Story originally printed in the Winona Daily News or online at www.winonadailynews.com
Published - Friday, March 30, 2007
No charges against liquor store owner
A grand jury declined to indict the owner of the Golfview Liquor store Thursday for shooting a man trying to rob his store in February.
Meanwhile, the man accused of robbing the store was in court as prosecutors sought permission to examine him for the bullet they say would tie him to the holdup.
The grand jury, which convened Tuesday, determined there was insufficient evidence to charge William Michael Ahrens, 60, with any crime in the Feb. 9 incident in which he shot a robber with one round from a .38 pistol he kept behind the counter.
Andre Dion Jones, 37, of Rochester was arrested Feb. 11 and remains in the Winona County Jail on six felony charges of robbery and attempted robbery of the store.
According to prosecutors, Jones was shot once in the back after he grabbed Ahrens, demanded money and threatened to shoot him. After his arrest, he was treated at St. Marys Hospital, where he told a doctor, in earshot of police, that he was shot in Winona.
Jones appeared Thursday afternoon in Winona County District Court, where Winona County Attorney Chuck MacLean asked permission to X-ray Jones’ back in search of the bullet.
When Jones was arrested in Rochester two days after the incident, he asked to go to a hospital, according to the criminal complaint. Doctors discovered a bullet his lower back and opted not to remove it.
Jones’ public defender, Ross Phelps, argued that officers took Jones to the hospital even though he didn’t ask to go and had him examined without his consent or a warrant. Phelps argued that MacLean’s request is connected to that search and should be denied.
Phelps also argued that evidence indicated the robber was facing Ahrens when he was shot, while Jones’ gunshot wound was to his back.
District Judge Mary Leahy, who heard the request, said she would issue a decision in the coming weeks.
Prosecutors hope to discover a .38 slug in Jones that matches Ahren’s gun, which would place Jones at the scene.
Prosecutors have also charged Jones’ girlfriend and a man who allegedly drove Jones to and from the store with aiding the robbery, and MacLean said Thursday that both may be called to testify.
An evidence hearing has been scheduled for May.
Jones, who previously has been convicted of bank robbery, could face up to 20 years in prison if convicted of the most serious charge.
What is a grand jury?
Grand juries are investigative citizen panels of 16 to 23 members that hear evidence and determine if there is cause to charge someone with a crime. Minnesota law requires a grand jury to hear any case that carries a life sentence, although county attorneys can submit any case to a grand jury for consideration.
MacLean said that, historically, county attorneys have used grand juries to serve as the “conscience of the community.”
The 23-member grand jury in this case will remain empanelled until the end of the year should they be required to hear any more cases.
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