Mall Of America Shooting: Prosecutors Seek Bigger Punishment

BLOOMINGTON, MN — Prosecutors in Hennepin County will ask for an upward sentencing departure if there is a conviction in the New Year's Eve Mall of America shooting.

An upward sentencing departure is when a judge issues a sentence that is greater than what's laid out in the state sentencing guidelines.

Kahlil Wiley, 18, of St. Paul faces two counts of second-degree assault for firing a single gunshot that struck two people in the crowded mall.

"This kind of dangerous, brazen behavior caused the injury of two people. Given how crowded the mall was with patrons, including young children with their families, I am surprised and relieved there weren’t more victims," Hennepin County Attorney Mike Freeman said in a news release.

"This is a matter our office takes very seriously, and since Mr. Wiley fired a gun in the presence of children, we will be seeking an upward sentencing departure. Ultimately, we are seeking a greater sentence for Mr. Wiley due to the egregiousness of his actions."

Under Minnesota, if convicted, Wiley faces up to seven years in prison and a fine of $14,000:

609.222 ASSAULT IN THE SECOND DEGREE.

Subdivision 1. Dangerous weapon.

Whoever assaults another with a dangerous weapon may be sentenced to imprisonment for not more than seven years or to payment of a fine of not more than $14,000, or both.

The minimum sentence Wiley faces is three years in prison.

According to the criminal complaint, on New Year's Eve just before 5 p.m., Wiley was on the third floor in the Mall of America when two men began to chase him.

The men who chased Wiley later told police they were upset with him from a previous incident and decided to run after him.

During the chase, Wiley turned around, pulled out a gun, and shot one of the men in the leg, authorities said.

The single bullet managed to pass through the first male victim's leg, ricochet off a guardrail, and hit another person in the crowd who has no connection to Wiley, according to the criminal complaint.

Both men survived the shooting.

During the investigation, police learned where Wiley lived and conducted surveillance at his home in St. Paul. On Jan. 4, Wiley was seen leaving the residence in a car. Police pulled him over and took him into custody.

During the traffic stop, Wiley was found with a gun, according to the criminal complaint. Wiley admitted to the shooting, police said.