BLOOMINGTON, Minn. — Two felons who were convicted for their role in the death of a 19-year-old in 2017 have been released from prison following a judge's decision to reduce their sentence, because of a new change in aiding and abetting laws.
In court documents, text messages show Briana Martinson and Megan Cater organized a group of people to steal drugs from Corey Elder in April 2017. Documents go on to explain the two women ransacked his home on West Old Shakopee Road in Bloomington as the men attacked Elder before fatally shooting him.
Cater and Martinson pleaded guilty to their charges and were sentenced to 13.5 years in prison. They served around six years before a Hennepin County judge vacated their aiding and abetting murder charges because of a recent change in law. State lawmakers redefined the charge as:
- Used a deadly weapon during the commission of the underlying felony or provided a deadly weapon to another participant where it was reasonably foreseeable that the weapon would be used in the underlying felony;
- Caused substantial bodily harm to another during the commission of the underlying felony;
- Coerced or hired a participant to undertake actions in furtherance of the underlying felony that proximately caused the death, and where it was reasonably foreseeable that such actions would cause death or great bodily harm; or
- Impeded another person from preventing the death either by physical action or by threat of physical action where it was reasonably foreseeable that death or great bodily harm would result.
Bloomington Police Chief Booker Hodges vocally opposed the decision to vacate Cater and Martinson's convictions.
"None of the other four gentlemen were at Elder's house without the two women," Hodges said.
He thinks the attention isn't focused on the victims with this ruling, sympathizing for Elder's mother.
"The thing that is worth noting is that these women plead guilty. They knew what their text messages were, " Corey's mom, Bobbie Elder said.
Bobbie Elder celebrates her son's birthday every year with loved ones on Feb. 16. This year, he would have turned 26.
"He was just a really good family person; he loved his family," Bobbie Elder said. "My son was a bright light. He was always smiling. Always."
Hennepin County Attorney's Office says:
"The new law means people are held accountable for the crimes they commit, not the crimes someone else committed. A judge determined these two individuals were involved in a burglary but that their actions were not murder and that they did not aid in the committing of the murder. The legislature's changes to the law means they cannot be charged with or convicted of murder under the circumstances of this case."
Three other people sentenced for their role in Elder's death have applied to have their convictions vacated under the new law. A Hennepin County judge denied one of them in January.
Elder wishes the county would have made a different decision in Cater and Martinson's case.
"We just really miss him, and we are speaking up in his honor," Bobbie Elder said. " It's seven years overdue."
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