The Bureau of Criminal Apprehension (BCA) has released the identity of the man who lost his life in a use-of-force incident that took place on August 28 in West St. Paul. The man, Jerry Va Thao, 42, of St. Paul, was pronounced dead following an altercation where police responded to a residence on the 1200 block of Ottawa Avenue. The officer who discharged his weapon, Sgt. Sean Marben of the Apple Valley Police Department has been put on critical incident leave, according to a BCA report.
Sgt. Marben, with eight years on the force, is part of the South Metro SWAT Team—a conglomerate of various jurisdictional law enforcement that came together in response to the standoff with Thao. Thao was sought by authorities on multiple felony warrants and had allegedly violated a protective order the day prior. Wanted on felony warrants, efforts to coax him from the basement of the home were met with gunfire aimed at law enforcement, necessitating their continued presence.
During the nearly seven-and-a-half-hour siege, authorities report that Thao fired shots at officers, hitting a ballistic shield and a SWAT vehicle. Despite the deployment of chemical irritants and multiple attempts at negotiation, the situation escalated. It was approximately 6:30 p.m. when Sgt. Marben, stationed atop a SWAT vehicle, observed Thao with a weapon at the base of the basement stairs. Marben then fired his service weapon, striking Thao.
The aftermath of the shooting left two firearms and cartridge casings strewn, along with a damaged ballistic shield, evidences catalogued by the BCA's crime scene team. It's been confirmed that body-worn cameras were active during the incident. Once the BCA concludes its investigation, they will submit their findings to the Dakota County Attorney’s Office to consider charges concluded the report. Transported to the hospital following the shooting, Thao received medical aid but subsequently succumbed to his injuries.
Triggering both local and broader conversations on police use of force, the BCA's examination into this incident remains underway, with a promise of transparency from the agency. The full findings are anticipated to shed light on the dynamics of Thao's encounter with Sgt. Marben and whether the response met the procedural and legal standards of law enforcement engagement.
