Brandt's murder charge reduced to manslaughter

Shannon Brandt, the man accused of running down and killing a teenager last year, now faces a less severe charge.

On Saturday, April 27, Foster County State's Attorney Kara Brinster filed a motion to reduce the Class AA felony murder charge against Brandt to a Class B felony charge of manslaughter.

Following that motion, Brandt's defense attorney, Mark Friese, unsurprisingly filed a short brief saying they don't oppose the reduction, and on May 1, District Court Judge Bradley Cruff made it official.

Brandt, 42, is accused of running over and killing 18-year-old Cayler Ellingson following a street dance in McHenry last September.

In the wake of the tragedy, Brandt was originally charged with vehicular homicide, a Class A felony, before that charge was later upgraded to murder. Now, it's only manslaughter.

Brandt is also facing a Class B felony charge of duty in accident involving death.

State's Attorney Brinster did not cite a reason for requesting the manslaughter charge in her motion, and in an email response to the Independent said she could not comment "due to the active and ongoing investigation."

The amended criminal documents now state, in part, "The defendant recklessly caused the death of another human being and in the course of committing such offense the offender inflicted or attempted to inflict bodily injury upon another ..."

The reduced charge means the prosecution only needs to prove that Brandt "recklessly" caused Ellingson's death, likely an easier case to prove than intentional murder.

However, that also means Brandt is no longer facing life in prison without parole – the maximum penalty for Class AA felony murder in North Dakota.

Instead, the maximum penalty for each Class B felony charge is 10 years imprisonment, a fine of $20,000, or both.

If found guilty, the minimum punishment Brandt could face is four years in prison. He would also have to serve no less than 85 percent of his sentence before being eligible for parole.

Brandt's trial has been scheduled to start May 30 in Wahpeton, and is slated to last as long as two weeks.

Brandt posted bond on Dec. 8 of last year and is awaiting trial under house arrest. He is considered innocent unless proven guilty.