The accused killer of 9-year-old Trinity Ottoson-Smith — struck by a stray bullet while jumping on a trampoline in north Minneapolis two years ago — tried to withdraw his guilty plea Tuesday, but the judge didn't seem persuaded.
D'Pree Shareef Robinson, 20, appeared in Hennepin County District Court with his public defender Jesse Dong, who argued Robinson was under the influence of oxycodone and unknowingly waived his trial rights while agreeing to an aggravated 37½-year sentence for murder in connection to the shooting on May 15, 2021.
Robinson entered a last-minute guilty plea in March just as jury selection was set to begin, while he was represented by defense attorney Tyler Bliss. The case took another turn when District Judge Julie Allyn allowed Robinson to replace Bliss with Dong, who then asked to withdraw the plea.
Prosecutor Joshua Larson said at Tuesday's hearing that Robinson was unambiguous and tearful when "confessing to killing a 9-year-old child." He said Robinson had enough time to discuss the decision with Bliss, who thoroughly went through the plea petition in front of Allyn and Trinity's family. Allyn inquired multiple times with Robinson about giving up his rights before accepting the plea.
"He certainly sought to plead guilty— that was the culmination of discussions," Larson said, adding that Trinity's family felt the emotional release of that plea.
But Dong argued that Robinson had hernia surgery four days prior to entering the plea and "was still on oxycodone and he was not truly realizing the choices he had regarding the plea because of his chemical use."
According to the plea transcript, Bliss asked Robinson: "And there's nothing impeding your mental state; is that correct?"
"No," Robinson said.
This answer, Dong argued, should've prompted further inquiry from Bliss or Allyn.
Larson said everyone in the courtroom knew what Robinson meant when he said "no."
Allyn will issue an order on the plea withdrawal within two weeks, but she said parties should proceed to sentencing, now slated for July 11.
"It would not be my intention to allow Mr. Robinson to withdraw his plea," Allyn said.
Trinity's grandfather Randy Ottoson said the family is ready for closure and to move on.
"It's been going on for way too long," Ottoson said. "I think with what happened and making a sentencing date, I think we're there ... We're relieved that there's not going to be a trial. It just causes more and more immense pain to go through every sore detail."
Ashley Bergersen was the first Minneapolis officer at the scene and rushed Trinity to the hospital with her partner in the squad car. She attended the hearing Tuesday wearing a T-shirt with Trinity's photo on it, gifted to her by the family.
She said May 15, 2021, still feels like yesterday and that Trinity would be 11 years old today.
"I just want her to have some peace finally," Bergersen said.
Robinson was charged last February with one count of second-degree murder. Then in July, he was indicted on three counts of first-degree murder, including one that specifically says the killing was committed for the benefit of a gang.
Officials allege it was a gang-related shooting. Trinity was caught in the backyard of a friend's house on the 2200 block of N. Ilion Avenue, directly between Robinson and the intended target.
Robinson's vehicle pulled up to a nearby house and shots were fired at three men on a side porch. A man chased the vehicle and returned fire as it sped away. Surveillance showed that Trinity was struck by gunfire before the retaliatory shots.
She was one of three children critically wounded or killed on the North Side in 2021 during a three-week span. Ladavionne Garrett Jr., 10, was shot in the head April 30 while riding in a vehicle, and Aniya Allen, 6, was shot in the head while riding in her mother's car. She died two days later, on May 19.
Trinity's killing is the only one that has resulted in an arrest. A reward of up to $180,000 is being offered for information in the shootings of Ladavionne and Aniya.
