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Pettersen waives hearing

Two men charged with attempted burglary

WATONWAN COUNTY — A Tuesday hearing for David A. Pettersen, a 65-year-old rural Madelia man facing a felony second-degree manslaughter charge, was cancelled.

Pettersen’s attorney, James F. Fleming of Monticello, filed a waiver of his client’s Rule 8 (second appearance) hearing and asked for an omnibus (pretrial) hearing.

Pettersen was allowed to travel to San Diego, Calif., to visit his son, Pvt. Zachary Pettersen, who is engaged in advanced infantry combat training with the U.S. Marine Corps in Camp Pendleton.

Watonwan County Attorney Stephen Lindee did not object to the request.

Pettersen’s bail was set at $100,000 without conditions, and no bail with conditions. Pettersen was ordered to have no contact with witnesses and no use or possession of firearms or dangerous weapons.

The manslaughter charge — plus a felony dangerous weapons, intentional discharge of a firearm that endangers safety, charge — stem from a case involving the death of Nicolas T. Embertson, 19, of Madelia.

On Jan. 28, Embertson and two 18-year-olds, Kyle Nason, 221 5th Ave. S.E., Sleepy Eye; and Cornelius Ayers, Jr., 80 Hilltop Ln., Mankato, were casing Pettersen’s residence for a burglary, according to court documents.

Nason tried to enter the residence from a balcony door. Pettersen confronted him before Nason tried to flee by leaping off a 10-foot deck. Nason broke his ankle but reached a car driven by Embertson.

The trio tried to flee in a car as Pettersen fired several times at the car with a .45 caliber handgun. Embertson was hit by gunfire and later died of his wounds.

After reviewing evidence, the Watonwan County Sheriff’s Office arrested Pettersen.

Minnesota law allows a person to use deadly force if it is necessary to resist or prevent great bodily harm or death.

The Watonwan County Attorney’s Office and Watonwan County Sheriff’s Office do not view the shooting as self-defense.

Attempted urglary

Nason and Ayers Jr. were each charged with felony attempted first-degree burglary and felony second-degree burglary Tuesday. Both men were summoned to appear in court. Their court dates have not been set.

According to court documents, a Watonwan County Sheriff’s Office investigator talked to Nason while he was at the hospital being treated for his ankle injuries. He admitted he and the two other males were at Pettersen’s residence to “scope it out” to burglarize it at a later date.

A Watonwan County Sheriff’s Office sergeant talked to Ayers who said he wanted to leave Pettersen’s residence when nobody answered the door but the other two men were up to some “conniving.” Ayers said Nason jumped onto the balcony, was confronted by Pettersen and jumped off the balcony.

The sergeant walked around the Pettersen residence, observing footprints at several entryways into the house and on the deck, and photographed the area as part of his investigation.

On Jan. 29, an investigator talked with Pettersen’s son Zachary who said he was friends with Ayers and Embertson at one point, but they started getting into trouble, so he separated himself from them.

Zack Pettersen said the last time he saw the suspects was at his high school graduation party at his house in 2016.

Fritz Busch can be e-mailed at fbusch@nujournal.com.

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