Hastings Man Shot Through Ceiling Into Upstairs Apartment: Docs

DAKOTA COUNTY, MN — A Hastings man was charged Friday after officials allege he shot at Dakota County Sheriff's Office deputies in Marshan County Tuesday, according to the criminal complaint filed against him in Dakota County District Court.

Brian David Lusk faces charges of second degree assault and dangerous weapon violation, the complaint said.

If found guilty, Lusk could face up to 12 years in prison and/or pay a fee of up to $24,000, according to the complaint.

Tuesday at 10:04 p.m., Dakota County Sheriff's Deputies were dispatched to a 911 call from an apartment building in Marshan Township, officials said.

The caller identified himself as Brian Lusk and whispered to the dispatch operator that he could hear people upstairs planning to kill him and to send officers, according to the complaint.

When deputies arrived, the dispatcher heard them knocking and told Lusk to answer the door, but Lusk claimed he was in the bathroom, officials said. Lusk claimed that someone was in his apartment and said the deputies should kick down the door, according to the complaint.

Deputies tried to get him to open the door and called him, but Lusk did not answer the door or phone calls, the complaint said. Deputies went outside to figure out what to do next when they heard a gunshot inside the apartment, according to officials.

Deputies heard several more gunshots, some of which seemed to leave the building, according to the complaint. Deputies were able to contact residents in nearby apartments and got them to leave the building safely, officials said.

A resident told deputies that he heard the gunshots and saw a bullet hole in his floor before leaving the building, according to the complaint.

At one point, Lusk seemed to be shooting out his window and a bullet hit a tree near a deputy, officials said.

SWAT arrived with an armored vehicle at 11:45 p.m., deputies said.

Over the next several hours, officials heard gunshots inside the apartment, according to the complaint. A SWAT officer reported that two shots were fired at officials, the complaint said.

SWAT entered the apartment at about 3:00 a.m., officials said. When Lusk came out of his apartment, he was holding a AR-15 style rifle, which he placed on the ground after being ordered to by officers, according to the complaint.

See also: Man In Custody After Shooting At Deputies: Dakota Co. Sheriff

Officials got a search warrant for the apartment and found several .223 caliber cartridge cases and live rounds on the floor, deputies said. There were multiple bullet holes in the walls and ceiling, some of which had gone all the way through, according to officials. There were also bullet holes in the floor of the upstairs apartment, the complaint said.

Lusk later told deputies he heard his ex-girlfriend and two men planning to "bust in on him," officials said. He shot through the bathroom door and believed to have hit one of the people he believed to be in his apartment, according to the complaint. Lusk said he never actually saw people in his apartment, just flashes and shadows, deputies said.

Lusk denied shooting at deputies and said all the shots fired were intended for the people he thought were in his apartment, officials said. He claimed that he fired all rounds from inside the bathroom, according to the complaint.

Lusk also admitted to using methamphetamines the previous day, officials said.