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State of Minnesota v. Marcus Michael Barshaw
879 N.W.2d 356
Minn.
2016
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Background

  • 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)
Read the full case

Case Details

Case Name: State of Minnesota v. Marcus Michael Barshaw
Court Name: Supreme Court of Minnesota
Date Published: May 25, 2016
Citation: 879 N.W.2d 356
Docket Number: A15-483
Court Abbreviation: Minn.