Jury finds Polk County man not guilty of second-degree attempted murder

Mar. 28—RED LAKE COUNTY, Minn. — A Fertile, Minnesota, man was acquitted on Thursday, March 28, of second-degree attempted murder, first- and second-degree assault and stalking.

The trial began in Red Lake County Court on Monday, March 25, and by 1:58 p.m. Thursday, the jury reached its verdict.

Oliver Jon Berhow, 29, was accused of shooting Cody Landrus above his right eye with a 9mm handgun on Nov. 8, 2021, according to a criminal complaint filed in the case. As a result of the shooting, Landrus was life-flighted to a Fargo hospital, placed into a medically-induced coma and ultimately had his right eye and a portion of his skull removed due to brain swelling.

Berhow was also accused of firing his gun at another man after shooting Landrus, and a separate case was filed with two related felony charges. The charges were dismissed Thursday, according to court documents.

When interviewed by law enforcement after the shooting, Berhow said he shot Landrus because the man had confronted him with a baseball bat, according to the complaint.

Law enforcement spoke with Landrus on Nov. 23. He said Berhow shot him in the head, but denied hitting him with a baseball bat. Landrus said he approached Berhow's vehicle and was shot. Berhow was also accused of stalking Landrus in the days leading up the shooting, accusing him and his friends of stealing Berhow's firearms, the complaint said.

Additionally, Berhow had pointed a handgun at him approximately one week prior to the shooting, Landrus said. Berhow was charged with an additional four crimes for this alleged incident in a separate case, however, the charges were all dismissed Thursday.

Berhow was acquitted of four felonies, however, he was convicted of misdemeanor driving while under the influence of amphetamine and methamphetamine.