Plea deal in Mpls gas station shootout caught on video leaves victim outraged

MINNEAPOLIS (FOX 9) - The teenage gunmen who put innocent lives in danger when they opened fire at a 24-hour Northeast Minneapolis gas station earlier this year, will not be going to prison, but instead, the 17 year olds are headed to juvenile detention facilities after agreeing to plea deals with the Hennepin County Attorney’s Office this week.

The decision to keep the case in the juvenile justice system rather than transferring it into adult court drew frustration from one of the victims caught up in the barrage of gunfire early on the morning of February 28.

"We replaced the window, you know, still got structural damage there," Joe Babineau told FOX 9’s Paul Blume as he showed off the damaged, bullet-riddled car he is still driving nearly three months later. "I feel pretty safe in this car, knowing that the one bullet went through and did not penetrate anything."

In gas station surveillance video obtained by FOX 9, you can see Babineau accelerating through the gunfire. His 2016 Ford Fusion was hit from all angles while his friend suffered a gunshot wound to his foot.

Authorities say it started with a stare down in the glass entryway — and continued out by the gas pumps.

"They are brandishing guns, they are out to kill people," Babineau said. "And, like I said, they fired at me. I had nothing to do with their little skirmish."

From the outset, Babineau demanded the young shooters responsible for the panic and chaos face the stiffest consequences, including the potential of prison.

"They need to start putting serious offenders away," Babineau explained to Blume during an interview at his home.

After FOX 9 obtained the shootout video earlier this year, Hennepin County Attorney Mary Moriarty called it "horrific" and told Blume, her juvenile prosecutors would look into handling the case in adult court.

"If it appears that the only way we can keep the public safe is by certifying these young people and possibly sending them to prison, we will do so," Moriarty said at the time. "Because they are 17 years old, in this particular case, we would have very limited jurisdiction over them if they were to stay in juvenile court."

Ultimately, Moriarty’s team allowed both shooters to plead guilty and stay in the juvenile system even though court records show probation recommended trying one of the teens in adult court. Both are just months shy of their 18th birthdays and both have prior cases as teen offenders.

Moriarty’s office provided the following statement about the prosecutorial decision-making in the case:

"Gun violence is a major issue we are dealing with across the metro area, especially among young people. That is why we started a Youth Group Violence Intervention initiative, an evidence-based strategy that brings together law enforcement, social services, and community, that has proven to be successful in preventing gun violence tragedies like the one that occurred in this case. It was clear based on the extensive evaluations done of these two youths that interventions available only in the juvenile system give us the best chance of protecting the public and holding these kids accountable in a meaningful way."

"So, where is the justice in all this thing," asked Babineau, who expressed sympathy for one of the defendants.

But he was otherwise outraged when the teen who fired first, admitted in court, he was out to kill a rival that night.

"This wasn't like throwing rocks at a person, explained Babineau. "I got shot at in my car. You know, the other kid got shot in the chest. My friend got shot in the foot. I mean, how much more serious can you get unless somebody would have died?"

The teen who opened fire first that night pleaded guilty to second-degree attempted murder. The second gunman pled to lesser assault charges.

Neither teen is going home. They will remain locked up in juvenile detention center facilities where they will receive rehabilitation programming under what is known as extended jurisdiction juvenile or EJJ, meaning through their 21st birthdays. If either messes up, they both have adult prison sentences of 12-plus years hanging over their heads.