Waseca prosecutor asks appeals court to reinstate charges of attempted murder against teen accused of bomb scheme

By Samantha Maranell, Waseca County News

ST. PAUL — Prosecutors on Tuesday urged a state appeals panel to reinstate charges against a Waseca teen accused of planning to kill his family and bomb his school, saying he took the required steps necessary to bring him to trial.

Defense attorneys for John David LaDue, 17, say none of that matters, that a district court judge’s decision to dismiss four counts of attempted premeditated first-degree murder and six counts of possession of explosives isn’t appealable. In July, District Court Judge Gerald Wolf said LaDue never took a “substantial step” toward killing family and Waseca High School classmates, a goal he outlined in a journal spanning nine months and reportedly admitted to police.

Prosecutor Brenda Miller told the appeals court, a panel of three judges, that LaDue’s actions did constitute attempted murder, which she defined as “an act done with the intent to accomplish” the goal.

Besides keeping a journal of his plans, LaDue also tested various types of explosives around Waseca, including at local schools, obtained firearms and kept a loaded gun next to his bed which he would have used to kill anyone who discovered the journal he kept under his bed, according to the prosecution.

“I’m not asking you to punish someone for their thoughts,” Miller said, “but for nine months of planning.”

Judge Terri Stoneburner seemed concerned about what Miller was asking them to criminalize if they ruled in the state’s favor.

“You’re asking us to criminalize intent and preparation,” she said.

Miller countered by saying that LaDue detonated 35 to 40 explosives around the community, which she said constitutes a substantial step toward the crimes he was charged with after he was discovered in a storage facility full of items used to make bombs.

“That could be criminal, but is it attempted murder?” Stoneburner asked of LaDue’s alleged admission that he exploded homemade bombs around Waseca.

Miller replied, “It’s a substantial step toward it.”

Stoneburner interrupted, saying “But he (LaDue) wasn’t intending to kill anyone on the days he detonated the bombs.”

“Substantial steps,” which Minnesota law doesn’t define, should be preparation plus intent plus actions, Miller said, and should constitute an attempt.

“He has done everything possible to be able to commit the crime,” said Judge Renee Worke.

Stoneburner continued, giving Miller several scenarios to try to ascertain the meaning of “attempt.”

“If someone has a loaded gun when arrested, but in their diary it says they plan to kill the victim next month, is this an attempt?”

Miller said that in other states it would be.

Worke asked Miller to identify the date that LaDue attempted murder.

Miller said the day he loaded a gun and put it in his bed to kill his family if they found his journal was the day he took substantial steps toward committing murder and therefore constitutes attempted murder.

Defense attorney Mark Nyvold took issue with the prosecution’s definition of “substantial step” and “attempt.”

When an attempted murder occurs, the victim has some idea that someone tried to kill them, he said. Neither LaDue’s family nor his classmates knew that LaDue may have been planning to kill them, Nyvold said.

“He only took preparatory actions,” said Nyvold. “You need to be in the process of committing the crime for it to be an attempt.”

He also said there’s nothing to stop the prosecution from finding new facts and reinstating the case, so Miller’s claim, which she outlined in a brief and argued in court Tuesday that the dismissal of charges would have a “critical impact” on the case, is inaccurate.

Miller said the court needs to do what is best for the public and for LaDue.

Stoneburner asked if there is any other way to protect the public from LaDue. Miller said that committing him to a mental facility could serve that purpose, but said there’s no way to know if he would qualify.

Nyvold admitted the teen “obviously has a mental illness if you read his journal. He’s deeply troubled and has some demons.”

The panel has 90 days to issue a ruling.

LaDue still faces less serious charges — six counts of possession of explosive/incendiary devices, which are on hold pending the outcome of the appeal. Also on hold, a decision as to whether LaDue should be tried as an adult.