An August 17 shooting in West Fargo, North Dakota, that resulted in the death of one man has been deemed self-defense by prosecutors.
According to a report at wdayradionow.com, 25-year-old Austin Strom was trying to gain access to Prairie Heights Church when he was confronted by 66-year-old Kent Hodges, who recorded the incident. The cellphone video ended when Strom attacked Hodges, according to authorities.
West Fargo teacher Donald Barron was parked in a nearby parking lot, saw the altercation, drove up to the two men and yelled “What the f**k are you doing?” He then, according to police, ordered Strom to the ground. After another minute or so, Strom began to advance on Barron.
According to a memorandum sent to wdayradionow.com by the Cass County State’s Attorney’s Office: “Eventually, Strom told Barron, ‘I fear no one’ and advanced toward him. Barron replied, ‘Stop. Stay back.’ Strom continued toward Barron and repeated, ‘I fear no one.”
The two men then moved into the view of the dash camera at the front of the car.
“Strom continued advancing on Barron who repeated, ‘Stay back. I’m going to shoot. I’m going to shoot,’” the memorandum stated. “The video showed Strom had his hands raised and he determinedly walked toward Barron. Barron continued moving backward with his outstretched hands holding his handgun. Strom closed the distance to a couple of feet and Barron fired one round into Strom’s chest. Strom collapsed to the ground and died.”
According to investigators, Barron immediately called 911. When officers arrived, he voluntarily gave them access to his dash cam and cellphone.
Law enforcement authorities said Barron had reason to believe Strom was going to harm him when he fired the shot. And prosecutors said Barron, who retreated several feet from his initial position, went beyond what is required by North Dakota concerning retreating from an attacker.
Before Barron came to his rescue, Hodges lost a lower jaw tooth and had several loosened teeth from Strom kicking him in the face. He also had several cuts on his face that required stitches.
In the end, the prosecutor’s memorandum concluded that Barron’s actions met all the requirements to be considered an act of self-defense under the law.
“Loss of life in our community is always tragic and it is natural to wonder if it could have been avoided,” the memorandum concluded. “The legal question for the State’s Attorney’s Office, however, is not whether Strom’s death could have been avoided but can self-defense and defense of others be disproven beyond a reasonable doubt. Barron had no legal duty to retreat, and North Dakota law provides the right to use deadly force to defend oneself and others against the danger of death, serious bodily injury or the commission of a violent felony. Under the facts and circumstances of this case, the State is unable to disprove, beyond a reasonable doubt, that Barron was not acting in lawful defense of self and others.”
Toxicology reports later showed that Strom had THC in his system and 25 THC vape cartridges in his vehicle.
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