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Madelia manslaughter hearing Tuesday

WATONWAN COUNTY–David Allen Pettersen, 65, of rural Madelia, will appear in Watonwan County Court Tuesday, for a preliminary hearing on the charge of second-degree manslaughter resulting in the death of Nicholas T. Embertson, 19, of Madelia.

According to a criminal complaint by Watonwan County, on Saturday, Jan. 28, Embertson, Kyle Nason, and Cornelius Ayers, Jr. were casing Pettersen’s residence for a burglary. Nason attempted to enter the residence from a balcony door. Pettersen confronted Nason, who attempted to flee by jumping off a 10-foot deck. Nason broke his ankle but managed to reach the vehicle driven by Embertson.

The three would-be burglars attempted to flee in the car, but not before Pettersen fired multiple shots from his .45 caliber handgun at the vehicle, in an attempt to hit the car’s tire. Embertson was struck by the gunfire and later died from his wounds.

After reviewing the evidence, Watonwan County Sheriff’s Office arrested Pettersen for second-degree manslaughter and intentional discharge of a firearm that endangers safety.

Minnesota State Statute allows a civilian to use deadly force if it is necessary to resist or prevent great bodily harm or death. However, the Watonwan Sheriff’s Department and Watonwan County Attorney do not view this as a self-defense shooting.

After Pettersen was charged, Watonwan County Chief Deputy Jeremy Nachreiner said the decision to arrest Pettersen was based on his decision to fire at a vehicle driving away from him.

“His life was not endangered at this point,” Nachreiner said.

Watonwan County Attorney Stephen Lindee said, “This was not self-defense. They were in the vehicle and leaving the property. [Pettersen] said his intension was to shoot the tire, which is reckless neglect.”

Pettersen was released from jail on the condition he not use or possess firearms and remain in Minnesota. His return to court Tuesday is part of a preliminary hearing.

Attorney James B. Fleming of Monticello is representing Pettersen. Fleming is a self-defense attorney. According to Fleming’s website, he is a former police investigator with expertise in Minnesota gun law and self-defense. The website describes his understanding of self-defense issues as “unparalleled among Minnesota defense attorneys.”

The hearing is set for 1 p.m. at the Watonwan County Courthouse in St. James.

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