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Man shot by officers near Frazee charged with attempted murder of peace officers

Todd Ole Burris, 36, faces two counts of first-degree attempted murder of a peace officer, two counts of first-degree assault against a peace officer, two counts of second-degree assault and one count of fleeing.

Burris, Todd.jpg
Todd Ole Burris
Contributed / Otter Tail County Jail

— Todd Ole Burris, 36, of Bemidji, , has been charged with seven felony counts in Otter Tail County District Court.

Burris faces two counts of first-degree attempted murder of a peace officer, two counts of first-degree assault against a peace officer, two counts of second-degree assault and one count of fleeing.

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Frazee Rest Stop building.JPG
The Frazee rest stop is located between Detroit Lakes and Perham.
Barbie Porter / Perham Focus

According to the criminal complaint, at approximately 5:36 p.m. July 9, the Becker County Sheriff’s Office received a report of a domestic disturbance at a rural Becker County residence. The complainant stated that Burris left the residence after assaulting the complainant, slashing her tires and taking a firearm.

Lt. Luke Sweere with the Becker County Sheriff’s Office located Burris’ vehicle in Detroit Lakes and attempted a traffic stop. Court documents state that Burris initially stopped his vehicle, but while speaking with the Sweere, he fled from the area traveling at speeds in excess of 100 mph.

Burris eventually reached the Frazee rest stop on U.S. Highway 10 in Otter Tail County, where he pulled into the parking lot. Sweere and Detroit Lake police officer Philip Vaughn followed Burris into the rest stop parking lot, where, according to the complaint, Burris exited his vehicle and pointed a handgun at Sweere.

Sweere and Vaughn discharged their handguns, striking Burris in both legs.

Otter Tail County deputies arrived to assist in the investigation and contacted the Minnesota Bureau of Criminal Apprehension. A BCA special agent responded along with other investigators from the Force Investigations Unit and Crime Scene Team. The special agent observed Burris’ vehicle in front of the rest stop structure with numerous bullet holes in the driver’s side and a large amount of blood on the ground.

According to the complaint, the special agent also observed a black semi-automatic pistol with the action locked open on the driver’s seat of Burris’ vehicle and unspent cartridges on the ground outside the driver’s door. A BCA news release states that crime scene personnel recovered a handgun and spent shell casings at the scene.

Court documents state the special agent then observed that Sweere’s black Ford Explorer had bullet holes in the windshield and several spent cartridges and a magazine near the squad car. Behind Sweere’s squad, the special agent observed Vaughn’s squad car with several bullet holes in the windshield above the steering wheel area, as well as cartridge casings and magazines for a rifle on the ground.

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The special agent reviewed video from Sweere’s body-worn camera and Vaughn’s squad camera. Court documents state the videos show Burris stopping at the rest area and opening his door while Sweere exited his car with his handgun drawn, shouting verbal commands for Burris to get out of his car and get on the ground.

According to court documents, as Burris was in the open door, he was observed with a gun in his hand, pointing it at Sweere. Gunshots followed, with Sweere firing several rounds and moving to the rear of his squad for cover.

The report states Vaughn was observed taking position on the rear side of Sweere’s squad car and fired several rounds toward Burris. Other officers were eventually able to move closer to Burris and remove him from the vehicle and render aid.

Burris was arrested and transported to Essentia Hospital in Fargo for treatment of non-life-threatening injuries. Special agents attempted to interview Burris, and he requested a lawyer.

According to the Otter Tail County Jail roster, Burris was booked into jail on July 14. His first court appearance was set for Tuesday morning.

The BCA press release stated that both Sweere, who has 26 years of law enforcement experience, and Vaughn, who has 16 years of law enforcement experience, are on critical incident leave during the BCA's investigation of the shooting.

Once the investigation is complete, the BCA will present its findings without recommendation to the Otter Tail County Attorney’s Office for review.

By
Detroit Lakes Tribune newsroom
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