St. Paul, MN (KROC-AM News) – The Minnesota Court of Appeals upheld the 261-month prison sentence that was handed down to an Owatonna man for a fatal shooting last year.
Mubarak Musse, 29, had asked the appeals court to overturn the conviction, arguing that the judge in the case abused his discretion when he denied Musse’s request for a waiver of the guidelines. the state in sentencing. The prison sentence of just over 22 years currently serving by Musse is actually at the lower end of the recommended sentencing range for second-degree intentional murder.
Musse pleaded guilty to the charge last November. He was charged with shooting and killing another man last March outside a popular Minneapolis market, where a surveillance camera recorded the fatal incident. The recording shows that Musse and the victim were involved in a physical altercation before Musse pulled out a handgun and shot the other man several times. Court records say the altercation began after Musse confronted the victim about the online cut in front of him at a teahouse.
A total of 15 spent casings were found at the scene. CCTV video showed Musse shooting the victim, then continuing to shoot him as he began to walk away. It also shows that Musse, after walking about four car lengths from the victim, returned to where the man had fallen on the pavement and shot him five more times.
The maximum sentence for the crime is just over 30 years in prison and the presumptive recommended sentence is 25 and a half years in prison. Musse had asked for a downward start to just 86 months behind bars, while the prosecution pushed for the maximum sentence.
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