First-degree murder charges handed down

A Carlton County grand jury voted last week to charge a Cloquet man with five counts of first-degree murder, another development in a case that shocked county residents last spring when the bodies of a pregnant woman and her toddler were found hidden in their home, brutally murdered.

Sheldon James Thompson, 33, was charged in March with two counts of second-degree murder and a third count of second-degree murder of an unborn child.

As a result of the grand jury indictment, he faces a total of eight charges: two charges of murder in the first degree, premeditated and murder in the first degree, domestic abuse for the deaths of Jackie Ann Defoe and her son Kevin Lee Shabaiash Jr., and one charge of murder in the first degree of an unborn child, premeditated. He also faces two charges of murder in the second degree - intent, and murder in the second degree of an unborn child - intent.

All of the first-degree murder charges carry with them a penalty of life imprisonment without release, while the second-degree murder charges have a maximum penalty of not more than 40 years in prison.

Carlton County attorney Lauri Ketola said that her office cannot charge people with life sentences.

"In Minnesota, only grand juries can issue that indictment," she said.

Ketola said 16 to 23 people are required to serve on a grand jury, and at least 12 of them must vote to indict. Grand jury members are selected randomly - as are regular jury members - and must be available to serve for a year at a time.

The grand jury process is "veiled in secrecy," Ketola said. She could not say how many people served on last week's grand jury, and jurors are not supposed to tell others they served. This is the second grand jury convened in Carlton County since Ketola took office.

The allegations

According to the criminal complaint, Fond du Lac police officers responded to a call for service around 1 p.m. March 7 from someone who said they had spoken with Thompson the previous day, and that he was acting unusual. When asked what was the matter, Thompson allegedly told the caller that he had killed Jackie DeFoe, making a gesture that indicated strangulation. He also allegedly told the caller he had killed her son.

When Fond du Lac officers went to DeFoe's residence on Locke Lane and knocked on the door, they did not get a response. They couldn't see inside, but observed damage to the door. A FDL housing worker told them he had performed work at the residence on Friday, March 6, and the house was in disarray, which he stated was unusual. He had not gone into the bedrooms, he told them, because the doors were shut.

After police obtained a search warrant to enter the home later Saturday, they found DeFoe in a closet with stab wounds. She had been 13 weeks pregnant. They found her son's body in another bedroom, with observable bruising around the head. Both bodies were concealed under blankets and clothing and the doors had been screwed shut.

According to the criminal complaint, Thompson allegedly told numerous people that he had killed DeFoe and her child.

Attempts to locate Thompson, who had lived at the home intermittently, were initially unsuccessful. Police got a tip that he was in a vehicle with someone, but when they contacted the person, she said she had picked him up at a home in Cloquet and they'd driven around for a period of time before she dropped him off on the side of the road.

Thompson called 911 and indicated that he wanted to turn himself in, giving them an address. When police arrived, he wasn't there. With the assistance of a Minnesota State Patrol helicopter and a K-9 from the Carlton County Sheriff's Office, he was located in a wooded area off Mission Road in Perch Lake Township and taken into custody March 8.

Thompson has been in custody at the Carlton County jail since he was arrested, with bail still set at $1 million, with no 10-percent cash option. Judge Jill Eichenwald denied a motion to increase the bail to $10 million on Wednesday, during Thompson's first appearance on the new charges.

There have been numerous motions in the case over the past seven months, including a motion by Ketola and assistant Minnesota attorney general Erin Elridge to seek an aggravated sentence upon conviction, asking for an upward departure from Minnesota sentencing guidelines. They outlined seven factors for the request, including the

"particular vulnerability" of the victims and the "particular cruelty" evidenced by the fact that Defoe was stabbed 35 times in the back, and her child had multiple fractures, bleeding on the brain and was left to die.

Ten days after the filing for aggravated sentencing, Thompson's attorney Kassius Benson filed to have all charges dismissed, pleading innocent of all charges.

Specifically, Benson wrote that the state's case is based on witness statements that claim Thompson said he killed Jackie and her son, and lacks eyewitnesses, a murder weapon or relevant physical or forensic evidence linking Thompson to the crime. The motion also argued that the state lacked a motive for Thompson, who had allegedly convinced Defoe to not seek an abortion after she found out she was pregnant with his son.

The grand jury indictment was filed Thursday, Oct. 8. Thompson's next court hearing is set for 1:30 p.m. Wednesday, Oct. 28 with Judge Eichenwald.

A history of violence

A look at Sheldon Thompson's criminal history reveals a half-dozen incidents that included assault and domestic assault charges over a 14-year period.

• In December 2006, at the age of 19, Thompson was charged with attempted second-degree murder and second-degree assault with a dangerous weapon, as well as fourth-degree damage to property. In a plea bargain, Thompson pleaded guilty to the assault charges and the other charges were dismissed.

• In February of 2009, Thompson was again charged with second-degree assault, felony domestic assault by strangulation, terroristic threats, misdemeanor domestic assault, obstructing the legal process and fleeing a police officer. He was convicted of misdemeanor domestic assault and all the other charges were dismissed.

• In December of 2013, Thompson was again charged with felony domestic assault by strangulation, interference with an emergency call as well as gross misdemeanor domestic assault. He pleaded guilty to the gross misdemeanor and the other two charges were dismissed.

• In November of 2015, Thompson was charged with fifth-degree gross misdemeanor assault and criminal damage to property in the third degree. He pleaded guilty to the assault and the other charge was dismissed.

• In Wisconsin in May of 2016 Thompson was charged with second-degree charge of recklessly endangering safety along with battery/domestic abuse and disorderly conduct/domestic abuse. In that case, Thompson pleaded guilty to the first charge, and the other charges were dismissed.

• Back in Carlton County, Thompson faced new charges of third-degree assault and felony domestic assault filed in December 2016. He pleaded guilty to the third-degree charge, and the other charge was dismissed.

• In January of 2017, Thompson was charged with violating a domestic abuse no-contact order in Carlton County Court, a felony. He was sentenced to two years in prison, but the sentence was stayed for three years.