Found Deceased MN - Alayna Ertl, 5, Watkins, 20 Aug 2016 *Arrest*

[MsMarple]

I've wondered, too, if she was not alive when he took her...


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JMO but I think she was alive. And I think the cabin on the property is the crime scene. I guess we'll know more eventually. :tears:

RIP poor little Alayna. :rose:

 

[AmyPond]

I was really holding out hope that SA wouldn't be a part of it. But obviously it's not surprising. Sick monster.

 

[NewMama]

From your link:

Zachary Todd Anderson was charged Tuesday in Cass County District Court with the murder of 5-year-old family friend Alayna Ertl, whose abduction Saturday in Watkins, Minn. triggered an AMBER Alert. Anderson, 25, is charged with second-degree murder, first-degree criminal sexual conduct, kidnapping and auto theft.

No surprise but it's awful to see it regardless.

Poor baby. I had hoped this wasn't the case.


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[MsMarple]

[video=twitter;768133353677656065]https://twitter.com/RobOlsonFOX9/status/768133353677656065[/video]
Rob Olson ✔ @RobOlsonFOX9
Zachary Anderson initial appearance brief, bail set at $2 million w/o conditions or $1 million with. Next court hearing October 10th.

 

[kdg411]

http://www.kare11.com/news/crime/family-friend-charged-in-childs-murder/305798677

*Graphic*

An autopsy showed the child died of homicidal violence, with evidence of strangulation and blunt force trauma to her head. It was also apparent that the child had been sexually assaulted, with signs of penetration.

...

It was just before 2 p.m. that authorities received a call from the defendant's father, saying he was aware that Anderson was the subject of an Amber Alert. He added that Zachary Anderson had called earlier in the day and asked to use the family cabin, which is located near Motley in Cass County. Anderson's father granted authorities permission to search the premises.

 

[kdg411]

https://bringmethenews.files.wordpress.com/2016/08/zachary-anderson.pdf

Follow link for the 7 page press release.

 

[Shay]

http://www.sctimes.com/story/news/local/2016/08/23/man-charged-killing-watkins-girl/89207042/?aaa

Her naked body was found submerged in water and covered with brush and debris in an attempt to hide her, according to the complaint.
An autopsy determined that Ertl died from strangulation and other evidence of blunt force trauma to her head, according to the complaint.

 

[NewMama]

Can the murder charge be upgraded to first degree if additional evidence warrants that? Please say yes.


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[MsMarple]

Can the murder charge be upgraded to first degree if additional evidence warrants that? Please say yes.


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It sure looks like it. First-degree murder:

First-degree murder is the most serious, most heinous type of murder charge. In Minnesota, many different types of killings can be considered first-degree murder, but all of them have aggravating (or responsibility or culpability increasing) factors. The killings that Minnesota law states deserve the most severe punishment include when the victim is a child or spouse who is continually abused at home or a witness or judge who is killed due to their official duties.

Sometimes, it’s the serious behavior of the defendant, such as committing a burglary, robbery, or sexual crime when the victim is killed that deserves harsher punishment. However, even most of these murders do require an intent to kill. Thus, first-degree felony-related murders are distinguished from the felony murder rule that also applies to some second-degree murder felony-related deaths.

http://statelaws.findlaw.com/minnesota-law/minnesota-first-degree-murder.html

Second-degree murder:

Second-degree murder is an intentional killing, but is less serious than first-degree murder because some malicious factors aren’t present. Both first and second-degree murder in Minnesota have aspects of the “felony murder rule.” Felony murder is when you kill a person during the commission of another felony, such as rape or burglary.

http://statelaws.findlaw.com/minnesota-law/minnesota-second-degree-murder.html

My boldings.

The sticking point seems to be whether Anderson intended to kill Alayna. I'm sure he's claimed that it happened "accidentally" at some point and without substantial evidence it could be hard to prove otherwise. IMO he did intend to kill her - realistically, what was he going to do? Drop her off somewhere to be found so she could say her friend Zach took her? Remember, "intent" can happen at any time, even minutes before the murder.

IMO it should be a given that Anderson had the foresight to know that what he was doing could result in Alayna's death, both by committing rape on a tiny little girl and by having her out in the middle of nowhere - due to her age she had no chance to escape. But, sigh, that's in an ideal situation - I understand the law is written to protect the suspect's right, and that's important, but... damn, it doesn't mean I have to like it. It's pretty clear in this specific case that Zach is the only possible perp.

 

[MsMarple]

More info:

609.19 MURDER IN THE SECOND DEGREE.
§Subdivision 1.Intentional murder; drive-by shootings. Whoever does either of the following is guilty of murder in the second degree and may be sentenced to imprisonment for not more than 40 years:
(1) causes the death of a human being with intent to effect the death of that person or another, but without premeditation; or... <snipped>

Subd. 2.Unintentional murders. Whoever does either of the following is guilty of unintentional murder in the second degree and may be sentenced to imprisonment for not more than 40 years:
(1) causes the death of a human being, without intent to effect the death of any person, while committing or attempting to commit a felony offense other than criminal sexual conduct in the first or second degree with force or violence or a drive-by shooting; or <snipped>

https://www.revisor.mn.gov/statutes/?id=609.19

My bolding.

ETA: https://bringmethenews.files.wordpress.com/2016/08/zachary-anderson.pdf Thanks, kdg411! He's charged under subdivision 1 - intentional second-degree murder. How can it be that there was no premeditaion? It seems like the kidnapping itself proves that. Argh!!

 

[birdsmomma]

After reading the Press Release, I see that the father went to bed at 4:00 am and ZA was on surveillance at 8:30 am alone. This whole case makes me so sick to my stomach. It really reminds me of Shaylynn's case. I do not understand the evil of all of this.

Being newer to WS's, and reading some of these cases, it makes me think that if ever someone were to stay the night at my house, no matter how well I knew them, my little one will be sleeping in bed with me. You cannot trust anyone and it's sad.

 

[Dockins]

After reading the Press Release, I see that the father went to bed at 4:00 am and ZA was on surveillance at 8:30 am alone. This whole case makes me so sick to my stomach. It really reminds me of Shaylynn's case. I do not understand the evil of all of this.

Being newer to WS's, and reading some of these cases, it makes me think that if ever someone were to stay the night at my house, no matter how well I knew them, my little one will be sleeping in bed with me. You cannot trust anyone and it's sad.

I hear you loud and clear. I have a relatives with small children who constantly allow questionable persons to stay at their home. I've told them numerous times to read here and see what can happen. No one thinks it can happen to them.

 

[human]

I don't know of this can be posted, but it is the real estate listing for the house on Iriqoise Trail. It is off market now, but it looks really nice.

http://www.movoto.com/motley-mn/4926-iroquois-loop-trl-sw-motley-mn-56466-651_4737905/

 

[skibaboo]

http://www.kare11.com/news/crime/family-friend-charged-in-childs-murder/305798677

*Graphic*

Arghh :stormingmad:

So the tipster was ZA's father, fair play to him for calling LE. No matter what his son has done that had to be a tough thing to do.

 

[missgulfsouth]

Arghh :stormingmad:

So the tipster was ZA's father, fair play to him for calling LE. No matter what his son has done that had to be a tough thing to do.

I would do it. I have three sons, momma didn't raise no filthy stinking pigs and I sure as heck wouldn't have any part in letting them get away with something like that. I am pro death penalty 100% in these cases.

 

[Inthedetails]

http://www.kare11.com/news/crime/family-friend-charged-in-childs-murder/305798677

*Graphic*

From the link, BBM:

"It was just before 2 p.m. that authorities received a call from the defendant's father, saying he was aware that Anderson was the subject of an Amber Alert. He added that Zachary Anderson had called earlier in the day and asked to use the family cabin, which is located near Motley in Cass County. Anderson's father granted authorities permission to search the premises."


So WHILE ZA WAS WITH ALAYNA, in the midst of kidnapping, defiling, and killing a child....he calls his dad to ask permission to use the cabin. That's bizarre.

Maybe he was just checking if anyone else was up there, making sure it would be empty. That makes a bit more sense. But still - could this perp do anything more to make sure everyone knew HE did it?

jmo

 

[ninij9]

Arghh :stormingmad:

So the tipster was ZA's father, fair play to him for calling LE. No matter what his son has done that had to be a tough thing to do.

I agree. Not an easy thing to do, alert on your own son. His parents are victims too and I wish peace for them in the coming months. It won't be easy for them.

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[missgulfsouth]

From the link, BBM:

"It was just before 2 p.m. that authorities received a call from the defendant's father, saying he was aware that Anderson was the subject of an Amber Alert. He added that Zachary Anderson had called earlier in the day and asked to use the family cabin, which is located near Motley in Cass County. Anderson's father granted authorities permission to search the premises."


So WHILE ZA WAS WITH ALAYNA, in the midst of kidnapping, defiling, and killing a child....he calls his dad to ask permission to use the cabin. That's bizarre.

Maybe he was just checking if anyone else was up there, making sure it would be empty. That makes a bit more sense. But still - could this perp do anything more to make sure everyone knew HE did it?

jmo

He certainly made it easy, didn't he? So clueless, it almost makes me wonder if he had a death wish.

 

[Inthedetails]

I would do it. I have three sons, momma didn't raise no filthy stinking pigs and I sure as heck wouldn't have any part in letting them get away with something like that. I am pro death penalty 100% in these cases.

I would do it too....especially in the case when a child was victimized. It would be painful, but there would be no hesitation, not even for a moment. I would pick up the phone.

I fully expect never to be in that position.

Sad, sad situation. The families have a rough road ahead of them, and there really is no way to make that road peaceful except to allow time to heal them.

 

[dogmatica]

1. She was five and he 200 pounds. It is conceivable his acts accidentally killed her. Although the charge is premeditated murder?

2. Re the cell phone pings. I imagine there is very little coverage in some of these isolated areas. Do you think that is why there is so little cell ohone ping information?

"Violent homicide" doesn't indicate, to me, that he accidently squished her or anything like that. Seems much, much more nefarious.

Also, I'd be very surprised if this was a case of him accidently killing her out of anger in the house because she was keeping him up or something. Again, seems like something far more nefarious.