ROCHESTER, Minn. (FOX 47) — A shooting in Southeast Rochester Sunday morning left a man with five gun shot wounds.
The man accused of pulling the trigger, Abdusalam Hussein is now facing second-degree assault charges.
That now has some wondering why he’s not charged with attempted murder.
“Second degree assault is a very serious charge. It involves assaulting somebody with a weapon, in this case a firearm,” Olmsted County Attorney Mark Ostrem said.
According to the criminal complaint, Hussein told officers that the victim disrespected him at a party so he later went into the victim’s house Sunday morning to confront him.
He shot the victim four time in the legs with a fifth bullet grazing his hand.
“It doesn’t appear at least on that initial review that Mr. Hussein came in with an intent to try and kill somebody. He certainly came in intending to hurt somebody and that is more consistent with second degree assault,” Ostrem said. “In this case had he killed the victim, it would of been 2nd degree murder because he was committing an assault and the victim died.”
The victim is expected to survive.
Ostrem explained the distinction between second degree assault charges and second degree attempted murder charges.
“He certainly came in intending to hurt somebody and thats more consistent with second-degree assault,” Ostrem said. “The information we have in the report so far do not indicate this intent to murder.”
Although Hussein is facing second-degree assault charges, his unconditional bail was set at $500,000 and Ostrem said there is a reason for that.
“We believe Mr. Hussein is a significant risk to public safety and also significant risk to leave the jurisdiction should he be out on his own,” he said.
The second-degree assault charges hold a minimum of three years and a maximum of seven years in prison.
Ostrem says there is a mandatory minimum in the case due to Hussein’s past criminal history.
Hussein is due back in court January 6th, 2020.