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The death of Zaria McKeever: Gov. Tim Walz intervenes to move juvenile murder case to AG Keith Ellison's office

Gov. Walz intervenes in Zaria McKeever murder case
Gov. Walz intervenes in Zaria McKeever murder case 02:36

MINNEAPOLIS – Minnesota Gov. Tim Walz intervened in the Zaria McKeever murder case Thursday, moving it out of the hands of newly-elected Hennepin County Attorney Mary Moriarty, and into those of Attorney General Keith Ellison.

Ellison announced Thursday he asked Walz to assign his office the case involving McKeever, 23, who investigators say was shot multiple times by a teenager last November inside her Brooklyn Park. 

Two brothers, ages 15 and 17, have been charged in her death. One of the teens has already pleaded guilty, while the other had a hearing scheduled for Friday.

Twenty-three-year-old Erick Haynes -- McKeever's ex-boyfriend, and the father of her infant child -- allegedly ordered the boys to do it. He is charged with second-degree murder. Two other adults are also facing charges.

Moriarty helped put together a plea deal that would have sent the boys to juvenile detention instead of prison. 

"I believe that this is the correct decision to make," Moriarty said in early March. "This was actually a domestic homicide that was orchestrated by an adult, who was the father of Zaria's 1-year-old child."  

On Wednesday, Ellison said that was the wrong call. 

"I agree with the family and the community that the disposition the county attorney has proposed for this juvenile who was the shooter in this heinous crime is inappropriate," Ellison said.

The next day, Ellison said he asked Moriarty's office to refer the case to his office, which he said "they declined to do." Ellison then asked the governor to intervene.

"The Governor's power under state law to assign criminal cases to the Attorney General has been used and should be used very sparingly, and I do not expect to make a request like it again," Ellison said in a statement released Thursday.

Ellison went on to say while he thinks too many juveniles are funneled into the adult criminal justice system, this case is different in his eyes.

"…the disposition of the juvenile shooter that Hennepin County has proposed in this case is disproportionate to the seriousness of the crime committed and falls far short of the family's and community's expectations for justice and safety," he said. "My office will pursue justice in all its aspects in the prosecution of this case."  

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Zaria McKeever CBS

In a statement released within an hour of Ellison's announcement, Moriarty called the move "unprecedented" and "deeply troubling." She also said it "should alarm prosecutors across the state."

Nick Kimball, the assistant county attorney and director of communications, also released this statement Thursday: "We know that the Attorney General wants retribution against this 15-year-old, but we believe our request for an initial juvenile sentence, along with the potential for a long adult prison sentence, give us the best chance to protect public safety by investing in rehabilitation while still having accountability."

Last month, the Minnesota Police and Peace Officers Association criticized Moriarty's move. In a statement released Thursday evening, executive director Brian Peters thanked Ellison and Walz for their intervention.

"This senseless act of premeditated violence must be met with an appropriate accountability to ensure justice for the family and provide a message that violence will not be accepted in our state," Peters wrote.

This is only the second time a Minnesota governor has ever done this. The last case was 30 years ago.  

McKeever's family reacts

Tiffynnie Epps, McKeever's sister, says a call came in Thursday from an unknown number. On the other end of the line was Gov. Walz, calling to say he reassigned her sister's case to Ellison.

"We were screaming at the top of our lungs when we heard," said Maria Greer, McKeever's mother. "It was just a breath of fresh air. You know, it was just like we were able to breathe a little bit right now."

McKeever's family says having Ellison take over as prosecutor is what they prayed for, and they say this is a victory that gives them hope for justice.

"We have our days where we don't feel hope, we don't feel like getting up," said Paul Greer, McKeever's stepfather. "We haven't really started the grieving process because we're having to fight every day."

RELATED: Zaria McKeever's family speaks out after teens charged in her murder not certified as adults

Moriarty had previously pointed to the science that says a young person's brain is not fully developed until the age of 25. 

"I have 10-year-old granddaughters, 12-year-old granddaughters," said Maria Greer. "They know right from wrong."

Paul Greer says his family doesn't "wish [Moriarty] any ill feelings." They just want justice.

"There's hope and there's hope for other people," said Maria Greer. "I hope this gives them hope."

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