Man who was shot by Goodhue County deputy after struggle to serve 84 days

A man who was shot during a struggle with a Goodhue County deputy in November of 2022 was sentenced Wednesday.

Fernando Javier Carbajal, 25, will serve 84 days in either jail or work release if he is eligible. He was sentenced to 90 days but had credit for six days already served.

Carbajal also received a stayed prison sentence of one year and one day, which he will serve if he violates the terms of his five-year probation.

He was originally charged with third-degree assault and two counts of fourth-degree assault — he was convicted on the third-degree assault charge and the two other charges were dismissed, according to court documents.

As previously reported, on Nov. 22, 2022, Carbajal crashed his SUV into a utility pole near Bay Point Park in Red Wing, prompting an emergency response.

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Goodhue County Deputy Steve Sutton-Brown was the first to respond to the scene. He had come from a training session nearby in an unmarked vehicle and wasn’t wearing his standard uniform and didn’t have his normal array of tools, “including less-lethal options like aerosol, a baton or a Taser,” the BCA said in a news release. Sutton-Brown was wearing a sweatshirt that identified him as a member of law enforcement.

Witnesses said they saw Carbajal become “aggressive” toward Sutton-Brown and charge at him. Sutton-Brown reportedly backed away and tried to defuse the situation, authorities said.

Prosecutors said that Sutton-Brown started shooting after Carbajal, unarmed, initiated a physical fight. He shot at Carbajal three times.

Sutton-Brown broke his foot during the incident, authorities said.

In May, the Stearns County Attorney’s Office, which reviewed the case for charging consideration, determined that Sutton-Brown’s use of force was justified.