriarty said at a news conference Monday that her office is seeking first-degree murder charges, which would carry a state sentence of life in prison without the possibility of parole.

There are two ways to pursue a first-degree premeditated murder charge at the state level in Minnesota. A prosecutor can convene a grand jury to look at the evidence and say the charge is warranted, or a prosecutor can file the charge first. Once the charge is filed, prosecutors have 14 days to convene a grand jury to pursue the charge.

Boelter is being held in federal custody in the Sherburne County Jail without bail. Minnesota law mandates that anyone charged with a crime have the opportunity to post bail, which is why the state set Boelter’s bail at $5 million.

The Minnesota Bureau of Criminal Apprehension is in charge of the investigation for state murder charges, while the FBI is in charge of the federal investigation.

There is no legal restriction against the federal government and the state government filing murder charges against the same person. While the Fifth Amendment protects citizens from the “double jeopardy” of being charged with the same crime twice, the U.S. Supreme Court has long held that state and federal governments have independent legal standards and court systems. It’s known as the dual sovereignty doctrine.

Moriarty said whatever order the prosecution of Boelter takes, her office will move forward with its case.

“It certainly could impact what happens in either place, but we both have the authority and jurisdiction to go forward on our prosecutions.”

Sarah Nelson of the Minnesota Star Tribune contributed to this story.