Native American Press / Ojibwe News

Fusillade of shots sends two Red Lakers to hospital

by Clara NiiSka

A fight at a Bemidji bar allegedly led to a shooting in Redby, on the Red Lake reservation, beginning shortly after 1:30 a.m. on Thursday, April 18th.  The FBI subsequently found 19 bullet casings, indicating that at least 19 gunshots had been fired, although area residents say they heard “well over that amount of shots.”

Randy Lee Garrigan and Arnold James Pemberton, who according to the criminal complaint filed in US District Court on April 19th are “both Indians,” were charged in federal court with “aiding and abetting each other,” in the April 18thassault with firearms resulting in serious bodily injury of Robert Charles “Whitey” Anderson and Leland Dean Lussier, Jr.  Garrigan and Pemberton had a detention hearing on Wednesday, April 24thin federal court in Minneapolis, and are currently in custody at a halfway house in the Twin City area, until space opens up in an area detention facility.  The federal prosecutors have thirty days during to file an indictment, and according to Karen Bailey, media liaison at the U.S. Attorney’s office, Garrigan and Pemberton will face a federal grand jury.

According to the FBI Special Agent Keith Hanzel’s criminal complaint, Garrigan and Pemberton, both aged 23, got into a fight with Anderson and Lussier at the Blue Moon bar in Bemidji.  Bar bouncers broke up the fight and told Garrigan and Pemberton to leave the bar.

According to the complaint, Red Lake criminal investigator Donovan Wind received a report of gunshots on the Copper City road in Redby at about 1:49 a.m.  Officer Maurice Lawrence of the Red Lake police department was headed toward Redby in response to the shooting report when he met a white Oldsmobile headed in the other direction toward Red Lake at 96 miles per hour.  The car, driven by Melissa Lussier, sped through the town of Red Lake and pulled up at the emergency entrance, its windows shattered.  Both Anderson and Leland Lussier got out of the car covered with blood, Anderson seriously injured.

According to a statement given to FBI special investigator Timothy Ball by Melissa Lussier later on the morning of April 18th, she, Anderson, and Leland Lussier were driving on the Copper City Road when a silver pickup truck came up behind them, flashing the high beams.  Whitey, Melissa and Leland got out of the car, and Randy Garrigan and Arnold Pemberton, Jr. got out of the pickup truck.  Garrigan and Pemberton allegedly began shooting.

Leland Lussier, Jr. was hit in his rib cage and hand, and Anderson was shot at least three times in his torso and right arm.  Garrigan and Pemberton allegedly continued their gunfire as Lussier and Anderson got back into their car.  Melissa Lussier, who was unhurt, drove to the Red Lake hospital.

The two injured men were taken to the North Country Regional Hospital in Bemidji, then airlifted to Hennepin County Medical Center in the Twin Cities, where Anderson remained in satisfactory condition on Wednesday, April 24th.  Leland Lussier, Jr., had been released.

According to FBI special agent Keith Hanzel’s report, there was shattered glass and blood on the Copper City road at the scene of the shooting, as well as 17 casings from a .223 caliber Ruger rifle and two from a .40 caliber Glock pistol.  He also found “several copper jackets and lead fragments in the road, apparently from the fired bullets,” as well as “a large amount of shattered safety glass,” and “drops and a pool of blood, along with pieces of bloody tissue.”  He also reported that there were massive amounts of blood in the front and rear seat of the white Oldsmobile and broken windows in the car.

FBI special agent Timothy Ball interviewed Garrigan and Pemberton on April 18th.  According to Pemberton, after he and Randy Garrigan left the bar, Pemberton’s cousin called on Garrigan’s cell phone and told him that Anderson and Lussier “were talking about getting ‘steel’ or guns, and coming after Pemberton and Garrigan.”  Pemberton said that he believed Anderson was a drug dealer and had access to guns, and so he and Garrigan went to Garrigan’s house and retrieved the Ruger .223 rifle and .40 caliber pistol for self-protection.   According to the criminal complaint, Garrigan told the FBI that when he and Pemberton met the white Oldsmobile, “the car turned around, came up behind them flashing the high beams, and started swerving toward their truck several times.  Finally, the car cut in front of the truck, forcing them to stop.”  Pemberton told the FBI that when Anderson got out of the car he was “maybe holding a black handgun,” so, Garrigan grabbed the rifle and started shooting.

“He didn’t aim.  He just kept pulling the trigger,” according to Ball’s report.  Ball said that Garrigan told him he did not know how many rounds he fired.

The case is being prosecuted by U.S. Assistant Attorney Lisa Biersay.

Leland Lussier, Jr., and Robert Charles “Whitey” Anderson are both Red Lake enrollees.  According to Press/ON’s genealogical records, neither Randy Lee Garrigan nor Arnold James Pemberton, Jr., are enrolled as members of any federally recognized Indian tribe.

The U.S. Justice Department has presumably taken jurisdiction because the shooting victims are federally-recognized Indians and the shooting took place within the external boundaries of Red Lake Reservation.  (Most of Redby is fee patent land restored to federal trust status.)  If the shooting victims had not been enrolled Indians, the case would have presumably come under State jurisdiction even though the shooting took place on Red Lake reservation (
State v. Holthusen, 113 N.W.2d 180).



 
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