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Crime, Law and Justice
MPR News Staff

Man whose previous murder sentence was commuted faces new criminal charges

Myon Burrell
Myon Burrell is photographed at his home in Minneapolis on Dec. 17, 2020, two days after his release from prison.
John Minchillo | AP 2020

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Updated: 3:37 p.m.

The Dakota County attorney’s office has charged Myon Burrell, 37, with illegal possession of a gun and drugs stemming from a recent traffic stop in Robbinsdale, Minn. Burrell is prohibited from possessing firearms after he was convicted in 2008 for the murder of Tyesha Edwards, an 11-year-old girl who was struck by a bullet while she sat in her Minneapolis home in 2002. 

Burrell was a teenager when he was arrested and convicted of first-degree murder.

His sentence was commuted in 2020 after investigative reporters uncovered flaws in the police investigation which resulted in Burrell’s incarceration. 

Burrell maintained his innocence and during a 2020 appearance in front of the state pardon’s board said his request for a pardon and commutation “is not in any way, shape or form me trying to minimize the tragedy of the loss of” Tyesha Edwards.  

According to the charges, Burrell was pulled over around 11 a.m. on Aug. 29 after an officer observed his vehicle cross the center line and exceed the speed limit. Prosecutors say police detected what they believed to be marijuana smoke coming from the vehicle and suspected Burrell was impaired. Police say they found a handgun and illegal drugs in the SUV and said there was no one else in the vehicle Burrell.

The Dakota County attorney’s office made the charging decision to avoid potential conflicts of interest with the Hennepin County Attorney’s office. Burrell made a first appearance this afternoon.

Burrell’s attorney Paul Applebaum says he has questions about the legality of the police stop, search and seizure. He said Burrell did not give the officer consent to search the SUV. 

“Because the new state laws [on marijuana] have just been passed about a month ago, I’m sure there isn’t a lot of law on whether just the smell alone would give you permission to search a car without consent,” said Applebaum. 

Applebaum says Burrell was “off paper” meaning he was not subject to any post-release restrictions after his sentence was commuted in 2020.  However, he says the prior murder conviction makes gun possession a felony for Burrell.  

“What if that conviction is invalidated?” asked Applebaum. ”There’s a conviction review board that’s been set up to review convictions for their integrity. What if, in the near future that review board invalidates his conviction — and that takes away the predicate for him being a felon?”

Applebaum said that would make the possession charge a misdemeanor, instead of the five year mandatory sentence for a felon illegally carrying a gun. 

When asked about the drug charges, Applebaum said it’s still too early to tell how he’ll approach that defense. Applebaum said his first order of business will be to get Burrell out of jail, where he’s been kept since his arrest last week. 

This is a developing story; check back for updates.