No charges will be filed against Deputy Bill Vanden Avond of the Morrison County Sheriff’s Office for use of a bean bag round against a suspect.
During a May 22 incident, Vanden Avond fired the bean bag round while apprehending Robert Anderson on a felony domestic assault charge and Anderson received a serious injury.
Following the incident, the Bureau of Criminal Apprehension (BCA) investigated the use of force and the Morrison County Attorney’s Office reviewed whether to file charges.
The domestic assault victim told law enforcement Anderson had pulled a knife on her and said he was going to kill her, the County Attorney’s report said.
Anderson allegedly sent the victim messages saying he would kill himself or have law enforcement kill him.
Law enforcement found Anderson sitting in a car in a field off of 210th Avenue and 133rd Street and the altercation was caught on squad car video.
County Attorney Brian Middendorf said that by his count Anderson was told at least 20 times to exit the vehicle and he refused to comply.
The video shows Anderson would lean out the window of the vehicle and then go back in repeatedly throughout the encounter, Middendorf said.
Anderson also allegedly said he had a gun twice during the encounter.
Vanden Avond then shot Anderson in the chest with a bean bag round and officers provided medical attention and found a knife on Anderson’s seat, but no firearm.
Officers involved in the incident said they were concerned Anderson was reaching for a weapon during the altercation.
Anderson allegedly said he had his hands outside the vehicle and was asking if he could have a cigarette.
Middendorf determined the use of force was justified under state statute.
He said the evidence showed Vanden Avond used less than lethal force to protect himself and other officers from apparent death and/or great bodily harm and the force was used to arrest someone officers had reason to believe committed a felony involving threatened use of deadly force.