Minneapolis man found guilty in 2016 Prior Lake murder case

Prior Lake American

A Minneapolis man was found guilty of eight felonies on Wednesday for his involvement in the November 2016 murder of Shakopee Mdewakanton Sioux Community member James Herron.

Derrick Zechariah Smith, 30, was found guilty of two counts of first-degree murder, one count of second-degree murder, four counts of first-degree robbery and one count of first-degree burglary. He’s set to be sentenced in January but is already serving a life sentence for another murder.

Smith waived a jury trial in March. While a jury trial is a constitutional right, it can be waived in favor of a bench trial, where a judge makes a finding instead of a jury.

Smith underwent his bench trial in April. First Judicial District Judge Christian Wilton made the ruling in the case on Wednesday.

Smith was one of four suspects charged in the murder of the 42-year-old Herron. A 29-year-old Minneapolis man, Tyrel Patterson, was sentenced in January to life in prison with eligibility for parole on two counts of first-degree murder, one count of second-degree murder, four counts of first-degree aggravated robbery and one count of first-degree burglary.

A 27-year-old Brooklyn Park man, Jonte Glenn Robinson, pleaded guilty in February to one count of second-degree murder. He is scheduled to be sentenced on Nov. 5 at 1 p.m.

A 41-year-old Minneapolis woman, Brandy Lee Jaques, pleaded guilty in November 2017 to second-degree murder. She is scheduled to be sentenced on Nov. 21 at 9 a.m.

The murder and trial

According to court documents, witnesses and police said the suspects entered the home of Herron through a sliding glass door and gathered the residents of the home and several visitors in the living room on the night of Nov. 23.

Herron’s friend, Jasmine Ristamaki, testified during the trial in April that she and other visitors were brought into the living room and ordered to lay on the ground. She said the suspects asked where Herron was and that another victim told them that Herron was sleeping in his room.

“I heard footsteps going down the hallway and I heard a gunshot and James (Herron) was screaming, ‘OK, OK!’” Ristamaki said.

The Bureau of Criminal Apprehension found blood stains on the pillows and TV and a bullet in the pillow in the master bedroom where Herron was sleeping, forensic scientist Lindsey Garfield testified.

Ristamaki said Herron was brought down the hallway and that the suspects had Herron lay on the ground. Ristamaki said a man in a mask asked Herron where money and drugs were and that she then heard another gunshot. She said she then heard the man in the mask count down from five before there was another gunshot and Herron made a “snoring” sound.

Robinson testified that his “job” was to keep an eye on the people laying down in the living room. He said Patterson shot Herron in the knee but that Robinson had run out of the house before he saw who fired the final shot. Robinson called 911 and reported the robbery, saying he didn’t want to be a part of it and that Smith had told him he would shoot him if he did not participate in the robbery.

The cause of death for Herron was determined as multiple gunshot wounds. Herron had a “contact gunshot wound” to his head that traveled through the midbrain, which regulates functions just above basic — meaning Herron could breathe and his heart was beating, but he was unable to move after he was shot in the head, Assistant Chief Medical Examiner for the Hennepin County Medical Examiner’s Office Owen Middleton testified.

The suspects eventually left the home, and Ristamaki said she hid in the garage until police arrived. She then came out and saw Herron on the floor, leaning against a chaise recliner.

Two Prior Lake officers who had been responding to a nearby alarm arrived on the scene. Former Prior Lake police officer Nicholas Elenz testified that he went inside the house and heard “gargling” in the living room, where he found Herron and began to administer first aid.

Jaques testified in the trial as part of her plea deal. She said she and Smith were friends but that she was afraid of Smith and that Smith had forced her to participate in the murder and robbery.

“He told me, ‘You’re not gonna make a fool out of me,’” Jaques said.

The other officer who responded, Christopher Schaefer, pursued a silver Buick he had seen fleeing the home as police arrived. According to court documents, the Buick went north on County Road 83 and then to Highway 169 north into Edina.

Eden Prairie police officer Brandon Carlston testified that he was able to stop the suspects’ vehicle. Once stopped, three suspects fled the vehicle on foot. Smith was followed by Carlston to a strip mall parking lot. Smith fired a shot at Carlston, who returned fire and shot Smith.

During the trial, Smith’s defense attorney argued that Smith had been forced to participate in the robbery and murder by Patterson. Patterson did not take the stand during the trial.

Jaques testified that Smith contacted her multiple times after her arrest through third parties and told her to blame the robbery and murder on Patterson.

In January 2018, Smith was sentenced to life in prison in Hennepin County District Court with the possibility of parole for first-degree intentional murder during an aggravated robbery and second-degree intentional murder for the October 2016 shooting death of 31-year-old Richard Ambers in Minneapolis.

“Defendants’ participation in this prior felony murder illustrates that Defendant had both the knowledge and intent necessary to be held liable for the current murder,” according to the ruling. “Defendant knew that someone could be killed during the commission of an armed robbery because he was involved in an armed robbery only twenty-six days prior where the victim was, in fact, shot and killed.”

Patterson and Jaques were also convicted in the murder of Ambers.

Smith will be sentenced on Jan. 22 at 9 a.m.