A man who confessed to killing a teenager he falsely accused of being associated with a "Republican extremist group" got a slap-on-the-wrist prison sentence after his murder charge was downgraded to manslaughter in the high-profile North Dakota case.
Earlier this month, 42-year-old Shannon Joseph Brandt was sentenced to just five years behind bars for the Sept. 18, 2022, slaying of 18-year-old Cayler Ellingson. District Court Judge Bradley A. Cruff handed Brandt the punishment on Sept. 8 after he pleaded guilty to the reduced manslaughter charge, a Class B felony that carries a maximum punishment of 10 years in prison.
In addition, Brandt received 356-days credit for time served, since he has been under home confinement for the past year, knocking almost a whole year off his prison stint. Plus, North Dakota's soft-on-crime 85% sentencing rule (§ 12.1-32-09.1) applies, which allows inmates convicted of violent crimes, such as murder and manslaughter, to be eligible for parole upon serving a little over three-fourths of the court-imposed sentence. That means, altogether, Brandt could spend slightly more than three years in prison. Brandt is "entitled" to the sentence reduction, as authorized by state law, the criminal judgment stipulates.
Brandt's Sept. 18 booking photo and Sept. 8 criminal judgment | Source: North Dakota Department of Corrections and Rehabilitation/Foster County District Court
Previously, Brandt was charged with murder, a Class AA felony, and faced life in prison without the possibility of parole.
At first, Foster County State's Attorney Kara E. Brinster only sought a charge of criminal vehicular homicide, which is punishable by up to 20 years in prison, against Brandt. But then, following GOP outcry over the prosecution's charging decision, the chief prosecutor increased the charge to murder, before ultimately dropping it back down to manslaughter prior to Brandt's guilty plea.
Brandt was set to stand trial starting May 30, but in the lead-up, as jury preparations were underway, the defendant accepted a plea deal on May 18. In exchange, the state agreed to dismiss an additional Class B felony charge of leaving the scene of a fatal accident. Under state law, Brinster was also seeking a "dangerous special offender" designation against Brandt, which could've extended his sentence to as many as 20 years in the slammer, designating the defendant as "especially dangerous" because he used a "dangerous weapon"—his car—to kill Ellingson. But, the guilty-plea arrangement called for the DA to abandon the categorization, to which she acquiesced. Now, Brandt could be behind the wheel within a few years; his driver's license will be suspended for only one year upon release from the maximum-security North Dakota State Penitentiary located in Bismarck.
Brandt's 2003 Ford Explorer used in the killing of Ellingson | Source: Foster County District Court
Though she agreed to lower the one charge, DA Brinster argued at Brandt's sentencing hearing that he intentionally ran over Ellingson. Instead of driving down an alley where the victim was walking, Brandt could have driven away, DA Brinster contended.
The two were attending a community-themed "street dance" in McHenry, a rural, desolate small town populated by 60-plus residents. There, at the "McHenry Days" celebration, Brandt mowed down the teenage boy in an overnight hit-and-run fatality.
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Despite conflicting reports, both the prosecution and the defense chalked Ellingson's death up to a drunken dispute that turned deadly rather than a politically-motivated murder, as a North Dakota Highway Patrol (NDHP) trooper indicated in a sworn affidavit.
The state trooper alleged in a series of probable cause statements that based on 911 radio logs, an intoxicated Brandt, the reporting party, admitted to hitting Ellingson with his car and claimed "the pedestrian was part of a Republican extremist group."
According to the NDHP trooper's affidavit, Brandt fled the scene of the crime and returned shortly around 2:55 a.m. to call for an ambulance to come "immediately," but did not stay put until law enforcement arrived. Instead, he drove to his residence in Glenfield, a 12-minute drive from McHenry, where he was eventually arrested for driving under the influence (DUI). Brandt drank "10 to 13 beers at the bar prior to the crash," court documents allege, and a chemical breath test revealed he was above the legal limit. Interrogated outside his house, Brandt said he struck Ellingson over "a political argument," the NDHP trooper attested.
I've obtained a search warrant and criminal complaint that say Brandt failed to render aid to the dying teen who was found slain in an alleyway, fled the fatal hit-and-run crime scene, and returned to his residence in a different city where he was later arrested. pic.twitter.com/EDIo5LdW5H
— Mia Cathell (@MiaCathell) September 21, 2022
Brandt's defense attorney Mark Friese said that the state trooper "erroneously" characterized the late-night conflict, causing "an uproar" nationwide. "This wasn't about politics at all," Friese said, maintaining that Brandt had merely misinterpreted the situation.
According to a 19-page transcript of the 911 call Brandt made post-car crash, as well as audio of the roughly 17-minute recording Townhall has obtained, Brandt told the 911 operator: "I couldn't get [Ellingson] away from me, and he was threatening me. He was saying something about some Republican extremist group, saying, 'I thought he was part of us.' He was calling other guys to come get me. And, I couldn't get out of town, and I just wanted to get out of here. I was scared. I never meant to hurt him..."
"[Ellingson] was babbling some of this extremist bullshit that they talked today, you know, with either party," Brandt went on, reiterating to the State Radio telecommunicator: "He was threatening me with something to have to do with—something with an extremist Republican group. And then, he made a phone call. He made a phone call, saying, 'I thought he was Republican [inaudible] or something. You're going to have to come here and handle him.' I got scared to death. I didn't know what to do."
Photographic evidence of the crime scene provided to Townhall via public records request shows black-and-white images taken via drone footage of the countryside "gravel" alleyway where Ellingson was slain; a photo of Brandt's dark 2003 Ford Explorer, which had "little to no damage" to its front, except for some small cracks in the driver's side grill; and a picture of Ellingson's cell phone recovered on-site, depicting a failed call to "Mom." As part of the investigation, Ellingson's cellphone data was downloaded for inspection, and according to a state Bureau of Criminal Investigation (BCI) special agent's affidavit in support of probable cause, investigators confirmed that the teen only received and placed calls to his parents between 2:00 a.m. and 2:42 a.m.
NEW affidavit reveals details of the 911 call Shannon Brandt made:
— Mia Cathell (@MiaCathell) October 3, 2022
"Am I going to prison?"
"I him him. I didn't mean to...but he's subdued. He can't do anything to me now."
"Jeez obviously if it was a total accident I wouldn't be scared but I know it was more than that." pic.twitter.com/F19LgPFvW4
At approximately 2:27 a.m. that morning, Ellingson called his mother, saying that Brandt said he knew who his parents were. While his parents knew Brandt, the teen—recently graduated from high school—did not, Ellingson's family told authorities. Ellingson dialed her again around 2:34 a.m., contemplating on calling his cousins or "posse," court records describe. She said he didn't need to do that and headed to retrieve her son. On her way to pick him up from McHenry, his mother received another call about 2:42 a.m. from the teen, stating something to the effect of "he" or "they" were chasing "after" Ellingson. Then, the call dropped and that was the last time she spoke with her son. Afterwards, there were no other incoming or outgoing calls logged.
Along with a first responder, Ellingson's parents soon found their child left dying on the dirt path.
Ellingson's final phone call | Source: Foster County District Court
On the phone with 911, Brandt insisted that Ellingson was in pursuit of him.
"I was trying to escape him. He wouldn't let me leave," Brandt claimed. That's when Brandt alleges that Ellingson "got" onto the hood of his vehicle. Asked to clarify, Brandt admits: "Well, he didn't—he didn't jump. He got in front of my—He would not let me leave. He got in front of my vehicle. I guess I wouldn't say that. That was inaccurate. I'm sorry." Continuing, Brandt said, "I just tried to take off, and he wasn't going to let me go. I hit him. I didn't mean to. And, he's subdued...He can't do anything to me now."
Investigators considered Brandt's comments an admission it was "intentional" and "not an accident." An autopsy report found that due to the manner of injuries Ellingson succumbed to, he was on the ground, not in a standing position, when fatally injured.
Ellingson was clinging to his life, audibly groaning incoherently in the background of Brandt's call to emergency services, his legs "bent in odd ways" on the dirt road and upper body in the grass surrounding the rural street. Blood was pouring out of his mouth.
"He's not going anywhere. Trust me," Brandt told the 911 dispatcher when asked if Ellingson is still in the same spot.
Between mumblings of "Oh, God" and "Oh, crap," Brandt questioned the 911 operator: "Am I going to prison?" The dispatcher replied, "Well, we're not worried about that at this point," emphasizing that it's a medical emergency. Scoffing, Brandt responded: "Well, well, well, you aren't worried about it." At different points in the phone conversation, Brandt said, "[Be]cause God's sake, I don't want to go to prison. I don't want him dying," and "Oh, God. I almost just run [sic] away, but I thought, 'Jeez,' you know."
"If it was a total accident, I wouldn't be scared, but it was more than that," Brandt ominously said.
Scene of Ellingson's slaying | Source: Foster County District Court
"If Mr. Brandt was so scared, he could have just left town," DA Brinster said, according to the Fargo-based InForum. Ellingson's relatives also questioned why Brandt didn't reverse his vehicle as opposed to driving it forward if he was purportedly fearful.
DA Brinster stated that Brandt had a proclivity for violence and impulsiveness, citing incidents wherein the defendant violently attacked people in the past, including a number of bar fights. However, Brandt's violent episodes were never reported to police.
"He is absolutely not the monster he is being portrayed to be," Friese countered, disputing that Brandt has a violent nature. The threat that Brandt felt the night of Ellingston's killing was real to him, the defense lawyer said, arguing that Brandt has been diagnosed with autism. Thus, Brandt doesn't process events normally or always communicate clearly, Friese said.
A pre-sentence investigation (PSI), which involved a mental health examination that the court ordered to draft a recommended sentence, determined that Brandt does not have normal thought-processing skills. (District Court Clerk Danielle Koepplin told Townhall that the PSI report and addendums, including amended criminal history, are sealed documents and "not public.")
At trial, Friese planned to present evidence of Brandt's autism spectrum disorder (ASD) diagnosis. Friese also was positioned to call on Brandt's parents, whom the defendant reportedly called multiple times claiming Ellingson was threatening him, to testify that he was "terrified, beyond any level of fear they had observed in him over 42 years," per the defense's brief filed in the case.
The defense alleged that Ellingson has displayed bullying behavior as well as "aggressive or instigative conduct." In response, Ellingson's family said the defense's accusations made against the teenager were "baseless" and a form of victim-blaming.
Friese suggested in his pre-trial brief that Brandt is a victim as well.
North Dakota broadly defines a victim as someone who "suffers direct or threatened physical, psychological or financial harm" as the result of a crime. Based on its own independent investigation, the defense claimed Ellingson threatened to call "members of an extremist group to harm" Brandt, Friese's brief says, further alleging that Brandt was threatened with physical harm.
To date, no evidence has surfaced substantiating Brandt's allegation accusing the college student of ties with Republican extremism. NDHP Captain Bryan Niewind said the facts of the case do not bolster Brandt's claims that Ellingson was a Republican extremist or called anyone to come "get" the motorist. "The North Dakota Highway Patrol has not uncovered any evidence to support that claim that was made by Mr. Brandt,” Niewind said. "There is nothing to corroborate that."
At sentencing, two families, once family friends, sat on opposite sides of the courtroom—some hoping for justice, others leniency.
Ellingson's family members asked Judge Cruff to impose the maximum penalty possible of 10-years incarceration, fearing that Brandt would go on to commit another violent offense if not given a strict punishment. "Shannon, you took a piece of our life that is not replaceable," the victim's mother, Sheri Ellingson, said, stating she despises Brandt for believing he had the right to kill him. "Your selfish act took an innocent life," she told Brandt. His father, Cole Ellingson, commented: "I just hope justice is done."
Meanwhile, DA Brinster asked for the five-year prison sentence and Friese requested 18 months of prison time for his client, asserting that Ellingson's death was an accident. Judge Cruff agreed with the defense counsel, determining that Brandt struck Ellingson with his SUV, tried to go around, and accidentally ran over the teen. "You recklessly killed him," Judge Cruff said.
The judge called his actions a "significant overreaction," comparing Brandt to a powder keg, with alcohol being the "spark" that sets him off. "To sum it up, but for your drinking, you wouldn't be here this afternoon, and Cayler would be alive," Judge Cruff said. "You added that spark or open flame to yourself." It's clear that Brandt should not have been drinking due to his prescription medications and history of alcohol abuse, Judge Cruff assessed, wishing that he could ban Brandt from drinking permanently.
In a brief statement to the court, Brandt apologized, maintaining that he never meant to hurt anyone.
"I'm very sorry to the Ellingson family, my family, and anybody else who has been affected by my actions. I've always enjoyed seeing the Ellingsons and would never have intentionally caused harm to any of them. I'm truly devastated by the impact this has had on the entire community and I've learned a lot of hard lessons as a result," Brandt said in a monotone voice.
"I'm here to take responsibility for my role in this tragedy," Brandt added.
Sheri Ellingson said she could never forgive Brandt for killing Cayler. "You're nothing in my family's eyes and never will be. There will never be forgiveness for you and your family and we will never forget," Ellingson's mother declared. "Shannon, I hope you feel guilt and uncertainty the rest of your life. I hope your mind never allows you peace, because you don't deserve happiness."
Ellingson had just graduated high school in Carrington the spring before he was killed. In the fall of 2022, a month out from his death, Ellingson started college in Bismarck, studying diagnostic medical sonography to become an ultrasound technician.
A year ago, Townhall was the first to report that then-suspect Brandt was quickly released from a local detention facility, freed on $50,000 bond two days after killing Ellingson. Bailed out, Brandt was let back on the streets, pending his next court appearance.
Jail confirmed to me that Shannon Brandt, who reportedly confessed to killing a North Dakota teen because the 18yo victim was "part of a Republican extremist group," posted bond and is back on the streets.
— Mia Cathell (@MiaCathell) September 21, 2022
Since his release, it appears Brandt started scrubbing his social media. pic.twitter.com/HAIbprHPpP
At his first Sept. 19, 2022, bond hearing, where he said he doesn't understand the charges he's facing, Brandt pleaded in a jail uniform: "I have a job, a life, and a house and things I don't want to see go by the wayside—family that are very important to me."
Additionally, Brandt began to ask "how long this whole proceeding would" take.
Read my @townhallcom report about alleged killer Shannon Brandt's quick release from jail just two days after he confessed to mowing down a teen he accused of being a "Republican extremist."https://t.co/kaYrvZhIGL
— Mia Cathell (@MiaCathell) September 21, 2022
DA Brinster requested the $50,000 bail and 24/7 sobriety testing during Brandt's pre-trial release. "Yes, $50,000 and a bracelet," Brandt affirmed, agreeing to the placement of a SCRAM Continuous Alcohol Monitoring bracelet, like a breathalyzer for the ankle.
At the bond hearing related to Cayler Ellingson's murder, State's Attorney Kara Brinster recommended to the court $50,000 bail and 24/7 sobriety monitoring during Shannon Brandt's release from jail.
— Mia Cathell (@MiaCathell) September 23, 2022
Brandt, now freed on bond: "Yes, $50,000 and a bracelet." pic.twitter.com/zbewc6QuW5
A week later, charged with murder, Brandt was held on $1 million bond. At the follow-up Sept. 30, 2022, bond hearing, Brandt's lawyer called the previous amount "an extraordinarily large bail." Friese said it's been a "very emotional and stressful" time for Brandt, who lost his job as a welder at a machine shop "because of this," the case. "This is a highly contested, highly disputed set of factual backgrounds—set of background circumstances—and I fear some of the decisions, and some of the arguments that are being advanced, are influenced by misplaced public commentary that has happened in the aftermath," Friese contended.
Given the final word to petition for a higher cash bond, DA Brinster told the judge: "Mr. Brandt ran down a young man with his car and ran him over while he was already on the ground. At any point, he could have hit reverse. He was in a car, and that young man was on foot. Everything about this screams intentional, and at this time, a million dollars seems very appropriate."
Brandt was back home after posting bond, which the judge reduced to $50,000 cash, on Dec. 8 with 24/7 monitoring, awaiting trial out of in-jail custody. And, on May 1, the upgraded murder charge was amended to the lesser charge of manslaughter.
The now-nixed trial, which was expected to last nine days, had moved almost three hours away to Richland County's city of Wahpeton situated on the border between southeast North Dakota and Minnesota, because trying the case in close-knit Foster County would have been difficult to find a jury that would've treated Brandt fairly, Brinster said of the need for a venue-change.
Ellingson and Brandt both have immediate and extended family from Foster County's population of less than 4,000. "The parties agree nearly every single eligible juror will be related to or directly acquainted with one of the involved families, or alternately will be closely acquainted with someone who is related or directly acquainted with those involved," a court agreement for the location change says. "The incident and resulting discussions have been polarizing within the community. Due to [the] small population and case circumstances, the parties agree the likelihood of empaneling a Foster County jury is most likely impossible."
Of that fateful fall night, "We don't know what happened on that roadway, but what we do know is that Cayler Ellingson was on his back when he was crushed to death," DA Brinster said as the case was green-lit in December to move forward to a jury trial.
Friese firmly refuted the belief that Ellingson's street killing was an act of political violence: "This was all trumped-up charges based on false affidavits submitted to the court suggesting that there was some political undercurrent, and that has taken off to the point where the prosecution rushed to make a decision to charge Mr. Brandt with intentional homicide," Friese fired back.
In a statement to Fox News Digital, the attorney called for the NDHP trooper who filed the first affidavit to be fired.
"If I were the state patrol supervisor—that the patrolman who filed that false affidavit, that is an affidavit under oath. It's made under oath, under penalty of perjury, and nobody seems to care. I would have fired him. You can't have a dishonest police officer filing—this thing caused a firestorm," Friese said. Seemingly splitting hairs, Friese claimed that "contrary to the initial probable cause affidavit, Mr. Brandt never stated" explicitly that Ellingson was part of a Republican extremist group. "[T]he actual report was that in conjunction with threats directed to Mr. Brandt, the decedent was threatening to call extremists to hurt Mr. Brandt," Friese wrote. In other words, Friese postulated that Brandt never directly called Ellingson a Republican extremist, but was allegedly threatened with "something to have to do with...an extremist Republican group," as Brandt purportedly believed.
"I'm just hoping there's a measure of accountability [...] There's been no apology to my client. There's [...] been no apology to the public. There's been no discipline for the people who were submitting these false affidavits," Friese wrote in his comment.
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