The Official Newspaper for Foster County

Shannon Brandt charged with Class AA Felony Murder, bail set at $1 million

Posted Friday, Sept. 30 at 2:20 p.m. CDT

On Friday, Sept. 30, Shannon Brandt was arrested and charged with Murder, a Class AA Felony.

After an alleged hit-and-run on Sept. 18 in McHenry, N.D., which resulted in the death of 18-year-old Cayler Ellingson, Brandt was charged with criminal vehicular homicide and leaving the scene of a fatal crash.

According to a Sept. 30 press release from Foster County State's Attorney, Kara Brinster, Brandt's original charge of criminal vehicular homicide was dismissed, and has now been replaced with Murder.

The change comes after an investigation by the N.D. Highway Patrol and Bureau of Criminal Investigation, as well as an autopsy.

"Based on the additional information provided by these agencies, the Foster County State's Attorney has filed a Criminal Information charging Shannon Joseph Brandt with Murder, a Class AA Felony," the press release states.

The maximum penalty for a AA Felony in the state of North Dakota is life imprisonment without the possibility of parole.

Brandt turned himself in after a warrant was issued for his arrest, and he was booked at the Stutsman County Correctional Center Friday morning. At 11 a.m. that day, he appeared before Judge Daniel Narum via Zoom for a public bond hearing.

Erik Gjovik was the only media representative who attended the hearing, representing the Foster County Independent and the New Rockford Transcript.

Brandt's attorney, Mark Allan Friese, was already expressing concerns about a potential jury trial at the Friday hearing, saying the jury could be influenced by "misplaced public commentary," as there's been a "disregard for the presumption of innocence."

He added, "The facts are disputed, debatable."

Friese argued for a bond of $500,000 or surety for his client, as he pointed out that Brandt does not have a significant criminal history, has strong family support and turned himself in.

State's Attorney Brinster argued the bond should be set at $1 million, saying, "Everything about this screams intentional, at this point $1 million seems appropriate."

"At any point, he could have hit reverse," she added.

Judge Narum agreed with Brinster, and set Brandt's bond at $1 million cash.

Also at the hearing, further details were revealed about the gruesome events of Sept. 18.

According to Brinster, Ellingson was on the ground in a prone position when he was struck and killed.

An Affidavit filed with the Southeast Judicial District on Friday says that according to autopsy results, "the nature and manner of injuries that C.E. received indicated that C.E. was on the ground when he received those injuries."

Therefore, the victim's injuries were caused by being run over, not from being struck by Brandt's vehicle, the affidavit adds.

The affidavit also paints a more clear picture of the events leading up to the alleged murder.

According to the document, the last call Ellingson's parents received came at 2:42 a.m. on Sept. 18, when he told his mother "something to the effect of they are after me or he is after me."

The phone call eventually dropped, the affidavit states, and there were no other incoming or outgoing calls thereafter.

In a 911 call after the incident, the affidavit quotes Brandt as saying, "Yes I I just tried to take off en, he he wasn't going to let me go, I I hit him I didn't mean to and he's subdued. I was scared to death but he's subdued, he can't do anything to me now so, so this is why I'm calling you."

He's later quoted as saying, "I almost just run away but I thought jeez obviously if it was a total accident I wouldn't be scared, but I know it was more than that."

The criminal information filed against Brandt alleges he intentionally fled from the scene and didn't immediately call for assistance or render aid to the victim.

The investigation is still ongoing, and law enforcement are encouraging anyone with relevant information to contact the Foster County Sheriff’s Department at (701) 653-2251.

Brandt is considered innocent unless proven guilty.

 
 
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