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JANELLE P.

KENDALL

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Ste arns C ounty

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Attorney

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October 6,2016

Chief William Blair Anderson


Saint Cloud Police Departrnent

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l lth Avenue North


St. Cloud, MN 56303
RE:

Jason Frederick Falconer


St. Cloud Police Department ICR

No. 16045281

Dear Chief Anderson,

I have reviewed the extensive investigation completed by your agency into the events of September 17,2016
in which Avon Police Officer Jason Falconer shot and killed Dahir Ahmed Adan. The law enforcement reports, witness
statements, photographs, medical reports, video and physical evidence of the incident clearly show that Officer
Falconer was justified in the use of deadly force; therefore, no criminal charges will be filed.
On Septemb er 17 ,2A16 at approximately 8: 14 pm, Adan was at the Crossroads Mall at 4201 West Division
Street, located primarily in the City of St. Cloud and partially in the City of Waite Park, Stearns County, Minnesota.
He was armed with two knives. Dressed in a private security uniform, Adan approached and stabbed l0 people after
*Allah Akbar"
first asking some of them if they were Muslim. Adan was heard by at least 16 different people to yell
or ask people if they were Muslim; he stabbed or punched victims in the back, shoulder, head, neck or face. Adan
started the stabbings outside the mall near Complete Nutrition, then entered the mall and proceeded down the hallway
past Ultimate Electronics and the Northwoods Candy Emporium toward Target and Macy's. Video from Unique
Electronics shows Adan chasing and stabbing the store employee. Video from Northwoods Candy Emporium shows
a store employee pulling down the chain security fence to the front of the store while Adan approached with the knife,
which is visible in Adan's hand. Witnesses describe stabbing victims running inside the mall, alerting other mall
occupants to seek cover; merchants closed and locked doors, and shoppers hid with store employees.
Officer Falconer, employed part time by the Avon Police Department, was shopping in Bath and Body Works,
just outside Macy's. Officer Falconer holds a valid P.O.S.T. license, possesses a valid permit to carry a pistol, and was
lawfully carrying a Glock 9mm handgun with amagazine of 15 cartridges plus one in the chamber. His attention was
drawn to two loud, sharp noises coming from the area outside Bath and Body Works. He observed Adan, dressed in
the security uniform, coming toward him in a chaotic environment with many people yelling and running. Adan
approached Officer Falconer, who was dressed in civilian clothing, asking Falconer "are you Muslim?". Falconer
answered no. Adan then turned away and Falconer observed two knives in Adan's hands. Falconer drew his gun and
yelled at Adan, announcing that he was a police offficer and ordering Adan to drop the weapons. Adan ran toward
Macy's. Falconer followed.

Administration Center, RM 448 . 705 Courthouse Square'St. Cloud, MN 56303-4701


(320) 656-3880 . FAX (320) 656-6695
www.co.stearns. mn.us

As is shown on 3 different Macy's security videos recording simultaneously from different angles, Adan ran
into Macy's down the main aisle. Falconer followed, gun drawn. l2 different witnesses verift that Falconer was loudly
yelling at Adan and others that he is an off duty police officer, and directing Adan to drop the weapons. Just inside
the Macy's store, video shows that Adan went left into the clothing display area before he turned toward Falconer.
Adan laid down on the floor with the knives still in both hands. After 2-3 seconds, Adan jumped to his feet and charged
at Falconer with the knives. Falconer shot multiple rounds at Adan while rapidly backing up, falling down briefly in
the main aisle. After being shot, Adan also fell to the ground. Falconer continued to yell at Adan to stay down and
drop the knives. Falconer showed other people in the area his badge and again announced that he is an off-duty police
officer. Adan, however, got up again, circled in the area toward Falconer, and ran toward Falconer a second time with
the knives in his hands. Falconer shot multiple rounds again as Adan ran towards him, initially facing Falconer then
advancing toward Falconer with his back to the bullets as Falconer shot again. Adan went down on his stomach again,
still with a knife in his right hand, and eventually got up and crawled on his hands and knees toward Falconer with the
knife still in his hand for some time before finally falling face down on the floor. Falconer then placed himself between
Adan and the open area of the mall and waited for police to arrive. Officers from the St. Cloud Police Department and
other area agencies arrived within approximately 4 minutes in response to 95 separate 9l I calls made concerning these
events.

The autopsy performed on Adan by Dr. Victor Froloff of the Ramsey County Medical Examiner's Office
shows that Adan died of exsanguination due to gunshot wounds to the head, chest, right flank of his body, back, and
left leg. The shots to Adan's back are those shown on the video as Adan was continuing to advance toward Falconer
with his back to Falconer as he was shooting. A total of 10 rounds were fired, 6 striking Adan. All l0 rounds have
been accounted for. A toxicology report shows that the only substances in Adan's body were nicotine, caffeine, and a
anti-fungal medication. The toxicology report on Officer Falconer showed no chemicals present. The two knives used
by Adan in the mall attacks and the multiple charges toward Falconer were Farberware steak knives, one approximately
t/z inch blade, both appearing to
I 0 inches long with a 5 % inch blade, the other approximately 9 inches long with a 4
be from the same set of knives.

Minn. Stat. $ 609.066 relates to the authorized use of deadly force by peace officers. It states that
intentional discharge ofa firearm in the direction ofanother person constitutes deadly force:

the

Subd. 2. Use of Deadly Force. Notwithstanding the provisions of 609.06 or 609.065, the use of deadly
force by a peace offrcer in the line of duty is justified only when necessary: (l) to protect the peace
officer or another from apparent death or great bodily harm.

During all aspects of the encounter, Falconer engaged Adan from the perspective of a police officer, albeit offduty while at the mall, announcing repeatedly that he is a police officer and showing Adan and others present in Macy's
his wallet badge during the encounter. When Falconer's actions are evaluated as an authorized use of force by a peace
officer in accordance with Minn. Stat. $ 609.066,they are justified and lawful.

of Falconer's visit to the mall was not in the line of duty, Falconer's
under Minn. Stat. $ 609.06, subd. l, and Minn. Stat. $ 609.065. They state, respectively:

Since the purpose


evaluated

actions are also

$ 609.06 Authorized Use of Force, Subd. 1: Except as otherwise provided in subdivision 2, reasonable force may be
used upon or toward the person of another without the other's consent when the following circumstances exist or the
actor reasonably believes them to exist, including (3) when used by any person in resisting or aiding another to resist
an offense against the person.

$ 609.065 Justifiable taking of life: The intentional taking of the life of another is not authorized by section 609.06
except when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or
another to great bodily harm or death.

Falconer's use of deadly force was clearly authorized under each ofthese laws; he was faced with an individual
in a busy mall area in possession of two knives, one in each hand, brought to Officer Falconer's attention by the
individual himself after he asked Falconer if he is Muslim. Officer Falconer observed the chaotic environment prior
to this approach, with people running and screaming in fear. Upon following Adan into Macy's and repeatedly
announcing his authority and commands to drop the knives, Adan ran toward Falconer with the knives raised 2 separate
times, then continued to crawl toward him with a knife in his hand even after being shot during two separate prior
charges at the officer. There were numerous other mall patrons in the immediate area in and outside Macy's; Officer
Falconer was aware of their proximity. Officer Falconer was justified in his belief that deadly force was necessary to
protect himself others near him, and all other people in the area from great bodily harm or death.
Since the actions of Dahir Ahmed Adan led to this justifiable use of deadly force by Officer Falconer, no
criminal charges will be filed against Officer Falconer. Investigation into the actions of Dahir Ahmed Adan continues;
therefore, no other information in the file is available for public release.
Thank you for your detailed work in the investigation ofthese events. 126 police, fire and emergency personnel

from 13 different agencies responded; there were 112 identified witnesses. The public safety response of Officer
Falconer, the St. Cloud Police Department, and the many local, state and federal law enforcement agencies assisting
that night preserved lives, prevented other injuries, and bolstered confidence in our public safety system.

le

P.

County Attorney

JPK/lmk
cc

Chief David Bentrud, Waite Park Police Department


Chief Corey Nellis, Avon Police Department
Special Agent in Charge Rick Thornton, Federal Bureau of lnvestigation, Minneapolis Field Office

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