Community Reacts To Grand Jury Indictment

By KBJR News 1

October 1, 2010 Updated Oct 1, 2010 at 8:02 AM CST

This comes after an indictment by a grand jury yesterday in Hibbing.

Jason Musburger was originally set to be tried for 2nd degree murder in the shooting death of Ed Walberg Jr, and 2nd degree attempted murder of Cale Nelson and Larry Elj.

Minnesota law states that no one can be tried for first degree murder without first receiving an indictment from a grand jury.

"Mr Musburger was held on the charges that we brought initially which did not include first degree murder. But as we developed the case, assistant county attorney Bryan Simonson was able to make a determination that first degree murder would be a chargeable offense in this case," said St Louis County Attorney Melanie Ford.

Wednesday afternoon a grand jury in Hibbing handed down an indictment of first degree murder to Jason Musburger, along with two first degree attempted murder charges.

Last March Musburger allegedly walked into a crowded Chisholm bar and opened fire, killing Ed Walberg, and injuring Cale Nelson and Larry Elj.

Both victims of the shooting in March declined to go on camera, however Cale Nelson did say he is continuing to take the process one day at a time. Some people in the community believe Wednesday's indictment is just one step closer to seeing justice served.

"I mean he did wrong and that's it. People have to pay their way," said Marco Lubovich.

"I felt that all along it should have been first degree murder because he did plan what he was going to do," said Ritta Villani-Marcucci.

"He came in there with a gun with the intent of doing something, so it wasn't like he didn't think about it before he walked in there," said Dennis Novoselec.

"I didn't even know that it was only 2nd degree the first time through I thought it was 1st degree right off the bat because he came in," said Del Huhta.

Others around town praise the fight in Cale Nelson, who was given a 4 percent chance of living from his injuries of that night.

"God bless him he is a fine person. It's a sad scene when violence becomes a method of solving problems within our community," said Bob McDonald.

Musburger is scheduled to be arraigned on the new indictment Friday morning in Hibbing.

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