A Hennepin County judge has rejected a plea deal for a man who is charged in connection to a deadly 2019 shooting in northeast Minneapolis and was scheduled to be sentenced Monday afternoon.

As previously reported by 5 EYEWITNESS NEWS, Husayn Braveheart, who was 15 years old at the time of the shooting, was charged with aiding and abetting murder for the death of 39-year-old Steven Markey as an adult.

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In August, Braveheart took a plea deal from Hennepin County prosecutors, which called for no jail time if he continued treatment for trauma and abuse he has received over the course of four years. If he didn’t follow the rules, he would then face a prison sentence of up to 21 years.

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Last month, Minnesota Attorney General Keith Ellison decided to not intervene with the deal made under Hennepin County Attorney Mary Moriarty after the family of Steven Markey started a petition with the hope of removing the case from her administration.

Several members of the Markey family spoke in court Monday afternoon, many expressing their anger and frustration with the proposed deal. Braveheart also spoke for a few minutes, apologizing to Markey’s family, calling his actions that day “inexcusable” and pledging to be a better person moving forward.

The prosecutor in the courtroom acknowledged the Markey family’s frustration with the plea deal but said the deal was carefully crafted as to not hinder the “significant” progress Braveheart has made while also holding a large punishment over him if he doesn’t follow through on his end of the deal.

However, when it got to the judge, he refused to sign off on the deal.

“In order for me to depart, I need to find substantial and compelling reasons to do that. …. For the record that is before me that I’ve already discussed, I cannot find that there are substantial and compelling reasons to depart,” Judge Michael E. Burns said.

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Another teen charged in connection to Markey’s death, Jered Ohsman, has already been sentenced to just over 21 years (261 months) in prison. As previously reported by 5 EYEWITNESS NEWS, Ohsman was 17 at the time of his sentencing hearing and was certified to stand trial as an adult. He had pleaded guilty to two counts of second-degree murder.

Court documents allege that Braveheart and Ohsman approached Markey while he was in his car near 14th Avenue Northeast and Tyler Street and planned to rob him. However, during the robbery, Markey was shot multiple times, and investigators say both Ohsman and Braveheart fired their guns.

Markey crashed his vehicle a block away and later died at a hospital.

A criminal complaint states that officers in the area found their guns and the clothing that Braveheart and Ohsman allegedly changed out of after the robbery all stuffed inside a backpack.

They were arrested the next day after they allegedly “engaged in assaultive conduct in downtown Minneapolis,” stole a car in St. Louis Park and committed burglaries.

Braveheart later told investigators that he believed Ohsman fired first “because [Markey] laughed at them,” and he fired when Markey started driving away.

In explaining his decision to reject Braveheart’s plea deal, Judge Burns said he couldn’t find evidence showing Braveheart played a “significantly lesser” role than Ohsman, adding that even if he didn’t fire the shot that killed Markey, Braveheart still shot at Markey’s car, which makes it more significant than some other carjackings.

Additionally, the judge said he believed the attorneys for both sides cited Braveheart’s age and impulsivity as a reason for a downward departure but also sought to credit him for only firing at Markey’s vehicle to disable it. “The two of those can’t exist in the same space,” Burns said.

Finally, the judge discussed Braveheart’s track record during treatment, noting he had multiple recorded outbursts and violent incidents during his time, which included delaying his transfer from Red Wing at one point.

“Therefore, based on my review of the record, I am not accepting Mr. Braveheart’s guilty plea at this time,” Burns said.

A hearing to discuss how to proceed is now scheduled for Dec. 14. If a new deal isn’t reached by that point, Burns said they’ll set a trial date.

Hennepin County Attorney’s Office spokesperson Nick Kimball released the following statement Monday afternoon:

“We disagree with the judge’s decision. The agreement balanced the possibility of severe punishment with the reality that this young man with a terrible childhood has succeeded when he was finally given access to intensive resources. His responsiveness thus far shows that continued serious treatment gives us the best chance to protect the public in the future. Instead, his treatment would likely end if he goes to adult prison and he would likely come out worse than when he went in. Our proposed sentence acknowledged this reality.”