of Appellate Courts
Cathryn Middlebrook, Chief Appellate Public Defender, Roy G.
Spurbeck, Assistant State Public Defender, Saint Paul,
Minnesota, for appellant.
Swanson, Attorney General, Saint Paul, Minnesota; and Michael
O. Freeman, Hennepin County Attorney, Brittany D. Lawonn,
Assistant Hennepin County Attorney, Minneapolis, Minnesota,
evidence was sufficient to support the appellant's
convictions of first-degree premeditated murder and attempted
first-degree premeditated murder.
district court did not abuse its discretion when it limited
testimony about the dangerous nature of the location where
the shooting occurred.
postconviction court did not abuse its discretion when it
refused to review the nontestimonial portions of the
district court, on remand, should vacate the appellant's
convictions of three duplicative drive-by-shooting offenses.
Reginald Loving is currently serving a sentence of life
imprisonment without the possibility of release for his
conviction of first-degree premeditated murder for a shooting
that occurred at a Minneapolis gas station. In addition to
causing the death of one victim, the encounter also led to
two other convictions for Loving, both for attempted
first-degree premeditated murder, based on shots he fired at
two other individuals. We affirm these convictions.
case involves a dispute over an alleged $80 debt. Just a few
days before the shooting, Loving gave $80 to R.M. to
reimburse him for some items that Loving had allegedly stolen
from R.M. and his mother. Unhappy with making the payment,
Loving unsuccessfully urged R.M. to return the funds in two
separate telephone calls. When R.M. and Loving crossed paths
at an Old Colony gas station a few days later, the tragic
events of this case unfolded.
his brother, Gilbert Jordan; and their friend, L.I., arrived
at the gas station in a tan van. Loving, meanwhile, arrived
in a green Cadillac Bonneville sedan driven by his associate,
E.L. Loving and R.M. encountered each other briefly at the
pay window of the gas station, and though they may have
interacted, the men did not confront one another. In fact,
right after both men paid for their gas, they returned to
their vehicles without incident.
when Loving returned to the car, E.L. noticed that
Loving's demeanor had changed. According to E.L., Loving
had been "happy and cool" before encountering R.M.,
but "seemed nervous" and "agitated" when
he returned. Even though E.L. and Loving left together, E.L.
stopped and exited the car just one block from the gas
station because Loving was visibly upset and "it
didn't look like it was a good situation."
thereafter, Loving, now the driver of the green Bonneville
sedan, returned to the gas station, circled the gas-station
grounds, and then drove toward the tan van. When R.M. saw
Loving's vehicle approaching, he grabbed a gun, placed it
in his waistband, and jumped out of the van. L.I. and Jordan
followed R.M. from the van, but neither had a gun. As Loving
drove toward the group, he leaned out of the car and said,
"what is up with the money?" Loving then began
shooting at R.M., L.I., and Jordan, all of whom attempted to
take cover. Before they could do so, Loving fired at least
seven shots, one of which killed Jordan and several others of
which injured L.I. and R.M. R.M. never had an opportunity to
pull the gun from his waistband before Loving's vehicle
next day, police officers discovered a burning green vehicle
in north Minneapolis, which, according to a forensic
examiner, had unique characteristics that matched the green
Bonneville sedan observed in the surveillance footage from
the gas station. Later that same day, a witness saw Loving
with burns on his face and hands. The evidence at trial also
established that Loving called his ex-girlfriend the evening
after the shooting and told her that he had done something
wrong and that he needed to leave town. Two days later,
police officers arrested Loving for the gas-station shooting.
jury indicted Loving on six counts. Two of the counts,
first-degree premeditated murder, Minn. Stat. §
609.185(a)(1) (2016); and first-degree murder while
committing a drive-by shooting, Minn. Stat. §
609.185(a)(3) (2016), were for Jordan's death. The
others-two counts of attempted first-degree premeditated
murder, Minn. Stat. §§ 609.185(a)(1), 609.17
(2016); and two counts of attempted first-degree murder while