Man Charged in Home Invasion Shooting Pleads Guilty

David Allen Pettersen Photo: Courtesy of Watonwan County
David Allen Pettersen

May 04, 2017 05:35 PM

A Madelia man who was charged with manslaughter after shooting a home invader who was fleeing his home pleaded guilty to intentional discharge of a firearm on Wednesday, according to court records.

David Allen Pettersen, 65, was charged with manslaughter in January.


By entering a guilty plea to intentional discharge of a firearm, the manslaughter charge will be dismissed at the time of his sentencing.

Pettersen's jail time will be determined by the court. His sentencing hearing is scheduled for July 11.

RELATED: Homeowner Charged with Manslaughter in Watonwan County Home Invasion

According to the criminal complaint, Pettersen called 911 to report he had fired a handgun at a vehicle leaving his property after an attempted burglary.

He told the dispatcher the car got stuck in his driveway after he fired, but it left shortly after.

The sergeant responding found the vehicle with three occupants: Kyle Thomas Nason, Embertson and Cornelius Ayers, Jr.

The sheriff's office reported Nason appeared to have broken his ankle, and Embertson was unconscious. An ambulance was sent to the scene, and Embertson was pronounced dead at the hospital.

Nason and Ayers told an investigator they were casing Pettersen's home for a future burglary and had checked all the doors, which were locked.

RELATED: Two Teens Charged in Bungled Burglary that led to Shooting Death of Friend

Embertson and Ayers boosted Nason up to the deck, where he was confronted by Pettersen, the reports states, and Nason jumped about 10 feet off the deck.

The three tried to leave in their car when they heard two gunshots. Embertson reportedly said, "I think I've been hit," and he lost consciousness as the car backed away.

Pettersen told authorities he heard someone trying to open a door and saw someone walking on his deck through his bedroom window.

He decided to confront the suspect who jumped off the deck and crawled away, he told investigators.

Pettersen said he grabbed his .45-caliber handgun and tried to fire at the front driver's side tire with two or three shots before calling 911.

Petterson is said to have remained in his home until law enforcement arrived.

Embertson's parents filed victim objections with the court on Tuesday. They can be found here and here


Ben Rodgers

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