Star Tribune
Minnesota Court of Appeals overturns Rochester man’s conviction after he threatened to kill online
ROCHESTER – A Rochester man convicted last year of felony threats of violence will see his court case reopened after the Minnesota Court of Appeals overturned his conviction Monday.
Kyle Ketterling, 63, was sentenced in June 2023 to five years probation after federal officials uncovered threatening posts he made between April and May 2022 on a conservative-leaning website called Gettr. Ketterling was charged with four counts of threats of violence and convicted on three of those charges.
According to court records, one of the charges stemmed from Ketterling’s post about threatening to kill members of the “deep state.” Other posts called for killing Muslims, various government officials, Democratic party leaders and even police if they tried to take his guns. He also advocated for revolutionary war and said he would join Russia’s side if it and the U.S. ever went to war.
“Some of my neighbors and I have a pact. If the government comes for any of us, the rest will unload on the government … from every direction,” Ketterling wrote in a post according to a criminal complaint. “They better bring a small army just for us.”
Court documents show he argued his posts were protected political speech and prosecutors lacked evidence he would carry out his threats, but the court disagreed.
In its decision, a three-judge appeals court panel noted most of Ketterling’s posts were political in nature. And at least one — the “deep state” post — was constitutionally protected speech because the “deep state” is a conspiracy theory at best, not a definable person or group of people.
“It is unclear what individuals, or group of individuals, if any, would fear violence as a result of this particular politically laden threat,” Judge Lucinda Jesson wrote in the panel’s decision.
Rochester police had prior exchanges with Ketterling, according to court records. Ketterling had emailed threatening messages in the past to local school board members as well as a local TV news station.
Yet, it was not too long into the presidential debate that night before Trump was talking about the town and spreading debunked claims about Haitians. “In Springfield, they’re eating the dogs. The people that came in, they’re eating the cats. They’re eating — they’re eating the pets of the people that live there.”
Sen. Ted Cruz of Texas and other Republicans posted mocking videos with kittens that went viral. Elon Musk also joined the social media frenzy.
The Haitians have filled jobs in manufacturing, distribution and other sectors and been welcomed by many employers. But the volume and pace of arrivals has put pressure on housing, health care and schools in the city, which is between Columbus and Dayton and had nearly 60,000 residents in 2020, according to census figures that year.
Estimates of the number of Haitians who have arrived range from 12,000 to 20,000.
“We can’t deny that adding 25 to 30% to our population in a three-year period would overwhelm services,” Rue said.
Gov. Mike DeWine announced this week that the state would provide Springfield with $2.5 million to ease strains on primary health care, and would deploy members of the state highway patrol to improve road safety. The mayor said that he was still hoping to receive federal assistance.
Through silent alarms, welding, retail screws and even duct tape, Twin Cities officials have tried more than a dozen solutions to prevent copper wire thefts his year. Some fixes shuttered criminal rings while others fell short, and as residents bear darkened streets ahead of a new law aimed at curbing the destructive and expensive schemes, the search continues for a foolproof fix.
Copper wire thefts first surged across the nation in around 2020. The value of copper skyrocketed to new highs that year, increasing to an average of $4.13 per troy ounce by this March, according to St. Paul officials. Thieves often strip wire from light poles along park trails and quiet streets, darkening miles of pathway before selling the metal to recyclers and scrapyards. Authorities have arrested and charged many thieves in response, often with recycling professionals’ help, but the problem continued.
“Streetlight wire theft has [brought] another problematic year. 2023 was also quite a challenge for us,” Minneapolis Project Manager Joe Laurin said. “We think the challenge with wire theft aligns closely with the value of recycled copper.”
Thieves stole copper wire from streetlights, homes, A/C units and electronic vehicle charging stations. Twin Cities men caused more than $10,000 in damage this year after posing as employees to steal copper wire from a tower outside Little Falls. Eagan authorities charged a former employee with stealing at least $4,000 in copper wire from the city. And residents in St. Paul believe wire theft led to the death of 64-year-old Steven Wirtz, who was struck by a vehicle while walking his dog Gunther along a path darkened by copper thieves.
Such damages cost Saint Paul $250,000 in 2019. That cost ballooned to $1.2 million last year, and the city’s Department of Public Works has received around 1,600 online reports of streetlights damaged by wire theft this year. Officials believe that’s an undercount because residents can also report wire theft through multiple departments across the city.
So far, Minneapolis thieves have stripped copper wire at a rate similar to last year. City officials spent at least $200,000 repairing broken lights this year, often near the lakes and West River Parkway. Between the cities, money spent repairing copper wire damage funded both short and long-term solutions.
Some lights poles are welded shut and electrified during the day to deter theft. Others feature silent alarms, and are being considered for solar energy or overhead wires. Less-thorough solutions include light pole panels that are secured by commercial screws and duct tape. Despite trying more than a dozen of such solutions, a permanent solution is elusive. .
“We have, within about the last nine months, reinstalled about 10 miles of underground wiring to the street lighting system,” Laurin said, adding that the city must replace more wire before the year ends. “There are some areas [where] the wire’s been stolen, we’ve restored the wire, and it’s been stolen again almost immediately. That’s happened in multiple locations, and sometimes as many as three times in the last year.”
Charges were filed against a 37-year-old man who allegedly shot another man after a fight at a homeless encampment in Minneapolis.
Ahmed Ali Abdi, 37, was charged in Hennepin County District Court with second-degree intentional murder and illegal gun possession in connection with the shooting of JaBraun Garron Hole, 33, of Minneapolis,on Aug. 19 in the 3300 block of S. 3rd Avenue.
Abdi, of Minneapolis, remains jailed in lieu of $1 million bail ahead of a court appearance on Monday. Court records do not list an attorney for him.
According to the criminal complaint:
Police were alerted to a shooting shortly after 5 p.m. after a fight broke out in front of an encampment and then moved down the street.
Hole was shot once in the torso. He was taken by emergency responders to HCMC, where he died that same day.
Officers found video that showed multiple men fighting about 5 p.m. in front of the encampment, then three men chased Hole to the sidewalk at the corner of E. 33rd Street and S. 3rd Avenue.
One of the men grabbed Hole, while others attacked him and chased him back toward the encampment. Abdi was nearby watching Hole and his pursuers.
