Eight months after a mass shooting left a beloved member of the punk scene dead and six others injured at a show in south Minneapolis, a teen suspect is in custody and faces seven felony charges.
Dominic James Burris, who turned 18 last week, appeared in juvenile court Tuesday afternoon on charges of aiding and abetting second-degree intentional murder and six counts of felony assault with a firearm. Another teen faces similar charges that were filed along with Burris' counts under a sealed warrant April 12. Charges say that the DNA testing of a cigarette butt led to his identification. He is not in custody and his whereabouts are unknown.
Eyewitnesses saw the teens run away from the pop-up punk venue Nudieland, where friends gathered Aug. 11 in the backyard of a house in the 2200 block of 16th Avenue S. for a show and birthday party. Gunfire erupted at 10:15 p.m. as a band was wrapping up for a crowd of 30 to 50 people.
Charges say the shooting was motivated by bias against the victims' gender, sexual orientation, gender identity and gender expression. The suspects were heard making derogatory remarks before the shooting.
"Witnesses identified the gathering as a LGBTQ+ friendly community and the victims included people who identify as lesbian, gay, bisexual, transgender, and queer," charges say. "Witnesses identified the shooters as two males who were not part of the community, but who had come to the concert and interacted with multiple people in the minutes before the shooting."
Musician and songwriter Nicholas "August" Golden, 35, whom friends described as talented and generous, died shortly after officers arrived at the scene. Golden played in the Minneapolis punk band Scrounger after moving to the Twin Cities following stints in New Orleans and Santa Cruz. He was deeply involved in the Minneapolis punk scene, as well as in other cities, and Rolling Stone magazine wrote about Golden after his death.
"He was dedicated to the subcultural world we live in. He wasn't just a spectator," friend and Scrounger bassist Bryan May told the Star Tribune last summer.
One victim was shot in the torso, injuring his intestine, liver and a kidney, which had to be removed, charges say. Another victim had a bullet graze their cheek. Other victims were shot in the legs and thighs.
Golden's family observed the court hearing Tuesday remotely, while two victims attended in person. The two didn't wish to be named or to comment, though they briefly said as they left court that it was hard being there and that they're feeling a lot of emotions.
Burris' mother, brother and public defender Camille Bryant declined commenting after court.
'Derogatory epithets'
In a news conference Tuesday, Hennepin County Attorney Mary Moriarty said the charges are a result of a collaborative investigation with senior prosecutors in her office and Minneapolis police.
"Although it has been eight months since this tragedy occurred, we have been persistent throughout this time to work with our law enforcement partners and seek accountability. We have not forgotten about Nicholas Golden, who was murdered that day, and the other victims who were significantly harmed. This shooting at what should have been a joyous event rocked our LGBTQIA+ community and increased fear among a community that is too often already under attack."
Moriarty, who is gay, said that at this point there is not enough information to know whether the crime itself was motivated by hateful comments the suspects made.
Standalone hate crime charges are not on the books in Minnesota, but defendants can face charges with aggravating factors and enhanced sentencing for being bias-motivated.
It's also unknown if Burris will be certified as an adult, Moriarty said. Experts will conduct studies on Burris and provide information to prosecutors, who will decide whether to move the case to adult court.
"I absolutely know we will hold this young man and the other young man accountable," Moriarty said, "but our process is to look at each and every individual … and wait until we get the certification study, the psychological reports and talk to the people who have been harmed by this tragedy."
According to the charges against Burris, the suspects interacted with several people at Nudieland in the minutes leading up to gunfire.
One woman said the teens hit on her and made insensitive comments as she rebuffed their advances, charges say. She described the interaction as hostile and commented about them having guns, to which they said, "We're not going to use the gun or anything, but if need be, we will."
Another woman said she saw the suspects flashing guns and heard them make insensitive comments after learning the witnesses were lesbians, charges say.
Other witnesses at the party said they overheard the suspects "utter derogatory epithets about the sexual orientation of the concert attendees," charges say.
The suspects remained at the concert, eventually leaving out the front door. But less than a minute after they left, gunshots rang out.
One witness later saw the suspects walking along a fence in the neighboring yard north of the yard where the concert took place. Charges say officers recovered nine discharged cartridge casings from two different firearms in the neighboring yard.
A witness who lives near Nudieland said he was at the show but went home for bed. He heard the gunshots and raced downstairs, seeing someone in a red hooded sweatshirt running down the alleyway and another person in a black hoodie peek around the corner of the alleyway.
The witness followed the suspects and observed as they walked away from the scene. Investigators located surveillance video from the path that the witness observed. Another witness with knowledge of the shooting later identified Burris wearing the red hoodie, charges say.
It would take forensic DNA testing to identify the other suspect. Since eyewitnesses reported seeing at least one suspect smoking cigarettes at Nudieland, investigators collected butts from an ashtray.
Forensic examiners were able to develop a DNA profile that matched a known profile for Burris' co-defendant.
"Right now, law enforcement partners continue to search for the other guy," Moriarty said.
Police Chief Brian O'Hara said in a statement, "The violence inflicted in this mass shooting angers me, and I am moved to compassion for those who were impacted by this terrible murder and attempted murders."
Burris will remain in the juvenile detention center. A court appearance is set for May 1.
