Minnesota BCA unlocks phone, finds video of Winston Boogie Smith's 2021 fatal shooting by US Marshals
ST. PAUL, Minn. — Footage of the fatal 2021 shooting of Winston Boogie Smith by U.S. Marshals task force members in Minneapolis has been obtained by the Minnesota Bureau of Criminal Apprehension after years of trying to unlock a cellphone.
U.S. Marshals Service Fugitive Task Force members fatally shot Smith, 32, while serving an arrest warrant atop a Uptown parking ramp on June 3, 2021. Smith was believed to be a felon in possession of a firearm, and was believed to have "tried to record or livestream a video" of the deadly encounter, the bureau says.
The case was originally passed from Hennepin County to the Crow Wing County Attorney's Office, which concluded later that year that the Marshals — none of whom were wearing body cameras — were "reasonable and justified" in using deadly force against Smith.
The case eventually led the U.S. Department of Justice to require U.S. Marshals and task force members to wear body cameras.
Unlocking the phone
Agents finally unlocked the phone on Nov. 21 following several unsuccessful attempts, the bureau says.
A year ago, the push to unlock the device was renewed after investigators discovered "another entity may have accessed the phone and found video," according to Drew Evans, the bureau's superintendent. He says unlocking software cracked the code after trying "more than 780,000 password combinations."
Evans says the bureau can't immediately release the video to the public because the Hennepin County Attorney's Office is re-investigating the case.
County Attorney Mary Moriarty released this statement on Monday morning:
"After accessing the video on Winston Smith's phone, the BCA immediately informed our office and provided it to us. It is currently under review. We appreciate the BCA's due diligence and promptness in sharing the video after it was recovered. We will communicate further updates as available."
Questions linger over who fired first
Task force members say Smith, a Black man, appeared to reach for something in his backseat as they attempted to break through his car windows to arrest him.
A woman who was inside the car during the shooting told investigators she never saw Smith's weapon, but law enforcement said a handgun and several spent casings were found inside the vehicle.
They also noted it was unknown whether Smith or task force members opened fire first.
Smith's death occurred about a year after the murder of George Floyd, with days of protests following in its wake.
It's unclear how long Hennepin County's review of the case may take.