A Woodbury police officer and a Washington County sheriff’s deputy lawfully used force when they shot a man who pointed a high-powered pellet gun that appeared to be a firearm at police, Washington County Attorney Kevin Magnuson announced.
In a memorandum to the Minnesota Bureau of Criminal Apprehension (BCA) dated Aug. 15,
2024, the Washington County Attorney’s Office determined that Officer James Stoffel of the
Woodbury Public Safety Department and Deputy Brian Krook of the Washington County
Sheriff’s Office were justified in the use of deadly force against 61-year-old Donald Eugene
Roche. The decision comes after prosecutors reviewed an extensive BCA investigation.
The use of force occurred after Roche pointed a 4.5 mm CO2-powered Crosman high-velocity
SNR357 pellet gun at officers. The pellet gun was designed to, and did, look like a firearm. The
manufacturer’s website states that it has the heft and feel of a Saturday Night Special and warns
that its misuse may cause serious injury or death.
According to the memo, Roche stole a wallet from a construction site in Oakdale, then used
stolen credit cards from the wallet to make fraudulent purchases at two stores in Woodbury,
including over $1,500 in fraudulent purchases at a Target store.
Police first encountered Roche as he walked from the Target store toward the vehicle he had
driven to the store. Officers attempted to arrest Roche, but they disengaged when they saw
Roche carrying what appeared to be a revolver. Roche retreated to his vehicle.
After Roche got into his vehicle, police set up a perimeter. Members of the Washington County
SWAT Team responded to the parking lot and attempted to negotiate Roche’s surrender for over
an hour. The negotiations were unsuccessful. Roche then got out of the vehicle carrying the
revolver.
Officers gave Roche verbal commands to put his hands in the air, but Roche did not do so.
Instead, Roche walked to the front of the vehicle while still holding the revolver. He pointed the
revolver at multiple officers. SWAT Team members attempted to gain Roche’s compliance by
deploying less than lethal rounds, some of which struck Roche. But Roche still did not surrender
or put his hands in the air.
Instead, Roche extended his right arm and pointed the revolver in the direction of the officers.
Officer Stoffel, fearing for himself, other officers, and innocent bystanders, fired two rounds
from his service rifle. One of the rounds struck Roche.
Despite being struck with a round, Roche remained uncompliant with police and took cover
behind the vehicle. Members of the SWAT Team approached Roche and ordered him to drop the
gun. Roche walked around the vehicle and toward Deputy Krook, who continued to yell at
Roche to drop the gun. Roche then began to move the revolver toward Deputy Krook, which
made Deputy Krook fear for his safety and the safety of nearby officers. Deputy Krook fired four
rounds from his service pistol at Roche, one of which struck Roche.
Officers then rendered medical aid to Roche, who was transported to Regions Hospital. Roche
was treated for his injuries before being released to the Washington County Jail.
Roche was charged with two counts of Assault in the Second Degree and one count each of
Financial Transaction Card Fraud and Burglary in the Third Degree. On July 18, 2024, Roche
pleaded guilty to both counts of Assault in the Second Degree. The length of Roche’s sentence
will be determined by the Honorable Siv Mjanger at a sentencing hearing on Sept. 30,
2024.During Roche’s guilty plea, Roche said police “had every right” to shoot him based on his
actions. Roche also said he had decided he wanted the officers to shoot and kill him because he
did not want to go back to prison.
“Mr. Roche intentionally threatened the lives of law enforcement officers to exploit their trained
reactions and compel the use of deadly force,” Magnuson said. “Fortunately, that force was not
lethal here, but the effects of being forced to react with deadly force can be very damaging to law
enforcement and their families. This ‘suicide by cop’ attempt is a reminder of the swiftly
evolving and unpredictably dangerous scenarios they face on a daily basis. I am grateful that
there are brave people who nevertheless take these significant risks to assist and protect us.”