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An unarmed man shot by a Goodhue County Sheriff's Office investigator in Red Wing last week is facing multiple assault charges for allegedly chasing and attacking the deputy in the moments before shots were fired. 

Prosecutors in Goodhue County last week charged Fernando Javier Carbajal, 24, of Red Wing with four felonies in connection with the incident near Bay Point Park on Tuesday, Nov. 22. 

The Bureau of Criminal Apprehension is continuing to investigate the incident, which the agency said was not captured on body-worn or squad videos cameras. 

The name of the deputy who shot Carbajal has not yet been released. 

According to the criminal complaint, officers were called to the intersection of Bay Point Drive and Levee Road at around 1 p.m. on reports of a white SUV crashing into a power pole at a high rate of speed. 

Charges state the deputy, an investigator with the Goodhue County Sheriff's Office, arrived at the scene first because he'd been at training nearby. 

The deputy radioed dispatch that he'd witnessed the crash, needed police to respond, and that he was going to make contact with the driver.

"Multiple officers continued to monitor radio traffic while responding to the location and heard the investigator radio that [Carbajal] was suicidal and that he needed more cars 'NOW!'," the complaint details, adding the investigator's voice was "clearly in distress." 

Dispatch advised that shots had been fired a short time later. 

The complaint states Red Wing Police Assistant Chief Travis Bray immediately recognized Carbajal when he arrived at the scene because of his time working as a school resource officer and coaching football at Red Wing High School. 

"Carbajal recognized the officer and stated 'I am sorry Bray; I didn’t want you to see me this way,'" charges allege. "Carbajal also stated, 'I did some real bad stuff, stuff that my family would not be proud of, I really messed up'." 

Carbajal was taken to a hospital for treatment on his injuries.

Investigators spoke to two witnesses who'd said they'd been walking at Bay Point Park and had seen the crash and the incident that followed. 

One witness reported they'd seen the unmarked squad car with its emergency lights on arrive within a couple of minutes, and saw Carbajal "screaming" at the deputy and being "aggressive" with his arms up, as if he was trying to challenge the deputy to a physical fight.

The witness said Carbajal immediately started chasing the deputy when he got out of the squad car. The deputy attempted to retreat and use his taser, but it "did not work." 

The deputy fired two to three shots from his handgun, the witness said. Carbajal fell to the ground after one shot, the witness said, but he then got back up and continued to chase the deputy.

Another witness told investigators Carbajal started "lumbering" away from the SUV after the crash. She said Carbajal seemed "very angry" and started yelling at the deputy while he was still sat inside his squad car. 

"[The witness] reported that the officer got out of the squad car, attempted to talk to the angry male, and lifted his hands in the air to signal to [Carbajal] that he just wanted to talk to him," charges state. "In response, [Carbajal] started chasing the officer while the deputy attempted to back away and continue to wave his hands in a non-threatening manner." 

The witness said she thought the deputy attempted to draw his taser. She added that there was a "physical altercation" between the two men and she believed Carbajal had grabbed the deputy a couple of times. 

The witness said she saw Carbajal fell to his knees after hearing the gunshots. He got back up, she told investigators, and then she heard another shot. She believed three gunshots were fired in total. 

The deputy allegedly sustained a broken foot in the incident, telling police investigators: "He just kept coming at me."

Witnesses noted Carbajal to be significantly larger than the deputy. Minnesota driver's license records noted in charging documents list Carbajal's height at 6 feet and weight at 435 pounds. 

Assistant Goodhue County Attorney Erin Lousie Kuester and Carbajal's attorney, Joseph Guilfoile Vaccaro, both said in court Monday that Carbajal was suicidal the day of the incident, The Post Bulletin reports

Carbajal told police he was driving at 90 mph at the time of the crash into the pole, though witnesses estimated it was closer to 50 mph.

Carbajal, who has been charged with third-degree assault resulting in substantial bodily harm and two counts of fourth-degree assault of a police officer, is set to appear in court for an omnibus hearing on Dec. 21. 

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