Judge advances Ellingson murder case to trial

During a lengthy courtroom hearing on Tuesday, Dec. 6, the prosecution and defense argued for nearly four hours over whether the death of 18-year-old Cayler Ellingson was an accident, or intentional murder.

In total, four witnesses took the oath and delivered testimony at the Foster County Courthouse in Carrington, as each side argued its case in what was, at times, a contentious hearing.

After being accused of intentionally running over Ellingson on Sept. 18 in McHenry, Shannon Brandt, 41, was charged with murder and duty in accident involving death.

The objective of Brandt's attorney, Mark Allan Friese, was to convince District Court Judge Bradley Cruff that there was not enough probable cause for the charges against Brandt to stand.

In the end, however, Cruff sided with the prosecution, clearing the way for a jury to determine guilt or innocence at a later date.

"I certainly think it reaches the level of probable cause to believe that Mr. Brandt intended to drive his vehicle forward," said Cruff.

While arguing for Brandt's charges to stand, Foster County State's Attorney, Kara Brinster, placed emphasis on a statement from Brandt's call to 9-1-1, in which he said, "If it was a total accident, I wouldn't be scared, but I know it was more than that."

Brinster also focused on the autopsy results, which showed that Ellingson was lying down when he was run over by Brandt's vehicle.

"Shannon Brandt just kept driving over the top of him," said Brinster in her closing remarks, adding that Ellingson was "crushed to death."

Meanwhile, in Brandt's defense, Friese argued the murder charge was "trumped up" based on a false affidavit that suggested there was some kind of "political undercurrent," which Friese argues led to an unnecessary media frenzy.

Capt. Brian Niewind of the N.D. Highway Patrol has stated there is no evidence to suggest Ellingson was a Republican extremist, or that the collision itself was in any way politically motivated.

Friese also placed emphasis on a toxicology report showing that Ellingson had a blood alcohol content that exceeded 0.2 percent, 10 times the legal limit for a minor.

The defense suggested that because Ellingson was inebriated, it's possible he stumbled or in some way fell in front of Brandt's vehicle, thus explaining why he was in a prone position before being run over.

Friese also called Charles Anderson, a private investigator employed by the defense, to the witness stand. Anderson said there is zero evidence that indicates Ellingson was pursued by a vehicle or run over intentionally.

"None whatsoever," he said matter-of-factly.

Following Cruff's decision that the case could move forward, Brandt pleaded not guilty to both the murder charge, a Class AA felony, and the Class B felony charge of duty in accident involving death.

The judge did, however, grant a reduction in Brandt's bond from $1 million, which was set after his arrest for murder, to $500,000 cash or surety. The decision allowed Brandt to be released from jail with only $50,000, should he find a bondsman to post bail on his behalf.

Cruff made the point that bond is merely a tool to ensure defendants show up for their court dates, and that Brandt has strong family support in the area and had already turned himself in when charged with murder.

Court records show that Brandt posted bail on Thursday, just before press time. The conditions of Brandt's release stipulate that he must remain under house arrest with his location continually monitored via GPS at his own expense. He is also required to participate in the 24/7 sobriety program and not possess a firearm.

A trial date has not been scheduled.