Grand Jury: Eagan Officer was Justified in Shooting Death

A Dakota County grand jury has concluded that Eagan Police Sergeant Nathan Tennessen was legally justified when he used deadly force in the shooting death of Justin Lee Kulhanek-Derks, 37, of Eagan. The shooting occurred while Tennessen was responding to a report of a male shooting a handgun near an apartment in Eagan on Aug. 28, 2016.

Three Eagan police officers responded to the scene in separate vehicles shortly before noon on Aug. 28 after multiple 911 calls were received related to a person firing a handgun from a motor vehicle parked outside of a town house.

After arriving and approaching the suspect’s vehicle, Kulhanek-Derks started backing out of a parking spot, ignored verbal commands from the officers to exit the vehicle, and fired a handgun in the direction of the officers. Two of the three Eagan officers fired their police assault rifles in response and a shot fired by Sgt. Tennessen struck Kulhanek-Derks in the head, causing his death, according to a news release.

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Officers approached the vehicle and found Kulhanek-Derks slumped over in the driver’s seat with a 9mm handgun in his lefthand. Officers immediately checked Kulhanek-Derks for a pulse and found none.

The autopsy of Kulhanek-Derks revealed that he died from one gunshot wound to his head. Toxicology tests performed on Kulhanek-Derks as part of the autopsy revealed that he had a blood alcohol concentration of .17 at the time of his death.

Dakota County Attorney James Backstrom indicated that it has been the policy of his office since 1990 to present all cases involving the use of deadly force by a law enforcement officer in Dakota County to a Grand Jury to determine whether or not the use ofsuch deadly force was legally justified under Minnesota law.

Under Minnesota law, the use of deadly force by a peace 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
3. Or 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.

Backstrom expressed his sympathy to the family and friends of Justin Lee Kulhanek-Derks, whose life was lost in this incident.

Backstrom also extended his concern for the well-being of the officers involved in this incident and their families as they deal with and process the emotional impact of a life being taken in the line of duty.

"Law enforcement officers are trained to protect and serve our communities each and every day," Backstrom said in a statement. Unfortunately there are times when officers are placed in a situation where they must use deadly force to protect themselves and the public.

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