3 OFFICERS CLEARED IN FATAL SHOOTING

Grand Jurors Reviewed Drug Sting Gone Awry

A Ramsey County grand jury investigating the fatal shooting in a marijuana
sting outside Mickey's Diner in downtown St. Paul last November declined
Wednesday to indict the three Minneapolis police officers who fired their
weapons.

The decision means no indictments will be filed in the shooting that killed
St. Paul resident James Fye, 29, and wounded Michael Ivory, 39, also of St.
Paul.

Peter Lindstrom, spokesman for the Ramsey County attorney's office, said
the grand jury, which issued the ``no bill,'' released no further information.

``The officers acted properly,'' said Minneapolis police spokeswoman Cyndi
Montgomery. ``They did their job.''

Douglas E. Schmidt, the Minneapolis attorney for Ivory, said he had no idea
how the grand jury reached its decision because its proceedings are not public.

``I don't know what evidence was presented,'' Schmidt said. ``Neither my
client or I even knew about the grand jury. He was not called as a witness,
nor was he allowed any input into the process. One has to wonder about a
process where the witness who was right in the middle of the event was not
called. They could have called my client as a witness, but they didn't.''

The Nov. 21 shooting began in the parking lot of the diner at West Seventh
and St. Peter streets after Minneapolis undercover narcotics officers
surrounded the car Fye was driving and identified themselves.

Police said the car struck two officers as Fye attempted to leave. Three
officers -- Aaron Morrison, Scott Ramsdell and Michael Kaneko -- fired an
estimated 20 shots as the car, in which Ivory was a passenger, drove away.
The car crashed into the side of a Seventh Street church several blocks
west of the diner.

Minneapolis police officials said the officers were at the diner's parking
lot after Ivory tried to set up a marijuana buy with undercover
investigators. St. Paul police who later searched Fye's car found no drugs
or weapons.

Ivory said later that the Minneapolis officers, who were not in uniform,
started shooting without warning. Ivory also said he and Fye were just
hanging out before he had to leave for work. Ivory said he thought the
officers were ``thugs or something.''

Both Fye and Ivory have criminal records, according to court records. In
1991, Fye was sentenced to nine years in prison after pleading guilty to
unintentional second-degree murder for his role in the death of a St. Paul
man beaten with an empty beer keg. Ivory has been convicted of assault and
has been arrested for robbery and sale of a non-controlled substance,
according to Ramsey County District Court records.

Montgomery said the officers who fired their weapons were placed on paid
administrative leave for three days and are now back on the street.

Montgomery said no actions have been taken against the officers involved,
and she does not anticipate any will be taken.

``They did their job to the best of their ability,'' she said.