Lawyers for Winston Smith’s Family Criticize Investigation Into His Death

Lawyers for the family of Winston Smith are protesting the decision to not prosecute the officers involved in Smith’s death; they say the investigation lacks integrity.

Lawyers for the family of Winston Smith are protesting the decision to not prosecute the officers involved in Smith’s death. Smith was fatally shot by members of a U.S. Marshals task force in the Uptown neighborhood of Minneapolis in June. The Smith family’s attorney, Eric Newmark, said the investigation lacks integrity.

“Every single member of that task force that was present when Winston Smith was killed refused to submit to an interview with the BCA – think about that,” said Newmark.

Attorney Newmark said there are inconsistencies in the investigation. Original reports from the Bureau of Criminal Apprehension claimed there was no body camera or other surveillance footage. But Newmark said the Crow Wing County Attorney cited body camera footage of the aftermath in a letter explaining his ruling to Attorney Mike Freeman. Freeman was originally assigned the case but handed it off to Crow Wing County due to a conflict of interest.

Winston Smith was a well known comedian, artist and father. His brother Kidale Smith said it’s  been challenging for Winston’s children.

“When I show her a picture of her dad she plays with the picture like he’s still here. It’s actually very heartbreaking to watch,” he said. 

Community questioned the loophole that allowed an incident like this to happen without any body cameras. Police officers deputized on a Federal task force are not required by law to use them. 

“If law-enforcement has their way, all these individuals involved in the shooting – we will never know any of their names and that’s astonishing, it’s disgraceful,” said Newmark.

The case file is still classified as under investigation. Once the case is closed all evidence will be available by request to the BCA.

Subscribe to hear Daily Updates in your podcast feed

SpotifyApple PodcastsRadio PublicGoogle Podcasts


  • Potter Found Guilty in Death of Daunte Wright
    After three days of deliberation a jury found former Brooklyn Center police officer Kimberly Potter guilty of two counts of manslaughter in the death of Daunte Wright. Feven Gerezgiher reports
  • Potter Jury Continues Deliberations
    As jury deliberation continues in the Kim Potter trial, many are evaluating the state of racial justice in Minnesota. We talk to former Hennepin County Chief Public Defender Mary Moriarty. Chioma Uwagwu reports
  • Kim Potters’ Tears
    Kim Potter’s crying in court is more than an expression of remorse; it’s part of a history of white women weaponizing their tears against people of color. Tiffany Bui reports.
  • Jury Deliberations Underway in Potter Trial
    The state’s prosecution and the defense made their closing arguments Monday. Georgia Fort reports.