Melrose man faces attempted murder, assault charges | BrainerdDispatch.com | Brainerd, Minnesota

Melrose man faces attempted murder, assault charges

Posted: December 19, 2012 - 10:56pm

Gerardo Botello-Garcia, 23, of Melrose, was charged this week in Morrison County District Court with attempted murder and assault related to a shooting that took place on or about Saturday near Upsala.

Bottelo-Garcia was charged with one count of attempted murder in the second degree (with intent-not premeditated) and one count of assault in the first degree-great bodily harm.

After law officers were called to a home near Upsala, Samuel Bennett, 27, Sauk Centre, was found with a gunshot wound to the abdomen. He was reported to have been transported to St. Cloud Hospital. St. Cloud Hospital officials said Wednesday they had no information on Bennett.

According to the complaint the defendant said Bennett had asked him for a ride and at some point they became stuck in snow. The defendant said Bennett was outside the vehicle and pointing the gun through the open door at the defendant.

Botello-Garcia told law officers he put the car in reverse and hit Bennett with the door, knocking him to the ground. The defendant stated that Bennett again approached the car and pointed the gun at him. Botello-Garcia said in the complaint he then aimed his gun at Bennett and started shooting several times through the open passenger door. The defendant stated he was not sure if he hit Bennett with his shots.

Also in the complaint Bennett stated he had purchased methamphetamine from the defendant.

Bennett specifically denied that he had ever been hit by the door of the vehicle. In the complaint Bennett said he tried to roll out of the vehicle and was immediately shot by the defendant.