Radke says shooting of father-in-law was in self-defense

Posted: Thursday, February 12, 2009

Steven Radke claimed it was self-defense that led him to shoot and kill his father-in-law, Darrell Buesgens, on June 20, 2007, at Buesgens' rural Emily home.

The prosecution contends Radke, 39, who is charged with premeditated first-degree murder, planned to kill Buesgens by shooting him with a high-powered rifle because of a rift between the two men involving Radke's wife and the Radke children.

Testifying on his own behalf in his murder trial Wednesday in Crow Wing County District Court, Radke said he went to Buesgens' home because he wanted his estranged wife, Melanie Buesgens, and their children to come home. The two are now divorced.

Radke testified that on June 20, 2007, he arrived at Buesgens' home to talk to his wife. When Buesgens came home he hid on a hill near the house. When Buesgens, who was carrying a shotgun, got about 10-15 feet away, Radke shot him twice with a .308-caliber lever action rifle.

Steven Radke

Radke said it wasn't his intention to kill Buesgens. He said he believed if he hadn't shot Buesgens, Buesgens would have shot him.

"There was no way out of it now. I'm sitting on his property with a gun," Radke testified. "How was I going to reason with him? I was so scared, I panicked."

The state alleges Radke was upset with Buesgens for not letting him see his estranged wife and his children.

In cross-examination, Crow Wing County Attorney Don Ryan questioned why, if Radke didn't intend to kill Buesgens, did he not run away after his first shot staggered but didn't immediately kill Buesgens. Radke said he could have run but Buesgens still had his shotgun and he feared being shot.

Ryan also pointed out several discrepancies between Radke's statement to law enforcement and his testimony Wednesday.

Radke replied that differences between his statements to law enforcement officers and his testimony on the witness stand were due to his wanting to protect his wife or because he couldn't recall what had happened.

The criminal complaint, which was filed June 21, 2007, stated Radke made statements to law enforcement after his arrest that he shot Buesgens and was not proud of that. "He repeatedly said that he was sorry and did indicate that he had a plan," the criminal complaint said.

The complaint further stated, "Melanie Radke told officers that on the afternoon of June 20, 2007, she was at the residence with her father and her young children. They were all outside when they heard a gunshot but did not know where the shot originated. Darrell Buesgens directed them to all go inside the residence. He then obtained a shotgun and went back outside. Darrell Buesgens was then shot."

Jury selection began Feb. 3, followed by witnesses for the prosecution including Crow Wing County sheriff's deputies, Minnesota Bureau of Criminal Apprehension agents, a medical examiner and Buesgens' family members, including Melanie Buesgens.

Testimony concluded Wednesday and the jurors were dismissed until 9 a.m. Thursday, when Judge David Ten Eyck will give the jury instructions and then Ryan, followed by Radke's attorney, Gary Bryant-Wolf, will offer closing arguments.

MATT ERICKSON may be reached at matt.erickson@brainerddispatch.com or 855-5857.



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