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Nov 7, 2009 10:59 pm US/Central
Man Recalls Night Friend Was Shot By Off-Duty Cop
(WCCO)
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Jason Martin, seen here with his wife, was shot multiple times and killed by an off-duty officer.
CBS
The only witness to a police-involved shooting in St. Louis Park speaks out.
Karl Foster was driving Jason Martin's truck early Tuesday morning moments before Martin was shot and killed by an off-duty police officer.
Foster said he was driving his best friend's truck, going to a casino to celebrate his birthday when he passed his exit to get on the highway. He said when he attempted to turn around he hit a construction cone so he stopped the truck and got out to dislodge the cone from underneath the vehicle.
"There was a pow, pow-pow, so there was a hesitation in the firing," said Foster.
Foster said the sound of gunfire still rings in his ears. Foster said he was underneath Jason Martin's truck when he heard three gunshots. He jumped up and ran to his friend's aid.
"It hurt. It's painful to see your best friend pass away, especially right in your hands," said Foster.
Foster said when he closes his eyes he relives the night his best friend Martin died. Although he had a hard time talking about the incident, Foster said he wants to tell his version of what happened.
"We were both out of the vehicle when this other -- to me it was just another person, because it was an unfamiliar car pulling up," said Foster.
Foster said he saw what he thought was a stranger's feet approach the car. He said he did hear arguing between the stranger and his friend and then he heard gunshots.
"At that time is when I realized it was an officer because he dialed 911, he said, 'This is Officer John Herman, I need assistance,'" said Foster.
Foster said he was held in the back of a squad car for six hours before he was taken to the Hennepin County jail. Officials said he was arrested for outstanding warrants and probable DWI.
Foster said he had only one beer and was driving because Martin had been drinking more heavily.
"There was no weapons whatsoever. Jason wouldn't even carry a Swiss Army knife in his vehicle," said Foster.
Foster said because they were not armed and posed no threat to anyone there was no need to use what he calls "excessive force".
Initial reports said Officer John Herman was leaving his shift when he noticed a truck driving erratically. Officials said Herman, who was off duty, pulled the truck over, an altercation with Martin took place and shots were fired.
Herman has been placed on paid administrative leave pending the outcome of the investigation. He is a 5-and-a-half-year veteran of the St. Louis Park Police Department and according to officials, has a record free of blemishes.
Foster admits he and Martin both have had their run-ins with the law. But regardless of their criminal histories, Foster said Martin did not deserve to die that way.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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