Oct. 18 shooting in Casselton (KFGO file photo)
FARGO, N.D. (KFGO) – The Cass County State’s Attorney’s Office has decided not to file criminal charges against a man who shot and killed a man in Casselton late last month.
Prosecutors decided they could not prove that 54-year-old Edwin Kester Jr. intended to kill 58-year-old Randell Burton in an apartment connected to Club 94, a bar and restaurant on October 18.
In a report obtained by KFGO News, prosecutors said, “under the totality of the circumstances, the State is unable to prove beyond a reasonable doubt that Mr. Kester’s use of deadly force in self-defense and/or defense of others was unjustified.”
Under North Dakota law, an individual is justified in using deadly force to protect the life of themselves or others.
Burton broke into the apartment where his girlfriend was living. Kester was staying with the woman because she feared that Burton may try to hurt her.
The investigation determined that Burton had threatened the woman’s life days before the shooting and was arrested for terrorizing and domestic violence. He had been released from jail the day before the shooting and was under court order not to contact the woman.
Kester shot Burton in the chest with a handgun when he broke through two locked doors and was headed toward the woman’s bedroom. Kester called 911 shortly before 2:00 a.m. Burton later died at the hospital.
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