Once again, Hennepin County Attorney Mary Moriarty finds herself at odds with law enforcement advocates.
Moriarty’s office released a public statement reviewing newly-accessed video evidence in the officer-involved shooting of Winston Smith only to reaffirm what was already established: officers acted lawfully.
Winston Smith shooting
Smith was shot in 2021 by members of a U.S. Marshals task force who were attempting to arrest him on a bench warrant connected to his failure to appear for sentencing in an illegal firearm possession case. Smith’s death set off a wave of rioting and looting in the Uptown neighborhood of Minneapolis where he was killed.
The officers involved were working undercover and did not have body cameras to capture the incident. However, years later, the Minnesota Bureau of Criminal Apprehension (BCA) unlocked Smith’s phone and recovered video footage he recorded during the encounter.
Video evidence confirms prior findings
The video—just released to the public—does not alter the original conclusion that law enforcement officers were justified in using deadly force when Smith fired at them while they attempted to execute a lawful arrest warrant in June 2021.
Despite this, Moriarty used the opportunity to raise questions about law enforcement policies and tactics, suggesting that different approaches could have been considered.
The statement reads, “While the video clearly answers the question on the legality of the use of force employed, it does raise a new question of whether other options existed to take Mr. Smith into custody. All available evidence suggests the officers followed the U.S. Marshal’s policies and their training to secure the apprehension of a wanted individual. Their conduct was legal. However, the view provided by the video warrants a conversation about opportunities for policy change, training, and use of de-escalation techniques that could be employed in the hope of avoiding the outcome observed here, namely a person in distress resorting to violence.”
Moriarty speculated that a “casual observer” could mistake the officers hitting Smith’s window in an attempt to gain access to his car as the sound of gunshots. She also applauded the U.S. Marshals Service for increasing the use of body cameras by its agents and task force officers.
Police association calls out Moriarty
Minnesota Police and Peace Officers Association Executive Director Brian Peters was quick to respond to the Hennepin County Attorney’s Office, arguing that the review injected unnecessary speculation into what should have been a straightforward legal assessment.
Today’s finding has determined – again – that law enforcement acted appropriately while attempting a lawful arrest of a wanted felon. We’re grateful that no law enforcement officer or innocent parties were killed or injured, despite being shot at by the suspect during the…
— Minnesota Police and Peace Officers Association (@MNPoliceAssn) February 14, 2025
“Today’s finding has determined—again—that law enforcement acted appropriately while attempting a lawful arrest of a wanted felon. We’re grateful that no law enforcement officer or innocent parties were killed or injured, despite being shot at by the suspect during the incident,” Peters stated.
He then called out Moriarty’s comments, adding, “The Hennepin County Attorney shamefully speculates her own facts in this incident, once again showing her radical, anti-law enforcement bias. Law enforcement officers put their lives at risk every day so that our community is safe.”
Sheriff Fletcher defends law enforcement tactics
Ramsey County Sheriff Bob Fletcher also weighed in, defending the tactics used by deputies and U.S. Marshals during the operation.
He stressed that the protocols in place are designed to minimize risk, prevent suspects from fleeing, and protect both officers and the public from violence.
“The tactics used by our Ramsey County Deputies and the US Marshal’s Task Force are some of the safest in the country, designed to minimize risk to officers and the public and also to ensure the timely arrest of dangerous fugitive criminals before they victimize others,” Fletcher stated.
“Winston Smith was on the run and armed. He failed to comply with officers’ commands and refused to open the car door—even ignoring his passenger’s pleas. Winston Smith chose another tactic. He produced a handgun and shot at officers and deputies, who were lucky to survive the encounter. Hennepin County Attorney Moriarty’s editorial comments demonstrate her lack of understanding of the real dangers that peace officers face every day.”
Jenna Gloeb
Jenna Gloeb is an Edward R. Murrow Award-winning journalist, media producer, public speaker, and screenwriter. Most recently, she worked as a reporter and on-air host for CCX Media. Jenna is a Minnesota native and resides in the Twin Cities with her husband, son, daughter, and two dogs.
