MANKATO — An 18-year-old Madison Lake man, who was charged with attempted murder in March for allegedly shooting at another man in west Mankato, has reached a plea deal with prosecutors.
The attempted murder charge was dismissed in exchange for Alexander Rapheal Marxen’s plea Tuesday to felony charges of participating in a drive-by shooting and second-degree assault.
A pre-sentence investigation was ordered and Marxen will receive between four and seven years in prison when he is sentenced Nov. 13, according to the plea agreement.
Marxen was one of four people arrested when a van was stopped March 6 after police received a report of a drive-by shooting at 107 Allen Court. A man at the residence, Payton Gilbertson, showed police a sweatshirt that had what police described as four bullet holes.
Investigators later learned Marxen and the others had been involved in a confrontation in the parking lot by Smokes 4 Less off Riverfront Drive. Marxen and the people he was arrested with were in a van and the others involved were in a Chevy Blazer. When the two groups left the parking lot and drove to an area next to West High School, Marxen allegedly got out of the van and fired a shot at the ground with a .22 rifle.
The confrontation then moved to Allen Court, where Marxen said Gilbertson made a rush toward him as the van pulled into the cul-de-sac. Some people said they heard one shot, others said they heard two.
Marxen told his attorney he shot a warning shot into the air and never shot at Gilbertson, according to a motion requesting the attempted murder charge be dismissed. One bullet casing was found at the scene, but a bullet wasn’t found.
Marxen posted a $50,000 bond on March 16 for his release from jail. He was required to remain on house arrest at his grandparents’ home near Madison Lake.
The plea agreement says Assistant Blue Earth County Attorney Steven Kelm will recommend a 48-month prison sentence for the drive-by shooting charge and a 36-month prison sentence for the assault charge.
Whether those sentences run consecutively or concurrently will be decided by District Court Judge Krista Jass. If Jass decides the sentences will be served concurrently, meaning they will both be served at the same time, Kelm will be able to argue for a 57-month prison sentence for the drive-by shooting charge, according to court records.
Marxen remained released on bail after Tuesday’s hearing.
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