Lawyer says fatal shooting near Frazee was self-defense – Detroit Lakes Tribune

DETROIT LAKES – The attorney for a Frazee man charged with murder and manslaughter in the shooting death of 31-year-old Arlan Ray Bergstrom Jr. of Detroit Lakes says his client acted in self-defense.

“The shooting was obviously self-defense,” said attorney Blair W. Nelson of Bemidji in an interview Monday after a brief hearing in Becker County District Court. “We just have to wait for the legal process to take its course.” Becker County District Attorney Brian McDonald was available for comment Monday.

Blair Nelson represents 31-year-old Willis Charles McDonald, who was charged in Becker County District Court with first-degree manslaughter and second-degree murder.

McDonald was arrested at his East Wymer Lake Road home on Saturday, August 10, following a fatal shooting at 30397 US Highway 10, Lot #12, where Bergstrom was pronounced dead at the scene. McDonald was charged with second-degree murder and first-degree manslaughter on Monday, August 12.

According to court records, Becker County dispatch received a call around 1:20 a.m. on August 10 from a woman (identified by the initials BVA) who said a man had been shot at the Acorn Lake Trailer Park near Frazee.

Upon arrival, officers found that the suspect had left the scene, according to the report.

According to the criminal complaint, Bergstrom was pronounced dead at approximately 1:52 a.m. The complaint also states that he was subsequently taken for an autopsy.

“A preliminary autopsy was performed and the medical examiner concluded that the victim's cause of death was a gunshot wound to the chest from medium to long range” and that “the victim's cause of death was homicide.”

The criminal complaint states that the suspect called Otter Tail County 911 and reported that he was at his residence. At approximately 2 a.m., McDonald was arrested without incident by Minnesota State Troopers. He was taken to the Becker County Jail, where officers questioned him.

McDonald told authorities he had been at the Becker County Fair with his family earlier in the day.

“McDonald stated that his family left and he hung out with BVA briefly at the fair before leaving,” the criminal complaint states. “McDonald stated that BVA later messaged him via Snapchat and asked him to come over for a cigarette.”

The criminal complaint states that McDonald stated he went to the Acorn Trailer Park and BVA came to his vehicle, where they talked and smoked a cigarette.

In the criminal complaint, McDonald states that “shortly thereafter” a man appeared “in front of the window of his vehicle” and that the BVA instructed him to roll up the window.

McDonald noted in the criminal complaint that the outside door handle on the driver's side did not work.

“Victim (Bergstrom Jr.) then punched or smashed the window of McDonald's,” the document states. “McDonald stated that victim (Bergstrom Jr.) punched him in the face.”

McDonald stated that Bergstrom did not say anything to him during the altercation and that he feared for his safety and his life, the criminal complaint states.

McDonald said he reached for his handgun in the back seat of his vehicle. The gun was later identified by McDonald as a Heckler & Koch VP9 9mm. He said at that point Bergstrom also reached for his (McDonald's) handgun.

“McDonald stated that he pulled the trigger once and nothing happened,” the criminal complaint states. “McDonald stated that he then cocked the gun and pulled the trigger while he was still being struck by the victim (Bergstrom Jr.). McDonald stated that he fired a second time and saw the victim stumble to the ground and fall.”

The criminal complaint stated that McDonald stated that he had previously had a firearms permit, but that it had recently expired.

McDonald said he threw the gun into the back seat and the BVA told him to get out, the complaint states.

“McDonald admitted to fleeing the scene and returning to his residence on East Wymer Lake Road in Otter Tail County,” the criminal complaint states. “McDonald stated he decided to call 911 after speaking with his sister.”

The criminal complaint states that BVA was also questioned and her statement “largely agreed with McDonald's description of the events.”

“BVA said McDonald said, 'I'm getting out of here,' after shooting the victim (Bergstrom Jr.),” the criminal complaint states. “BVA described McDonald stopping his car a short distance away, getting out and walking back to the house. BVA described she called 911 and McDonald then got back in his car, drove across Highway 10 and sat there for a while before continuing east on Highway 10. BVA stated McDonald and the victim did not know each other and had never met.”

McDonald was held on $500,000 unconditional bail, $100,000 non-cash bail with conditions, or $10,000 cash bail with standard conditions.

On August 13, McDonald posted $10,000 bail and was released on standard conditions. He appeared with his attorney, Nelson, for a brief Rule 8 hearing on Monday, August 19, but did not speak.

Nelson does not expect a quick trial and asked the judge for at least eight weeks before his client's next court date. District Judge Gretchen Thilmony set the date for October 14, but made it clear that Nelson could delay the next court hearing at least once by simply asking for more time.

Bowe covers the Becker County Board and the court system for the Tribune and oversees the opinion pages for the Tribune and Focus. As news editor for both newspapers, he is the go-to guy for readers and the general public: breaking news or critical news tips, article ideas, questions and general feedback should be directed to him.