Jury finds Polk County man not guilty of attempted second-degree murder

Mar. 28—RED LAKE COUNTY, Minn. — A Fertile, Minn., man was acquitted Thursday, March 28, of attempted second-degree murder, first- and second-degree assault and stalking.

The trial began in Red Lake County Court on Monday, March 25, and on Thursday at 1:58 p.m. the jury returned its verdict.

Oliver Jon Berhow, 29, was accused of shooting Cody Landrus above his right eye with a 9mm handgun on November 8, 2021, according to a criminal complaint filed in the case. Following the shooting, Landrus was flown to a hospital in Fargo, placed in a medically induced coma and eventually had his right eye and part of his skull removed due to brain swelling .

Berhow was also accused of firing his gun at another man after shooting Landrus, and a separate case was filed with two related criminal charges. The charges were dropped Thursday, according to court documents.

When questioned by law enforcement after the shooting, Berhow said he shot Landrus because the man confronted him with a baseball bat, according to the complaint.

Law enforcement spoke with Landrus on November 23. He said Berhow shot him in the head, but denied hitting him with a baseball bat. Landrus said he approached Berhow’s vehicle and was shot. Berhow was also accused of stalking Landrus in the days before the shooting, accusing him and his friends of stealing Berhow’s firearms, the complaint states.

Additionally, Berhow had pointed a handgun at him about a week before the shooting, Landrus said. Berhow was charged with four additional crimes for the alleged incident in a separate case, but the charges were all dismissed Thursday.

Berhow was acquitted of four felonies, however, he was convicted of misdemeanor driving under the influence of amphetamine and methamphetamine.

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