Burnsville Police Wrongfully Killed Man with Mental Illness, Lawsuit Claims

Earlier this year, Burnsville police fatally shot a man whose family said was mentally ill. The incident took place in a McDonald's parking lot. Now, Map Kong’s family has filed a lawsuit against the city of Burnsville and the police, claiming the use of lethal force on Kong was excessive and unconstitutional.

At approximately 6:15 a.m. on Thursday, March 17, the Burnsville Police Department responded to a report of suspicious activity in the McDonald’s parking lot at the corner of Highway 13 and Washburn Avenue in Burnsville, according to a news release. Five officers responded to the scene and discovered a single individual, later identified as Kong, 38, wildly brandishing a knife while in the driver's seat of a car.

Video caught of the incident by police body cameras shows officers breaking two windows of the car and yelling at Kong to "drop the knife!" When Kong failed to comply, officers attempted to Tase him. Kong eventually fled the vehicle. Police then shot Kong several times, killing him.

In June, a Dakota County Grand Jury concluded that the Burnsville police officers involved were legally justified when they used deadly force in the shooting death of Kong.

The autopsy revealed Kong died from multiple gunshot wounds. Toxicology tests performed on Kong’s urine and blood draw taken during the autopsy tested positive for amphetamine and methamphetamine, according to a news release from Dakota County.

Under Minnesota law, the use of deadly force by an officer is justified in the line of duty when necessary:

1. to protect the peace officer or another person from apparent death or great bodily harm;
2. to effect the arrest or capture, or prevent the escape, of a person whom the peace officer knows or has reasonable grounds to believe has committed or attempted to commit a felony involving the use or threatened use of deadly force; or
3. to effect the arrest or capture, or prevent the escape, of a person whom the officer knows or has reasonable grounds to believe has committed or attempted to commit a felony if the officer reasonably believes that the person will cause death or great bodily harm if the person’s apprehension is delayed.

According to the Star Tribune, Kong's family is claiming that Burnsville police officers Taylor Jacobs, John Mott and Maksim Yakovlev were negligent and deliberately indifferent to Kong’s medical needs as he swung a knife in his car in mental distress. They also claim the city of Burnsville was negligent and indifferent in failing to train officers to respond to a mental health crisis.

One officer is heard in the bodycam video saying, "We can bust the window and Tase him if you want."

"If he gets out, I’ll go lethal," another says.

According to the suit, Kong was born in Cambodia. His family fled the country after its village was bombed, which played a role in his mental health issues, according to the complaint. The suit also claims Kong was suffering a mental breakdown before he was shot. Minnesota Public Radio reported that the suit seeks more than $1 million in damages.

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