It was 2:00am on Sunday, March 11, 1951, and LeRoy Earl Githens, of Minot, was running in the crisp spring air carrying 30 freshly-stolen dollars from the Cut Rate grocery store. It wasn’t long before police captain Morris B. Nelson caught up with him. Morris fired 3 warning shots, but the suspect continued to flee. Thus, Morris took aim and fired his fourth shot. Githens, struck in the back, crumpled to the ground, and the officer immediately called for an ambulance.
Githens battled for his life at Trinity Hospital. For some time, it looked like he was going to recover. However, five days after the incident he succumbed to his injuries. After his death, a proposition was made that the city of Minot and Ward County should be held liable for the medical bill. The cost totaled $893.57. However, both the county and the city refused to pay, and the case went to court.
The county became the defendant as the case was heard in district court. The county claimed that the sheriff's department was only obligated to pay for the care necessary to preserve life, and since the defendant died, the provision didn’t apply. However, the judge stated that the death did not render the care unnecessary. Thus, Judge Eugene Burdick, on this date in 1955, ruled against the county.
The county appealed, saying the emergency care at the scene was paid for. But regardless of who paid the bill, tragedy was the loss of a human life and the trauma for the young officer whose job back then demanded that he shoot his fellow man.
Dakota Datebook by Colby Aderhold
Sources:
- Minot Daily Optic reporter August 17th, 1955, page 1
- Minot Daily Optic reporter August 17th, 1955, page 6
- Minot Daily Optic reporter March 11th, 1951, page 1
- Minot Daily Optic reporter March 16th, 1951, page 1
