Sep. 24—No charges will be filed in the June 10 fatal shooting of Brenda Kay Krause of rural Albert Lea, the Freeborn County Attorney’s Office announced Wednesday.
A press release stated the Minnesota Bureau of Criminal Apprehension has completed its investigation of the shooting death and of the law enforcement use of force in the attempt to apprehend the shooting suspect.
Freeborn County Attorney David Walker reviewed the investigation to determine whether the evidence supported any criminal charge in the shooting death of Krause, 66. To avoid any conflict of interest, Fillmore County Attorney Brett Corson reviewed whether potential criminal charges will be considered against any of the officers involved and will report his findings independently.
After reviewing the events, reports and recordings related Krause’s death, Walker said the evidence does not support criminal charges in that the only credible suspect lost his life in this incident.
The chain of events that culminated in Krause’s death outside her home in rural Albert Lea began with her 911 call on June 9, when she reported that her son, Nathaniel Dewitt Bailey, with whom she shared her residence, had threatened her with a gun.
On June 10, deputies were dispatched in response to another call in which the reporting party said that she was on the phone with Bailey and that he was again threatening to kill his mother.
The reporting party said Bailey is always armed with a .380 caliber handgun and pocket knives. The reporting party was able to use home security cameras on the property to inform law enforcement that Bailey had left the residence in a green Subaru.
Law enforcement officers from Mower County, Freeborn County, Albert Lea and the Minnesota State Patrol attempted to detain Bailey and pursued him as he attempted to flee and then returned to his mother’s home.
Bailey was ultimately fatally shot by law enforcement at the property where he had lived with his mother. There were no signs of forced entry to her home.
Krause’s body was found in the south yard near her home with five .380 caliber casings on the ground nearby. She was pronounced dead with four gunshot wounds. She was holding a loaded magazine containing .380 caliber ammunition.
A search of Bailey’s body after his fatal encounter with law enforcement revealed a Ruger .380 caliber handgun in his hand with a loaded magazine and a round in the chamber. Another loaded magazine containing .380 caliber ammunition was in the pocket of his jeans.