David Allen Pettersen of Madelia, Minnesota shot and killed 19-year-old Nicolas Thomas Embertson last Saturday, reports TwinCities.com.
Pettersen came across Embertson while the teen was allegedly “casing” the 64-year-old’s home for a future burglary. Embertson wasn’t alone, he was accompanied by Kyle Thomas Nason, 18, and Cornelius Ayers Jr., 18.
The trio searched the outside of the house, checking various doors and windows to see if they were locked around 7 a.m. Saturday. The noise from their searching woke up Pettersen who was sleeping in bed.
Pettersen opened up the door and confronted Nason who was up on the deck. Nason jumped off the deck and broke his ankle. Pettersen went and grabbed his .45-caliber handgun before heading outside.
The teens made their way back to the car. With Embertson in the driver seat, the trio drove in front of Pettersen who opened fire on the vehicle, shooting three times from a distance of about 10 feet. According to the police complaint, Pettersen said he was trying to shoot out the front driver’s side tire.
“I think I’ve been hit,” Embertson told his friends. He would soon lose consciousness and eventually die from the wound.
Meanwhile, Pettersen called 911 to report the incident.
Following the incident, Pettersen was arrested and charged with second-degree manslaughter. He was released from jail Monday on the condition that he would turn over his firearms to authorities.
“The law does say a self-defense law, but what we’ve gathered so far, we feel we have enough to charge him with second-degree manslaughter,” Watonwan County Chief Deputy Jeremy Nachreiner told KEYC-TV in Mankato.
The surviving teens were not charged, at least at the time of this report. However, Watonwan County Attorney Stephen Lindee acknowledged the role they played in the incident.
“They were certainly in the wrong to begin with,” Lindee said.
But once “they were leaving, presenting no more risk to him,” Lindee said. That made it negligent for Pettersen to shoot a gun at them, Lindee said.
The incident is still under investigation.