Is Todd County Going to Choose Against Accountability in Slagerman/Kuschel Case?

In my last post, I summed up a big political scandal for everyone in a really, simplified fashion. I am going to do something similar here to grab your attention. A man named Tyler Slagerman (Lacey's boyfriend) shot Lacey in the back (while she was holding their baby) last February while under the influence of alcohol.   Let's review the important points here.  HE SHOT A WOMAN AND MOTHER OF AN INFANT IN THE BACK.  You should find this very disturbing.  You know what you should find even more disturbing?  He has custody right now of that baby girl.  And today it was announced that his trial was cancelled, and turned into a plea hearing  because a plea bargain has been proposed.  This means that Tyler's attorney has a plea deal to offer the judge. And let's just face it, a plea deal would mean less work for everyone.  Wouldn't that be nice?   If the judge accepts this plea deal, he will probably serve one year.  If he get's a work release and has good behavior,  he will probably serve a third of that time. 

To give you some background on this whole ordeal, the official news release statement reads as following:

The Todd County Sheriff’s Office was alerted to a report concerning a gun shot victim at 18861 360th St. Clarissa around 1:50 a.m. Feb. 25.

Clarissa Fire and Rescue and Browerville ambulance along with law enforcement responded to the call.

A 36-year-old female, later identified as Lacey J. Kuschel, was found deceased at the residence.

Slagerman was arrested at the residence and was subsequently charged with 2nd Degree Manslaughter-Unintentional and Child Endangerment on Feb. 27.

According to the complaint filed in Todd County District Court, Slagerman called 911 and told the dispatcher that a gun had fallen off a counter, discharged and hit a female party in the residence.

Upon arrival at the scene, a Todd County Deputy observed a 30-30 lever action rifle on the floor. The deputy found Slagerman in the bedroom giving the victim chest compressions. The deputy also noticed what appeared to be an entry wound on her back.

Slagerman was then taken into custody and he later told authorities that after he had returned home from being out, around 12:30-12:45 a.m., their dogs were barking and he found Kuschel on the bed holding and rocking their baby, who had been woken up by the barking.

Slagerman then told authorities he grabbed the 30-30 rifle that he kept in the corner of the bedroom to go out and check on the dogs in case there were coyotes in the yard. After he grabbed it, he told authorities he turned around fast and the rifle went off, striking Kuschel in the back while she was holding the baby. The child was unharmed.

Slagerman told the authorities that he kept the rifle loaded in the bedroom.

Law enforcement stated in the complaint that they had detected the odor of alcohol on Slagerman. Slagerman told authorities that he had been out with friends prior to coming home and had consumed about four drinks. A blood-alcohol test administered around 5:30 a.m. found Slagerman’s BAC to be at .073.

The 2nd Degree Manslaughter-Unintentional charge carries a maximum of 10 years in prison and a $20,000 fine. The child endangerment count carries a maximum of one year in prison and a $3,000 fine.

Obviously, Lacey's family has some really serious questions, that have NOT been investigated to their knowledge. NOBODY has answered any of their questions. Like; how can three witnesses attest to seeing Tyler leave the bar between 4 and 5pm, yet, nobody can vouch for seeing him between 5 and midnight even though he claims he didn't get home until around 12:45pm.  Huh.  That same evening Lacey left her parents also between 4 and 5 claiming she was going to go home and make a birthday supper for Tyler. And isn't it weird that Tyler is a skilled hunter that even took people on hunting guides?  Wouldn't it be really hard for a skilled hunter and man who knows his way with guns, to shoot the mother of his child accidentally in the back? Or, how about the fact that Lacey was fully dressed? Moms of infants out there...you know that we are not wearing jeans past 9pm after a night "in", let alone at 1 am, and yet, Lacey was found fully dressed.  People close to her will attest that she is the first person in her pajama pants at the end of the day. Doesn't that small clue let you know something bad was going down here?  Like I don't know, maybe, someone was going to leave with their baby, but then was stopped?  Isn't it weird that Tyler told three different stories that night?  Also, how did Tyler's dad and step mom have the baby in their care in Blaine (quite a ways away from where the shooting took place), by time law enforcement were informing Lacey's parents of what happened?  Boy.  I can see why a plea deal would be the easy way out, these are some tough questions to look into for a whole ten minutes. And I'm just a mom blogger.  Also, if you look into Tyler's past criminal history, you will find that he has a track record of giving false information to police, and actually, even has attempted to impersonate a cop.

Also, guns don't just discharge on their own. The rifle used (a 30-30) actually has a series of steps you must follow before it will go off. If you don't know much about guns, just know that this type of gun can't "fall off a counter and shoot someone in the back" accidentally. 

The court attorney appointed to this case did not reach out to Lonnie and Betsy (Lacey's parents). They had to reach out to him.  As astounding as this is, this is actually legal protocol.  Most of us don't know, that when something awful happens (like your daughter gets shot while holding her baby)  you don't just get to go round up a bunch of money and hire any lawyer. It's actually a criminal case being prosecuted by the state of Minnesota.  So, you don't really get anyone to work with or help you.The only way you can get an attorney of your choice is if you get a civil claim.  And I messaged my only lawyer friend in Facebook land about what all this means, and she basically said, "their best avenue is public support."  THIS is where YOU come in.  So pay attention.

Here's some more crazy info. Let's say, a drunk angry man shoots your daughter in the back while holding your granddaughter.  Before you can get your granddaughter (and in this case, a baby that Lacy's parents took care of and watched after almost on a daily basis) you have to go through the entire process of getting licensed as a foster parent (I would like to note that the court gave them the extra trouble of having them get licensed through TWO counties). To give you a little glimpse into this, Lacey's parents had to do a mound of paperwork, pay for background checks, install new carpet, put in a new bathroom, make sure everything was up to code, take classes,etc; to make sure their granddaughter was safe.  As someone who has gone through a similar process to get a daycare license, I am sure as heck that county licencor asked them where they kept their fire arms locked up.  Ironic much?   Meanwhile, Tyler (the guy who shot Lacey in the back) didn't even complete the requirements in his case plan, and still got custody back of Aspen. (YOU SHOULD THINK THIS IS CRAZY).

For example.  One requirement of Tyler was that he find and maintain independent housing before he could have his daughter for overnight visits without a guardian ad litem (the person the court hires to watch out for the child's best interests).  The reason Tyler was looking for housing was because, his girlfriend (whom he shot in the back while holding a baby) was the renter of the house.  If you shoot the renter of the house you are living in with, you most likely get kicked out (that's what happened here). Well, Tyler has not yet found his own home.  He has though, started living with a friend.  The court found that to be good enough to give him overnight custody.  I am unsure if anyone has done any background work on the friend, but I am not betting on it. However, we can all breathe a sigh of relief that Lacey's parents put in new carpet for when they see their granddaughter every other weekend. Thank goodness someone was there to check on THAT. 

And just when you think it can't get worse, there is more. Part of Tyler's release conditions right now are that he is to not be in possession of any alcohol.  In October (thanks to Facebook) Lacey's family came across pictures of Tyler in possession of alcohol.  They turned these pictures over to the courts. Do you want to guess what happened?  Nothing.  The pictures were sent to the office by Victim Services. Yet, no accountability. No violations filed.  But hey, the courts made sure Lacey's parents took a class on how to use car seats.  As long as they know how to use the car seats, it should be of no concern that Tyler is drinking while he has custody of this sweet little girl (this is the little girl whose mother he shot...I just want you to remember that detail, she doesn't get to grow up with a mom) but he can be on Facebook drinking.  YOU SHOULD THINK THIS IS CRAZY.  

The saddest part, is this is a story we have all heard before. Lacey's parents noticed she started staying longer at their house to avoid going home. She talked about Tyler having a temper "like no other".  After talking to a few people, the legal jargon and protocol of a father having rights, and "keeping the family reunited" is so complicated and ridiculous it just hurts your brain to even figure it out.  We all don't need a law degree right now to read between the lines. All you need is just some decent common sense to piece together a logical conclusion of what happened that night. I really hope and pray, that people with the same decent common sense work in our courts, especially Todd County, but I am really starting to doubt things about now. As a teacher, and a mother, I am all about "a father having rights". Unless the dad shoots the mom in the back while drunk. Then I think those rights might be need to be severely questioned.  But hey, like I said, I am just a mom blogger.  If Todd County agrees to a plea bargain or a lesser sentence, you all might want to think twice about visiting that area.  Because apparently, shooting your girlfriend in the back while she is holding a baby only deserves a one year slap on the wrist, oh, and you get to raise the baby.  

So here's where your help and voice comes. And, it takes some time and effort on your part.  But you can do it, because we need to do it.  We can do hard things friends.  If you are reading this, and it's past the timeline to send a letter.  Pray.  There is power in prayer, and power in large numbers of prayer. Take the time to stop what you are doing, and say a sincere prayer to God that Judge Anderson will show Justice for Lacey in his ruling.  Pray for baby Aspen, and for Lacey's mom, dad, brother, and extended family. 

Tuesday February 13th,  was supposed to be a trial, but has been minimized to a plea hearing.  Lacey's family obviously would like Tyler to be held to the highest maximum sentence.  They would also like more custody rights.  Although we don't know the plea being offered yet, we can guess these things will not happen if the judge accepts the plea deal.  You can help express your concern and support for Lacey's family by writing a letter to the following Judge.  Please note, that you have to carbon copy (hit CC on your email or fax) to the other two attorneys listed after the Judge for your letter to count.  If you DO NOT cc them, your letter will be tossed away.   Express how you feel after knowing more about this situation. You can also hand deliver these letters.  So if you chose to FAX your letter to the judge, make sure you email copies to the other attorneys listed, and write CC (and list their names) on the fax to the judge.  Everyone needs to be included.  Tell the judge please show Justice for Lacey when making his decision. 

Honorable Judge Anderson

Todd County Court Administration

221 -1st Ave S Suite 100

Long Prarie, MN 56347

fax: 320-732-2506

Chuck Rasmussen

Todd County Attorney's Office

221- 1st AVE Suite 400

Long Prarie, MN 56347

toddcountyattorney@co.todd.mn.us

chuck.rasmussen@co.todd.mn.us

Chris Karpan

Chris Karpan Law

220 22nd Ave E Suite 104

Alexandria, MN 56308

https://www.myfax.com/free/

If you are somebody who gripes about the system being flawed, you should take the time to send a letter.  If you are somebody who cares about violence against women, you should send a letter.  If you are somebody who cares about children or believes in a justice system that holds people accountable, you should send a letter.  If you went to school with Lacey and think it is really sad that she got shot in the back while holding her baby, you should send a letter.   If you don't have anytime to do any of this but read this far, you can at least hit "share" to bring awareness to this woman's family, who care deeply about little (Aspen) and want to raise their granddaughter (and may I daresay...have a RIGHT to do so?) Most of the people who read my blog are my friends on Facebook.  That leads me to believe that most people reading this are parents.  Someday, God forbid, something really terrible and unjust could happen to your child.It could then start to feel like the courts are not on your side.The only thing you are then left with is the village of voices, and reason around you.  Right now friends, it is our turn to step up and be that village for somebody.

In my letter, I will probably say something like, "You are absolutely out of your mind if you agree to anything less than ten hard years."  Because I really like to think that if someone shoots me in the back in Todd County, that person will be held harshly accountable.  But if you want a more civil example of a letter, I have a copy here written by Lacey's cousin, and my old friend, Sarah Kuschel.  So I leave you with her letter, and the hope that you will use your voice.  Because you never know when it will be your turn to need the village behind you. And if that day comes, you will hope people stop and care and DO something.  Let's use our voices to flood those offices with letters and emails in support of what common sense tells us is best for little Aspen.

(Sarah's letter)

“I have known Lacey most of my life as we went to school together and participated in many extracurricular events together.  She was always a positive role model, honor student and someone who really shined in all that she did.  I was lucky enough to marry her cousin and become part of her family, which ensured we continued our relationship as adults and then into being mothers who would have raised the next generation together. Her time was cut way too short and we need to ensure that everything is thoroughly examined in this case and no stone is left unturned, as many lies have been uncovered during previous hearings.”

“Growing up in a family that hunts, and several family members who are firearm safety instructors; I have many questions with this case as to how it is so quickly being written off as accidental.  Anyone that handles firearms knows the basic principals to follow and none of those were met here:  4) Treat every gun as if it were loaded, 3) Never handle firearms under the influence of drugs or alcohol, 2) Know your target and beyond, and 1) Never point a firearm at something you don’t intend to shoot. No one will be injured by an accidental discharge if you keep your firearm pointed in a safe direction.  I could go on and on with firearm safety and proper gun handling, but as you can see, Tyler already failed with all of these and took another person’s life.  Why wasn’t he tested for alcohol in a timely manner? Why wasn’t he removed from the crime scene immediately? Why wasn’t he charged with an additional gross misdemeanor for keeping a loaded weapon in reach of a child (MN statute 609.666)? If this was an ‘accidental shooting’, why was Lacey’s body found in the bedroom, yet the rifle was found in the living room with inconsistent stories? Why weren’t Lacey’s parents contacted by county attorney after the incident happened?  Why haven’t the concerns of Lacey’s parents been addressed throughout the entire investigation?  Why wasn’t a Grand Jury convened or the Attorney General’s Office contacted (as they were for the Williams and Hererra-Torres trials)? Why isn’t Todd County willing to fight for this woman who they represent?  There has also been evidence submitted with release condition violations and again Todd County chooses to do nothing.  How does Todd County feel they are serving the people of their county well? What must happen before Todd County is willing to fight for those who need it?”

“In closing, I ask that you include Lacey’s parents, who are her voice in discussions, before any kind of plea agreement is accepted and that you fight for Lacey, and for Aspen, as they deserve that every piece of evidence be looked at and that Tyler is punished for the actions he had on February 25, 2017.  It is the job of the Todd County Sheriff’s Office and Todd County Attorney’s Office to serve the people of Todd County and do so to the fullest.  We understand that nothing will bring Lacey back, all we ask for is that Todd County due its obligation to the victims of the violence happening with its jurisdiction and provide due justice to the offenders.”