State of Minnesota v. Marcus Michael Barshaw
879 N.W.2d 356
Minn.2016Background
- In October 2012 Marcus Barshaw, who had brought an SKS rifle and a .380 handgun to Rockville, confronted Jeffery Schutz after a dispute at a motor home; Barshaw had the weapons in the vehicle and moved the rifle into the motor home prior to the confrontation.
- Barshaw burst from the motor home with the rifle, chased Schutz ~80–100 feet despite orders and pleas to stop, and fired nine shots in two bursts; six or seven struck Schutz, several hitting vital organs.
- After the shooting Barshaw fled, hid in an apartment laundry room, pointed a handgun at a resident to “scare him,” and attempted to leave while police had the building surrounded.
- Officers in tactical vests ordered Barshaw to disarm; as he opened a rear door Deputy Meemken saw Barshaw raise a handgun toward him (4–5 o’clock position) and shot him.
- Barshaw waived a jury trial; the district court convicted him of first‑degree premeditated murder and first‑degree assault of a peace officer and sentenced him to life without release (plus a consecutive term for the assault).
- On appeal Barshaw argued the evidence was insufficient to prove premeditation for murder and intent to cause fear for the assault charge; the Minnesota Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence of premeditation for first‑degree murder | The State: evidence of planning (bringing and positioning weapons, pursuing Schutz), and nature of killing (multiple shots, vital-area wounds, pause between volleys) supports premeditation | Barshaw: killing was an impulsive "snap response" to Schutz’s remark, not premeditated | Court: Affirmed — circumstantial evidence (planning + nature of killing) supports premeditation; alternative snap‑response hypothesis unreasonable |
| Sufficiency of evidence of intent to cause fear for first‑degree assault of a peace officer | The State: raising a loaded handgun toward Deputy Meemken after threatening a resident, ignoring repeated police commands, and attempting to escape after a murder supports intent to cause fear of imminent bodily harm | Barshaw: court erred in finding he raised the handgun toward Meemken and, even if he did, he lacked intent to cause fear (only trying to open door) | Court: Affirmed — factual finding that he raised the handgun was supported; totality of circumstances permits inference he intended to cause Meemken fear of immediate bodily harm |
Key Cases Cited
- State v. Palmer, 803 N.W.2d 727 (Minn. 2011) (premeditation requires some appreciable time to consider or prepare)
- State v. Fox, 868 N.W.2d 206 (Minn. 2015) (premeditation usually proven circumstantially and inferred from totality of circumstances)
- State v. Anderson, 789 N.W.2d 227 (Minn. 2010) (two‑step test for circumstantial‑evidence sufficiency: identify circumstances proved, then examine reasonable inferences)
- State v. McAllister, 862 N.W.2d 49 (Minn. 2015) (apply circumstantial‑evidence standard and defer to fact‑finder’s acceptance of proved circumstances)
- State v. Diede, 795 N.W.2d 836 (Minn. 2011) (standard for reviewing factual findings: not clearly erroneous if reasonably supported by the record)
