Hennepin County Attorney’s Office completes review of video uncovered from Winston Smith’s phone, returns custody of video to BCA

After a thorough review of the video recovered from Winston Smith’s phone, the Hennepin County Attorney’s Office (HCAO) has returned custody of the video to the Bureau of Criminal Apprehension (BCA). Release of the video will be at the sole discretion of the BCA.

The BCA’s original investigation regarding law enforcement’s use of force was completed and submitted to the Hennepin County Attorney’s Office, which asked for review by the Crow Wing County Attorney’s Office (CWCAO). Crow Wing County Attorney Don Ryan found the use of deadly force was justified and communicated the decision on Oct. 6, 2021.

A review of the cell phone video does not change the conclusion reached by the CWCAO.

"While our review of the video does not change the conclusion that the use of force was lawful, this was a tragic outcome,” Hennepin County Attorney Mary Moriarty said. “We appreciate our ongoing collaboration with law enforcement partners toward ensuring the safety of officers and the public.”

The Hennepin County Attorney’s Office and the U.S. Marshals Service (USMS) released the following statement:

“The Hennepin County Attorney’s Office has reviewed the video recovered from Winston Smith’s phone and has determined that it does not change the conclusion that this was a lawful use of force.

USMS has committed resources and made advancements to ensure law enforcement officers are equipped and trained to properly use body-worn cameras to increase public trust in law enforcement and make communities safer.

Law enforcement agencies should take every opportunity to review critical incidents, as well as internal practices and procedures to ensure the safety of officers and the public.”

Additional details regarding the incident and the decline are available here.

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