Bodycam of deadly shootout with suspect, deputies, which killed deputy, Josh Owen, was justified

The Pope County attorney has determined a deputy's actions were justified when he fired his weapon during a deadly shootout with a domestic assault suspect in April.

The Minnesota Bureau of Criminal Apprehension said the suspect, Bryan Nygard, fired first after authorities told him he was under arrest inside his home in Cyrus on April 15. Deputies Josh Owen and Brody Merrill returned fire.

Nygard died at the scene, and Owen later died at a hospital, the BCA said. Merrill was hit in the chest and was briefly hospitalized. Starbuck police officer Alex Olson was also at the scene. He was hit in the ankle and not hospitalized.

On Tuesday, Pope County Attorney Neil Nelson announced there would be no charges against Merrill.

"I have determined that the use of force by Deputy Brody Merrill was justified and entirely lawful," Nelson said. "In reviewing the body camera footage of Deputy Merrill, Deputy Owen, and Officer Olson, it appears that the officers were entirely unaware that the suspect possessed a firearm until he produced it when instructed to stand up in order for Deputies Owen and Merrill to effectuate a lawful arrest. Deputy Merrill was left with no alternative but to discharge his department issued firearm in response to the deadly threat he and Deputy Owen were faced with. Deputies Owen and Merrill acted quickly and heroically to neutralize the threat and avert what could have been an even more tremendous loss to our community."