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Mpls man shot by neighbor: MN's Red Flag law designed to prevent violence like this

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Published  October 28, 2024 10:39pm CDT
Minneapolis Police Department
FOX 9

Concern mounts over Minneapolis neighbor shooting

A Minneapolis man accused of shooting his neighbor will make his first appearance in Hennepin County court tomorrow, but concerns continue to surround the Minneapolis Police Department’s decision to not arrest suspect John Sawchak until five days later. FOX 9’s Maury Glover spoke with Minnesota Sen. Ron Latz, who was a proponent Minnesota’s Red Flag Law, about what more could have potentially been done.

The Brief

    • John Sawchak’s arrest followed the shooting of his neighbor, Davis Moturi, after months of reported threats, highlighting concerns the state's "red flag" law aims to address.
    • State Senator Ron Latz, who authored the law, explained that it allows a judge to issue an Extreme Risk Protection Order (ERPO) to remove firearms from individuals deemed a risk.
    • ERPOs can be immediate (lasting 14 days) or extended up to a year after a court hearing, but only family members or law enforcement can request them based on observed risks.

MINNEAPOLIS (FOX 9) - When Minneapolis police arrested John Sawchak, it came after Sawchak allegedly shot his neighbor Davis Moturi following months of threatening behavior. Now the author of Minnesota's "red flag" law says situations like this are exactly what the new legislation is trying to prevent.

"You don't necessarily want to wait until someone pulls the trigger before you have authority to take away that gun," says state senator Ron Latz, DFL St. Louis Park, who wrote the law.

Latz says the law, which went into effect on January 1, authorizes a judge to issue an Extreme Risk Protection Order that allows police to remove firearms from a person if that person is at risk of harming themselves or others.

An emergency ERPO goes into effect right away and lasts for 14 days, while a long-term version can last between six months and a year but requires a court hearing.

"There were people who saw red flags, saw signs of concern. And the officers often didn't have the tools or the legal authority to go in and do anything about it," said Latz.

Latz says the person petitioning for an ERPO must be a family member or member of law enforcement who has seen clear signs the firearms owner is a risk. 

"I would say if you're feeling threatened, Your first call should be to the police," said Latz.

Latz says as of mid-July, there have been at least 70 times where judges around the state have issued an ERPO to remove firearms and he believes lives have been saved as a result.

"No doubt in my mind there are people living today that would not have been living last December before the law took effect because this tool was available for family law enforcement to go in and protect people," said Latz.

An ERPO was issued in Sawchak's case but not until after he shot Moturi, not before.