Attorney: Drop teen's murder charge

The attorney for a Cloquet man who fatally shot his friend will ask the court to dismiss a third-degree murder charge.

William Gatton, defense attorney for 18-year-old Joseph James Fohrenkam, said he plans to file a motion to dismiss the charge against Fohrenkam for lack of probable cause during a hearing Monday in St. Louis County Sixth District Court in Duluth.

During Monday’s hearing, Gatton and prosecuting attorney Nathaniel Stumme agreed on a schedule for filing legal arguments on the dismissal motion. Gatton has until Oct. 8 to submit his brief and Stumme has until Oct. 22 to rebut.

Fohrenkam appeared in court in shackles, wearing a navy St. Louis County jail jumpsuit. He also faces a second-degree manslaughter charge. Fohrenkam has been in jail since his arrest in January on $400,000 bail.

According to the criminal complaint, Joseph Fohrenkam was drinking with four other young men on Dec. 27 last year in a parked truck outside a home on the 3600 block of Giiniw Road, on the Fond du Lac Reservation in St. Louis County. According to three witnesses who were interviewed by law enforcement, they were just drinking and talking, not arguing. Fohrenkam allegedly had a pistol, which he was “showing off” and “waving around.” At least two of the witnesses said they thought Fohrenkam may have hit his arm on the center console when he was handling it, causing the pistol to discharge.

Sixteen-year-old Joseph James Peterson was seated in the back seat. The bullet hit him below his left eye and killed him.

Gatton said he plans to use the Minnesota Supreme Court’s “State v. Coleman” case for the basis of his argument for dismissal. The case set precedent that a defendant is guilty of third-degree murder because they should have known it was eminently dangerous to others, and highly likely to cause death. Gatton will likely argue that his client did not see his actions as dangerous.

The penalties for the two charges also differ. The maximum sentence for third-degree murder is 25 years. The maximum for second-degree manslaughter is 10 years.

Gatton and Stumme also discussed which reports and interviews would be included. Stumme said he would file the entire body of discovery, “including every version of any statement we have.” This includes statements from witnesses.

Gatton had requested two witnesses come to court to testify Monday, but dropped his request for an evidentiary hearing.

Gatton will have the opportunity to respond to Stumme’s rebuttal. Judge Eric Hylden will take all arguments into consideration and issue a ruling on the motion within 30 days of receiving all briefs.