An Anoka County man, accused of robbing two University of Minnesota Duluth students at gunpoint and later burglarizing the apartment of one of the victims and threatening to shoot anyone who told police, will stand trial next week in Duluth.
Deontate Leraile Leatherberry, 20, is charged with first-degree aggravated robbery in connection with the alleged robbery a year ago today. He also is charged with two counts of first-degree burglary and aggravated first-degree witness tampering in connection with the alleged Oct. 4, 2007, burglary and threats.
According to a criminal complaint, the students made an arrangement to sell marijuana to someone identified to them as "D" in front of one of the students' apartments on campus. On or about Sept. 25 of last year, the students turned over two quarter-ounce bags of marijuana and asked for $160 as payment. They said "D" then produced a black revolver from the pocket of his hooded sweatshirt and demanded everything they had. The students gave him about $300 and the rest of the marijuana they had.
Ten days later, one of the victims and his roommates returned to their campus apartment and were confronted by the suspect the victim recognized as being "D." A screen had been broken to gain entry to the apartment and personal items were stacked by the door.
The students said Leatherberry told them he had a gun and he was there to shoot whoever told the police about the robbery that occurred the previous week. The students said that the defendant told them that he had more people and more guns, referring to a gang, and he would be back to take care of business.
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Police showed the students a photograph lineup and they identified "D" as Leatherberry.
Leatherberry was located and taken into custody in Coon Rapids, Minn., on Oct. 12. No firearm was recovered when he was apprehended.
In an order filed Tuesday, Judge Heather Sweetland granted part of the request of St. Louis County prosecutor Mark Rubin that Leatherberry be tried at the same time on all charges. Public defender Cindy Evenson had opposed the request.
Sweetland ruled that the aggravated robbery and aggravated witness tampering charges be tried together starting Tuesday.
She wrote that it appears the burglary charges involve a different criminal objective than the robbery and witness tampering charges and will be tried separately starting on Oct. 8.
In an accompanying affidavit requesting that the two trials be joined, Rubin informed the court that the witnesses are fearful of retaliation by the defendant. The UMD student victims involved are not named in the complaints against Leatherberry. Rubin said the students have pleaded guilty to conspiracy to sell marijuana in the fifth degree.
Rubin and Evenson declined to comment on the case Wednesday.
