Teen shootout caught on camera puts spotlight on juvenile crime in Minneapolis

MINNEAPOLIS (FOX 9) - A frightening shootout between teenagers at a northeast Minneapolis gas station that nearly killed innocent bystanders is once again putting the spotlight on juvenile crime in the state’s largest city.

The entire encounter was caught on surveillance video obtained by FOX 9, with one survivor sharing his harrowing story with Paul Blume.

"As I am going by, I can still hear bullets hitting the car. You know, I just kept going. I was not stopping," explained Joe Babineau, who was caught in the crossfire while driving his Ford Focus.

During a late-night stop for a soda and snacks at the corner BP gas station, Babineau and his friend found themselves in the middle of the shootout.

"Mentally, yeah, it has screwed me up," said Babineau. "It was altering, you know. I mean, I just got the hell out of there with my life."

The dangerous confrontation unfolded in the early morning hours of Feb. 28. According to authorities and court filings, it appeared to start with a stare-down at the door between three young rivals. The first shot shattered the glass door. Gunfire then continued inside the shop before spilling outside by the gas pumps.

"No more than 30 seconds, this kid backed up and started firing," recalled Babineau. "He just kept backing up and spraying the whole parking lot."

The shooting left one of the teens involved critically injured, while Babineau’s pal left the scene in an ambulance with a gunshot wound to his foot.

"You know, we took so many bullets from one side," said Babineau. "The other kid that was behind, was firing from the other side. So, the car was literally right in between everything."

The video captured Babineau’s black car speeding away from the scene. A FOX 9 News crew later counted damage from at least six rounds along the car, including one bullet hole in the driver’s door that appeared to be on a straight trajectory toward Babineau, behind the wheel.

Babineau told Blume, he believes the Ford saved his life, "Oh, you bet, you know, because that one bullet, if it would have been a higher-caliber gun, you know, it would have went through and it sure as hell would have hit somewhere on my side."

That same video assisted Minneapolis police in arresting two 17 year olds who have a history in the juvenile justice system. The Hennepin County Attorney’s Office later charged the teens with attempted second-degree murder and assault.

"What happened in this case was horrific," Hennepin County Attorney Mary Moriarty said during an interview this week. "And it does not matter whether it was done by a young person or an adult, we take gun violence seriously."

Court records reviewed by FOX 9 show the shootout occurred less than four months after one of the suspects was put on probation for a prior, juvenile firearms offense. In that case, police found a stolen Porsche at his home along with a gun and ammunition. He pled guilty to lesser charges and was sentenced to two years probation and 100 hours of community service.

"Ultimately, the bottom line has to be about public safety," Moriarty commented.

As for the other young man seen shooting wildly in the gas station, he too has a prior history that would indicate the escalation of dangerous behavior. Limited court records show he was previously sentenced in a first-degree aggravated robbery case when he was just 15 years old. Moriarty tells FOX 9, her office is now considering certifying them both as adults.

"We will get the information from the certification motion, which will be a psychological and history from probation, and a recommendation from probation," explained Moriarty. "We will look at all of that information as well as the specific facts of this case, and we will make a decision at that time. And if it appears that the only way we can keep the public safe is by certifying these young people and possibly sending them to prison, we will do so."

Moriarty has been criticized for not being aggressive enough when it comes to prosecuting young offenders. Just last week, the Minneapolis police chief and Hennepin County sheriff questioned why some teens are not facing more severe consequences for their alleged crimes.

"We need to do everything we can to get these violent juveniles arrested, charged, and off the street," said Chief Brian O’Hara at the time.

"It is not about locking up every, every kid, but we have to ask ourselves with what we see in the streets of Minneapolis, is releasing them immediately onto the streets beneficial to them?"

Moriarty insists it should be a societal goal to keep young people out of adult prison, arguing the statistical outcomes are so awful. But sometimes —like in this case –  she admits, she may have no choice.

As for Babineau and his experience, caught in the crossfire and nearly being killed, he believes the decision here should be a no-brainer.

"They know they are under the age of 18 and they know that these kids probably get a smack in the hand. I am going to push to have it done as far as I can with this because it has changed my life," concluded Babineau. "I am going to push it to the fullest extent."

"So, he is absolutely right. He should feel safe, as everyone should, to go about their business, wherever that is," responded Moriarty. "So, yes, some young people do need to go to prison for an extended period of time, and we will do that. But that also does not help the next person who goes into a BP just, you know, going about their business and ends up in the middle of gun violence. We need to address that as well."

Both suspects turn 18 in July. They are currently locked up at the Hennepin County Juvenile Detention Center. The state and the courts will now look at the pair’s history -- psychological and criminal – and their potential for any sort of rehabilitation. Both of their families have shared similar stories with FOX 9 involving childhood trauma, a draw to guns and the streets, and an inability to so far deal with conflict effectively.

They are pleading for one final chance for their loved ones before a final decision is made about sending them away to prison.