Attorneys, family prepare for Duluth trial in dismemberment case – Duluth News Tribune
DULUTH — A South Range man who disposed of a homicide victim’s remains in Lake Superior is expected to take the stand at the shooter’s upcoming trial.
Robert Thomas West has struck an agreement with prosecutors to testify against Jacob Colt Johnson, the 37-year-old Superior man who fatally shot Richard “Ricky” Balsimo Jr., two years ago, according to court documents.
Richard “Ricky” Anthony Balsimo Jr., of St. Paul, left, pictured with his son.
Contributed / Balsimo family
West in February was the first defendant to stand trial in relation to Balsimo’s killing, with a Cook County jury finding him guilty of aiding an offender as an accomplice after the fact to second-degree murder and interference with a dead body. The agreement to testify comes as he awaits sentencing; attorneys did not outline any conditions.
Johnson, who has claimed self-defense, is set for a three-week trial beginning later this month at the St. Louis County Courthouse in Duluth. And while the case is expected to include much of the same evidence and testimony as February’s proceeding, attorneys spent some 90 minutes arguing over the parameters Thursday.
Two co-defendants to implicate Johnson
Court documents indicate that Balsimo, Johnson and two women were traveling in a car around the Twin Cities area June 20, 2021, when an argument ensued. Defense attorneys said statements from the two women confirmed that Balsimo, 34, of St. Paul, pulled out a knife and began pointing it at others and making death threats before he was shot from behind through the front passenger seat by Johnson.
Jacob Colt Johnson
West, 43, later told investigators that Johnson showed up at his residence with Balsimo’s body in the back seat of his Audi on June 20. Court documents indicate he also described the circumstances of shooting the victim while he was waving around a knife in the car.
The men reportedly covered the body with a blanket and Johnson drove the car to his daughter’s birthday party in Superior before the defendants hatched a plan to dispose of the remains. Court documents say West admitted that he recommended dismemberment and assisted Johnson in bringing the body to a motor home in Bennett, about 20 miles south of Superior.
Johnson allegedly completed the dismemberment, while West helped encase the remains in concrete inside three 5-gallon buckets and a tote.
Robert Thomas West
A Duluth woman, Tommi Lynn Hintz, 33, also has pleaded guilty to aiding an offender and agreed to cooperate in the West and Johnson prosecutions. She testified that she had been contacted by Johnson early on the morning of June 20 and saw the bullet holes in the front seat of the car during a trip to the Hinckley, Minnesota, casino the night of June 21.
Hintz also admitted that she helped arrange for a boat out of Grand Portage on June 22. Court documents indicate the boat owner has been cooperative, stating he took West out on the water after being told he was disposing of some of his grandmother’s belongings and a dead dog.
Meth use, character evidence at issue
Johnson’s attorney, Steve Bergeson, has not detailed his strategy, other than to note that client acted in self-defense and defense of others. However, the victim’s methamphetamine use emerged as a key sticking point at Thursday’s pretrial hearing.
Assistant Minnesota attorney General Dan Vlieger asked the judge to preclude any evidence that Balsimo was using meth and prohibit the defense from calling an expert to testify about drug usage. Both attorneys acknowledged that it was impossible to know exactly how much was in his system at the time.
“It basically comes down to a character attack,” Vlieger said, noting there are two witnesses to the shooting who can testify regarding Balsimo’s condition at the time.
Tommi Lynn Hintz
Bergeson disagreed, saying meth is not character evidence but rather “an explanation of his behavior that goes to the heart of the defense.” He indicated Johnson had known Balsimo for a long time and was aware that he tended to become violent while using meth.
“Why are we hiding it from the jury?” Bergeson asked. “This man died and he had meth in his system. (The jury) should know that. What they do with it is up to them.”
Judge Michael Cuzzo also was asked to consider limits on issues including autopsy photos, given the particularly graphic nature of the killing and dismemberment, and other character evidence that may be introduced by either side.
Jury to consider two counts, aggravating factors
A large jury pool will be summoned to the Duluth courthouse on July 13 to fill out written questionnaires in order to help the court and attorneys identify candidates who may have difficulty hearing the case or who have been exposed to pretrial publicity.
Opening statements and testimony are expected to begin July 24, with the trial to conclude by Aug. 4. Johnson is charged with both intentional and unintentional second-degree murder, allowing jurors discretion to assess his culpability if they reject his self-defense claim.
If Johnson is convicted, the 12-member panel also would be asked to consider whether the state proved two aggravating factors — that Balsimo was treated with particular cruelty in that his body was dismembered and concealed, and that the offense was committed by a group of three or more participants.
A finding of aggravating factors would allow the court to depart from sentencing guidelines and impose a prison term of up to the statutory maximum 40 years.
Family upset with Duluth trial
Cuzzo in March “reluctantly” granted a joint motion to relocate the case from Grand Marais, where all three defendants had been charged, citing “extreme circumstances.” West had already been tried in the tiny community and attorneys noted that extensive news coverage and a busy tourism season would also make it impossible to seat an impartial jury.
Richard Anthony Balsimo Jr.
That decision, however, rankled Balsimo’s family members and supporters, who were already critical of what they viewed as a lackluster police investigation and prompted the hiring of a private investigative firm to uncover Balsimo’s murder and disposal.
MN350, a statewide advocacy group, is planning daily protests outside the Duluth courthouse as a “last resort” to ask that the trial be relocated to St. Paul, where the killing occurred. Advocate Jessica Gidagaakoons Smith said the grieving family has been told there is not funding available to cover their lengthy stay in Duluth.
“It is not possible nor should the family have to travel back and forth during the most difficult trial in this complex multi-jurisdictional case,” she said. “The family deserves to be home comfortably around their loved ones during trial. Not struggling to scrape together funding to stay in Duluth during tourist season in the city where they were traumatized looking for Ricky on their own.”
While it’s undisputed that Balsimo’s killing occurred in the Twin Cities, Minnesota law authorizes a case to prosecuted in the jurisdiction where the body was found. And even though St. Louis County jurors will hear the trial, it functionally remains a Cook County case as the judge, his staff, security and the Cook County attorney‘s Office will all need to relocate to Duluth for several weeks.
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