MINNEAPOLIS — A Minneapolis Police officer will not face charges in the fatal shooting of a man who authorities say had shot and severely injured his former girlfriend.
The decision by Hennepin County Attorney Mike Freeman follows what he calls "an extensive investigation" by the Minnesota Bureau of Criminal Apprehension into the death of Mario Benjamin early the morning of Aug. 2, 2019.
"After a detailed review and evaluation of all evidence presented to our office, we have determined that the deadly force used by Minneapolis Police Officer Jason Wolff was not criminal and was objectively reasonable and necessary in order to protect himself, Minneapolis Police Officer Davis, the woman, and her children,” Freeman said in a released statement.
Squads were dispatched around 2:45 a.m. to the intersection of 25th Avenue North and Emerson after ShotSpotter technology detected at least one gunshot. After being informed by dispatchers that somebody had been shot, officers Jason Wolff and Ryan Davis turned on both their squad and body cameras before arriving at the scene.
BCA Investigators say Wolff and Davis found the body of a woman laying in the street and a man later identified as Mario Benjamin, her former partner and father to her 5- and 6-year-old children, standing over her. The woman's 13-year-old child stood nearby, while the younger children and a 15-year-old were in her van.
Investigators say the victim was dropping off Benjamin when the two of them began fighting. Benjamin allegedly stepped out the van and shot twice, hitting the woman in the upper right chest. The bullet caused a severe spinal cord injury that would leave her temporarily paralyzed.
When interviewed officers Wolff and Davis said they originally thought Benjamin was helping the victim. It was when they went to check on her condition that Benjamin stood up, revealing a pistol in his hand. Both officers unholstered their weapons, with Wolff pointing his gun at Benjamin and commanding him to drop his weapon. The officer says Benjamin repeatedly refused to do so, and fearing the suspect posed an immediate threat Wolff fired six shots, hitting Benjamin at least five times. He did not survive.
Freeman's office says Officer Wolff provided a voluntary statement to investigators from the BCA two days after the fatal shooting. Officer Davis provided a statement less than six hours after the shooting. Both officers’ statements were consistent with their body worn camera videos in all significant respects.
Toxicology test results from Benjamin revealed that he had amphetamine, methamphetamine, naproxen and THC in his system during the time of the shooting.
