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Matt Sepic

Judge tosses case against man in drive-by death of son

Jones' casket was put onto a horsedrawn carrage
The casket of 2-year old Le'Vonte King Jason Jones was put onto the horsedrawn carriage in front of Bethel Christian Fellowship church.
Chris Juhn for MPR News

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A Hennepin County judge on Thursday dismissed murder charges against a Minneapolis man whose young son was killed in a drive-by shooting.

Le'Vonte King Jason Jones, 2, was shot to death July 8 in north Minneapolis. He was riding in a minivan driven by his father, Melvonte Lee Peterson, 25, when someone in another vehicle opened fire on them at the intersection of Penn and Lowry Avenues. Peterson's 1-year-old daughter was injured in the shooting.

Prosecutors say Peterson shot back. They charged him with felony murder, manslaughter, child endangerment, and child neglect.

But Judge Regina Chu dismissed those counts, saying Peterson did not fire the fatal shot, and it "defies common sense" to hold him responsible.

In her order, Chu wrote that Peterson's "decision to take his children in the van that fateful day merely accounted for their presence; that decision did not directly cause the children's harm."

Peterson still faces felony charges of drive-by shooting and being a prohibited person in possession of a firearm.

Chuck Laszewski, a spokesman for Hennepin County Attorney Mike Freeman, said prosecutors are reviewing the opinion and considering their options.