WEST FARGO, ND — Prosecutors say a West Fargo Teacher will not face charges after fatally shooting a man in self-defense.
The decision to not charge Donald Barron in the shooting was made public in a memorandum released to WDAY Radio. The August 17th shooting was detailed in the document, which describes 25-year-old Austin Strom attempting to gain access to Prairie Heights Church. Strom was confronted by 66-year-old Kent Hodges, who recorded the incident. Authorities say the cell-phone video ends when Strom attacked Hodges.
Barron was parked in a nearby parking lot when the attack began according to authorities. Sometime during the altercation, Barron drove to the fight, exited the vehicle, and yelled “What the f**k are you doing?”, commanding for Strom to get to the ground. After approximately two minutes of dialogue, Strom began to advance towards Barron. The following is described in the report, and is shown on dashcam video from Barron’s vehicle.
Eventually, Strom told Barron, “I fear no one” and advanced towards him. Barron replied, “Stop. Stay back.” Strom continued towards Barron and repeated, “I fear no one”. The two parties move into the view of the dash camera at the front of the car. Strom continued advancing on Barron who repeated “Stay back. I’m going to shoot. I’m going to shoot.” The video showed Strom had his hands raised and he determinedly walked towards Barron. Barron continued moving backwards with his outstretched hands holding his handgun. Strom closed the distance to a couple of feet and Barron fired one round into Strom’s chest. Strom collapsed to the ground and died. – Excerpt from the Memorandum sent by the Cass County State’s Attorney’s Office
Investigators say Barron removed the handgun from his firearm and called 911 immediately after the shooting took place. Police arrived a few minutes later. Barron told police he was a member of the U.S. Concealed and Carry Association, and voluntarily gave access to his cell-phone and dash-cam.
Authorities say Barron reason to believe Strom was going to harm him after the initial confrontation between the assailant and Hodges. In addition, the Cass County State’s Attorney’s office states Barron went beyond what North Dakota law requires him to do, and retreated several feet from his initial position. Below is the conclusion to the memorandum.
Loss of life in our community is always tragic and it is natural to wonder if it could have been avoided. The legal question for the State’s Attorney’s Office, however, is not whether Strom’s death could have been avoided but can self-defense and defense of others be disproven beyond a reasonable doubt. Barron had no legal duty to retreat, and North Dakota law provides the right to use deadly force to defend oneself and others against the danger of death, serious bodily injury, or the commission of a violent felony. Under the facts and circumstances of this case, the State is unable to disprove, beyond a reasonable doubt, that Barron was not acting in lawful defense of self and others. – Excerpt from the Memorandum sent by the Cass County State’s Attorney’s Office
Hodges received several injuries from Strom, including a lower-jaw tooth being knocked out and several loosened teeth on the top and bottom from being kicked in the face. Hodges also received several cuts to the face and required stitches. Toxicology reports show Strom had THC in his system, and had 25 THC vape cartridges in his vehicle. Barron was uninjured in the confrontation.
