A 25-year-old Duluth man has been charged in connection with a New Year’s Day homicide outside a Superior bar.
Authorities say witnesses placed Jamar Maurice Smith with a gun at the scene of the double shooting, though he has not been charged with the homicide. Smith, who authorities say goes by the alias “Band-Aid,” was charged by warrant Monday with being a felon in possession of a firearm and misdemeanor bail jumping.
Two Superior brothers were shot outside the Third Base Bar at about 7:30 a.m. on Jan. 1. Kyle Androsky, 21, died from his wounds. David Androsky, 27, is recovering after being hospitalized with a gunshot wound to the chest.
Smith remained in the St. Louis County Jail in Duluth on Wednesday afternoon. He has been held there since Jan. 4 on an alleged probation violation stemming from a prior criminal case in western Minnesota.
Douglas County District Attorney Mark Fruehauf announced the charges in a statement Wednesday morning. He and representatives of the office declined to offer additional information, including whether Smith could face additional charges.
Smith is being held without bail at the Duluth jail and must be extradited to face the charges in Wisconsin. Assistant District Attorney Jennifer Bork did not have a timeline for that process, but said she hoped it would occur soon.
“When you get other jurisdictions involved, there are just too many variables,” she said.
The warrant was authorized Monday by Douglas County Circuit Judge George Glonek, allowing prosecutors to begin the process of having Smith transferred to Wisconsin.
Superior police officers were called to the alley behind the Third Base Bar, 1218 Tower Ave., on the morning of Jan. 1 and said they found Kyle Androsky dead from a gunshot wound. David Androsky was located inside a bathroom in the bar with a gunshot wound to his chest.
According to the criminal complaint, witnesses said at least two shots were fired after Kyle Androsky had an argument with several men near a dumpster outside the rear door of the bar. Police said the altercation had started inside the bar and spilled outside.
Witnesses said one of the men kicked Kyle Androsky, and another man was seen with a gun, according to the complaint.
Two bullets and two shell casings were found outside the bar, according to police.
Prosecutors said the identification was aided by video from a body camera worn by a Superior police officer who had walked through the bar about five hours before the shooting. A witness who saw Smith holding the firearm in the alley was able to identify him in the video, according to the complaint.
Smith was already in St. Louis County custody when the warrant was issued, having been arrested by Duluth police officers and St. Louis County Sheriff’s Office deputies on Jan. 4.
Authorities said he had falsely informed his probation officer that he was working at a Proctor recycling facility. But the agent discovered that he had only applied there at one point and was not employed.
Smith remains on probation in Traverse County, Minn., where he pleaded guilty in 2013 to third-degree assault.
Court documents filed there allege that he assaulted and threatened his wife on numerous occasions. In one incident, he allegedly slammed her into a wall and punched her; another time he told her was arranging to have his cousins kill her, according to the documents.
Smith received a stay of imposition in the case, but later served jail time after admitting to violating his probation by contacting the victim. Judge Charles Glasrud on Friday revoked the stay and issued an arrest warrant as a result of the newest probation violation.
Smith also has two active arrest warrants in Douglas County for failing to appear on charges of violating an order for protection, resisting an officer and bail jumping.
A funeral service was held Monday for Kyle Androsky, a 2013 graduate of Superior High School.
David Androsky, who had been hospitalized at Essentia Health-St. Mary’s Medical Center in Duluth, returned home to continue his recovery on Sunday, according to an update posted on a GoFundMe page maintained by the family.
“David is happy to be making progress,” the family wrote. “Today was some great news. Lots of pain and healing in the future but for now, some happiness!”
News Tribune staff writer John Myers contributed to this report.