The Free Press, Mankato, MN

Local News

September 8, 2010

Answers still elusive in Nibbe death

LAKE CRYSTAL — More than a week after a 26-year-old man was found shot to death in his rural Lake Crystal home, authorities said they are continuing to seek answers about the homicide.

Investigators were still saying little about what they suspect led to the death of James Mervin Nibbe, leaving the public wondering if they are searching for an intruder. Blue Earth County Sheriff Brad Peterson said again Wednesday that no suspects are in custody, but they believe the incident is isolated and there is no risk to public safety.

Nibbe’s funeral took place in Lake Crystal Wednesday morning.

“Our sympathy goes out to the families of James Nibbe during this difficult time,” Peterson said. “The Blue Earth County Sheriff’s Office, along with the assistance of the (Bureau of Criminal Apprehension), are working tirelessly to bring this case to a resolution. We appreciate the patience and understanding of the public and media as we continue our work on the investigation.”

Wednesday’s news release also confirmed that Jennifer Lee Nibbe, James Nibbe’s wife, was the person who called 911 just before 6 a.m. Aug. 31 to report her husband had been shot. Her name had been redacted from transcripts of the 911 call that were released Friday.

Neighbors and others who knew the family had said James Nibbe lived at the house with his wife, Jennifer, and her 16-year-old son, Brady Brown. Wednesday’s release also said a juvenile was home during the call. The release did not name Brown, but the 911 caller said her son was home.

The Free Press has been requesting that public information about the incident be released by Peterson, who was the first law enforcement officer to arrive at the scene, since the incident was reported Aug. 31.

State law requires law enforcement officers to release basic information from incident reports to anyone from the public who requests it. That information includes the date, time and place of the incident; the agencies involved; names of victims, witnesses and casualties; and a “brief factual reconstruction of events.”

Much of that information should have been released when it was requested Aug. 31 and Sept. 1, said Mark Anfinson, a media attorney. He has been involved in several court cases that have been used to define the state’s data practices laws.

In a democracy, the public has a right to know as much as possible about what government agencies, especially law enforcement agencies, are doing and how they are functioning, Anfinson said.

“The way that is achieved is by reviewing the records generated and collected by the government,” he said. “Otherwise the public must engage in guesswork about what their public servants are doing. It’s long been held by courts and the legislatures that that’s not the situation that should prevail.”

Peterson’s first release of information, which came during a news conference about 11 hours after the 911 call, only said he was responding to a burglary report and that James Nibbe was found dead. It wasn’t until Sept. 2, two days later, that Peterson confirmed Nibbe had been killed with a single gunshot. He also said the Ramsey County medical examiner had ruled the shooting was a homicide.

In each release Peterson repeated that no suspects were in custody, investigators believe the incident was isolated and there was no threat to public safety.

When the redacted transcripts of Jennifer Nibbe’s 911 call were released Friday, they seemed to contradict Peterson’s statements that the public shouldn’t be concerned. During her call, Nibbe was crying as she told dispatchers her husband had been shot in the head by an intruder. She also reported her husband was in the back bedroom, a shotgun from the house had been used and she had been cut by the intruder during a struggle.

Blue Earth County Attorney Ross Arneson was out of the office Wednesday and not available to comment on Anfinson’s opinion about data practices laws.

Peterson would not say Wednesday whether investigators are looking for an intruder. He did say all leads are being followed and anyone with information should call 304-4863.

 

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