State and federal officials are pursuing murder charges against a man accused of killing a Minnesota lawmaker and her husband. A federal case could potentially result in the death penalty.
Vance Boelter, 57, was arrested on Sunday for allegedly shooting and killing State Representative Melissa Hortman, a Democrat, and her husband, Mark, at their home in a Minneapolis suburb. The assailant, who reportedly posed as a police officer, also shot and injured Democratic State Senator John A. Hoffman and his wife, Yvette, at their residence nearby, and visited the homes of two other lawmakers earlier that morning.
The U.S. attorney’s office in Minneapolis has filed murder charges, which may carry the death penalty. State prosecutors have charged Boelter with second-degree murder and attempted second-degree murder, with plans to upgrade the charges to first-degree murder.
Boelter faces six federal counts, including two murder charges and two felonies for stalking the Hortmans, indicating he traveled across state lines or used interstate commerce to injure, harass, intimidate, or surveil them, causing fear or distress. Federal prosecutors allege Boelter took deliberate steps to research his victims, identified their home addresses, and purchased materials to impersonate a police officer. He is also charged with two counts of shooting—one for the Hortmans and another for the Hoffmans, both of whom are expected to recover.
Federal officials have not confirmed whether they will pursue the death penalty for the murder charges, although there has been encouragement from political figures to seek capital punishment when applicable.
State prosecutors have charged Boelter with two counts of second-degree murder for the Hortmans' deaths and two counts of attempted second-degree murder for the shooting of the Hoffmans. The Hennepin County attorney’s office plans to seek first-degree murder charges, which would likely carry a mandatory life sentence without parole. Prosecutors must present the case to a grand jury to elevate these charges.
Andrew Luger, a former U.S. attorney in Minnesota, indicated that the state and federal cases against Boelter are likely to proceed simultaneously. He noted that in high-profile cases, parallel prosecutions are not uncommon, serving as a safeguard against setbacks in the primary trial.
The timelines for the two cases may vary, particularly if the federal government opts to pursue the death penalty. Federal death penalty cases can extend over a year before going to trial, during which defense attorneys can present arguments against capital punishment.
On Monday, federal and state prosecutors conducted separate news conferences regarding their plans for Boelter’s prosecution. Although the Hennepin County attorney’s office and the U.S. attorney’s office in Minnesota have historically collaborated on cases, there may be tensions under the current administration.
In May, the Department of Justice initiated an investigation into how the Hennepin County attorney’s office considers race in plea deals and prosecutorial decisions, following a memo that instructed prosecutors to factor a defendant’s race into their case handling to address racial disparities. The office, led by Mary Moriarty, has stated it would cooperate with the federal investigation while maintaining the legality of its policy.
Legal experts suggest there could be underlying tensions between the two jurisdictions due to the political dimensions of the case.
Historically, the federal system tends to operate more swiftly and imposes harsher penalties. For instance, the perpetrator of the 2015 Charleston church shooting was first convicted in federal court and later pled guilty to murder charges in state court. Similarly, Derek Chauvin and other former Minneapolis police officers charged in the murder of George Floyd faced both state and federal charges.
Recently, Luigi Mangione was charged with both state and federal offenses related to the killing of a chief executive. Initially, the U.S. attorney’s office indicated the state prosecution would take precedence, but later developments suggested a potential expedited federal pursuit of the death penalty.