By Tim Douglass

tdouglass@pctribune.com

Pope County Attorney Neil Nelson determined that the use of force by Pope County Law Enforcement officers was “justified and entirely lawful in the shooting that left Pope County Deputy Josh Owen and a suspect fatally shot after responding to a domestic dispute in Cyrus on April 15.

“After reviewing the Minnesota Bureau of Criminal Apprehension investigation into the officer-involved use of force incident on April 15, 2023, I have determined that the use of force by

Deputy Brody Merrill was justified and entirely lawful,” Nelson said in a statement released last week.  

According to the determination, Deputy Merrill discharged his department-issued firearm in response to the suspect producing a firearm, pointing it directly at Deputy Merrill, and ultimately discharging the firearm. In reviewing the body camera footage recorded by Deputy Merrill, Deputy Owen and Starbuck Police Officer Alex Olson, it appears that the officers were entirely unaware that the suspect possessed a firearm until he produced it when instructed to stand up to allow deputies Owen and Merrill to make a lawful arrest, according to Nelson’s determination.   “Deputy Merrill was left with no alternative but to discharge his department- issued firearm in response to the deadly threat he and Deputy Owen were faced with,” Nelson stated.  

“Deputies Owen and Merrill acted quickly and heroically to neutralize the threat and avert what could have been an even more tremendous loss to our community,” Nelson said.

In a news release at the beginning of the investigation, the BCA identified the suspect who fired at the deputies as Bryan Nygard 34, of Cyrus.  Nygard died from multiple gunshot wounds, according to the BCA, after officers Owen and Merrill returned fire.  Owen was shot three times during the exchange of gun fire and he fired his handgun during the incident.  Merrill fired his handgun and was struck once in the upper chest in the vest by a handgun round, the BCA reported.

The April 15 incident

Based on the initial BCA investigation, just after 7:30 p.m. on Saturday, April 15, Officer Olson responded to a domestic violence call at an apartment in Cyrus. Deputies Owen and Merrill responded after him. When they arrived, they entered the home and spoke to Nygard and a woman. After some initial investigation, they informed Nygard that he was under arrest. Nygard, who had been seated at a table, stood up, drew a firearm and began firing. Deputies Owen and Merrill returned fire. Officer Olson was in the hallway and did not fire. In the exchange of gunfire, all three officers and Nygard were struck. Nygard died at the scene. Deputy Owen was taken to the hospital where he later died. Deputy Merrill also went to the hospital where he was treated and released. Officer Olson sustained minor injuries and was not hospitalized. The woman living with Nygard had left the apartment before the shooting occurred and was not injured. 

BCA crime scene personnel recovered a pistol, bullets and cartridge casings at the scene. All three officers were wearing their body cameras and the BCA reviewed the video as part of the investigation. 

The Pope County Sheriff’s Office requested that the BCA investigate the incident.