Death of East Grand Forks man by police shooting still under investigation by Polk County Attorney

POLK COUNTY, Minnesota – More than seven months after an East Grand Forks man was killed by an undercover police officer at the time, it is still unclear whether the officer will face charges.

Lucas Paul Gilbertson, 42, was shot multiple times at his mother's home in Rhinehart Township, Polk County, on January 9.

He later died during surgery at Altru Hospital, according to a civil court document later filed on behalf of Gilbertson's father.

That day, police officers were at the residence because they had received a tip that Gilbertson was there.

At the time, Gilbertson was out on bail pending criminal proceedings and had a warrant out for his arrest for allegedly violating conditions.

The actions leading up to the shooting were recorded on four body cameras, but the shooter, East Grand Forks police Officer Aeisso Schrage, was not wearing one and was alone with Gilbertson when shots were fired inside the house.

Before the shooting, a video shows Gilbertson running around the property in front of the police.

About a minute after he gets back inside, a police officer yells that Gilbertson is throwing “stuff” out the window and then says, “Shots fired.”

It was later confirmed that Gilbertson had thrown a gun out the window. Police have not confirmed whether he fired the gun himself or whether he had other weapons with him.

While reviewing body camera footage, the Herald apparently heard six gunshots.

Because of his status as an undercover agent with the Pine to Prairie Drug Task Force, he was exempt from identification requirements under Minnesota law, but his identity was revealed when a lawsuit was filed against him in federal court.

The lawsuit filed by Gilbertson's father in federal court a month after his son's death states that the gun found outside the window was not fired during the shooting.

A month after the civil case was filed, Schrage filed an answer to the complaint, denying any wrongdoing. Amended pleadings in the civil case must be filed by October 31.

As per standard procedure, the Minnesota Bureau of Criminal Apprehension immediately took over the investigation into Schrage's use of deadly force against Gilbertson.

The investigation typically takes about two months, BCA spokeswoman Bonney Bowman told the Herald in January.

It took about six months for the investigation to be completed and the information to be forwarded to the public prosecutor's office.

Polk County Attorney Greg Widseth said in an email to the Herald Monday, Aug. 19, that the bulk of the investigation was forwarded to his office in May, but the full investigation – including everything necessary for a complete review – did not occur until late June.

The agency has had the full investigation report for about two months.

“The matter is still under review by our office,” Widseth wrote. “We are understaffed and we have devoted and will continue to devote the necessary time to this case to conduct a thorough review before making a decision. Under the circumstances, this takes time.”

Before Gilbertson's death, Clarence Duane Huderle was the last fatal shooting of a civilian by police in Polk County on March 20, 2017.

According to a BCA press release, police were called to a residence in Northland Township after Huderle, 73, shot out the window of a mail vehicle.

A Polk County officer arrived at the scene and during his investigation was confronted by Huderle, who was armed with a rifle.

Huderle shot at the deputy and hit his vehicle, the press release said. He was eventually shot dead by a US Border Patrol officer.

Huderle's wife told officers her husband was a veteran who suffered from dementia that had worsened over the past year and a half. She said Huderle was paranoid, disliked traffic on her street and refused to leave her yard, according to an article from Forum Communications Co.

The BCA investigated the death and submitted its findings to the District Attorney's Office on May 3, 2017. An article published on the Herald's website on August 30, 2017, stated that the District Attorney's Office concluded that the shooting was justified.

The entire process took 163 days or approximately five months.

Almost four months passed between the handover of the report to the public prosecutor's office and the announcement of the verdict.