3 years later, tension over man killed by Fargo police takes toll on family

3 years later, tension over man killed by Fargo police takes toll on family
Source: INFORUM

FARGO -- One of Shane Netterville's brothers, Matt Netterville, knelt before his grave Tuesday, July 8, pressing a hand to the cool stone in a silent goodbye before departing from the 27-year-old's memorial ceremony on the third anniversary of his death.

Others stayed long into the evening, talking over the gravesite about how his loss still reverberates through their lives.

"I thought killing him would be the worst thing that they could do, and then it just progressively got worse and worse and worse and worse," Brittney French said.

Three years after Shane Netterville's death, his older brother, Ryan Netterville, says he is being "targeted" and "harassed" by the Fargo Police Department after repeatedly showing up to City Commission meetings to call for justice for his brother.

Shane "Snicks" Netterville, of Jamestown, was shot and killed by Fargo Police Officer Adam O'Brien on July 8, 2022, in a van outside an apartment building in the 3400 block of 15th Avenue South.

Police video of the shooting shows three officers responding to an apartment garage for a report of three people slumped over in a van inside a garage. Police drew their weapons when they saw a bullet hole in the windshield, North Dakota Attorney General Drew Wrigley said. Shane Netterville, who was in the driver's seat, put his hands up and down before starting the vehicle and driving out of the garage.

O'Brien, who was near the front passenger side, then shot Shane Netterville in the chest before jumping away from the accelerating van.

Both the Fargo Police Department and Wrigley declared the shooting justified.

At the time, Fargo Police Chief David Zibolski said O'Brien did a "phenomenal job under pressure," considering the tight constraints of the situation, and the shot fired across the van near other officers.

Local government boards grappled with Shane Netterville's death and the video of the incident for months.

His family and friends still seek an external, independent investigation into the shooting.

There weren't many tears at the memorial ceremony Tuesday, but the hurt among Shane Netterville's family and friends remained as sharp as the day he died.

"It's been three years, but it feels like five minutes -- underwater," French said. "The injustice of it is what feels so wrong, and there is no end in sight for it, either."

Ryan Netterville has been fighting for his brother since the shooting.

He often sits in the front row of Fargo City Commission meetings, using the public comment period to speak about Shane's death.

"He was my younger brother, man. Normally, back in the day, you just beat up the other kid that was messing with your younger brother. But no, you killed him," Ryan Netterville said.

A representative from the Fargo Police Department declined an interview for this story on Zibolski's behalf, noting Ryan Netterville has not filed a complaint with the department.

Ryan Netterville said he was "interrogated" by police officers twice in the last six months and singled out to be searched by officers as he walked into Fargo City Hall to attend a meeting in June.

After taking a break for most of 2024 to focus on his mental health, Ryan Netterville resumed attending Fargo City Commission meetings in January.

City commissioners expressed alarm during a work group meeting later that month, noting he was wearing a knife inside City Hall.

The blade in question is legal to carry in North Dakota as it does not constitute a dangerous weapon, which would be prohibited inside City Hall.

Commissioners fast-tracked new security protocols, installing rope barriers and positioning a police officer by the door and another directly behind the podium for public comment.

Further changes -- like banning weapons and putting in a metal detector -- are being considered.

Ryan posted a drawing of the security changes to his Facebook page, he told The Forum.

It wasn't long before a police officer came knocking on his door.

When he heard the officers at his door, he said, his first thought was of Shane's death.

He barricaded the entryway and called his parole officer, who relayed that police wanted to talk about the "suspicious" drawing officers saw on his Facebook page and ask if he was planning an attack. Ryan Netterville provided a recording of that conversation to The Forum.

"It just sounds like I'm being accused," he said in the recording. "I've made no threats. I've done nothing wrong. They don't need to be spying on my Facebook."

Later, he was visiting his parole officer related to a nonviolent charge in Clay County when three officers entered the room.

"I heard that metal door snap and then, 'Take your mask off and put your hands up,' and I was grabbed within, like, seconds," Ryan Netterville said.

Police took his phone, bag and other belongings and pulled his arms above his head, he said. He wears a tactical chest pack most everywhere that is stuffed with items like a drawing pad, flashlight and multitools.

Prominently displayed on the front of the bag is a photo of his brother.

Again, he said, he was questioned about whether he was planning an attack.

His items were searched and returned to him; officers told him weapons were not allowed inside the parole office.

On June 23, he was stopped by a police officer before entering a city commission meeting. In a video Ryan Netterville shared with The Forum, the officer explained he was checking with his supervisor to see if there were new safety procedures.

Ryan Netterville was asked about his knife, which the officer later determined was legal to carry into city hall. The officer remained calm and stood several paces away; a couple more officers arrived in the City Hall atrium during the interaction.

"You just want to harass me," Ryan Netterville said in the video.

This treatment isn't acceptable, family friend Karen Van Fossan said.

"One or two of the city commissioners noticed that Ryan had a knife and they felt scared," she said.

He should be able to attend city meetings without fear, she said.

"We're still calling for an independent investigation (into Shane Netterville's death)," Van Fossan said. "We're outraged that the city chooses to shift blame and concern to the family rather than accepting responsibility for what we consider a wrongful death. Shane should be alive and with us today."

In the years since his brother's death, Ryan Netterville's struggles with his mental health have worsened.

He lost well over 100 pounds, he said, and struggles to eat well or sleep without nightmares.

He spoke candidly to The Forum about his fear of death or jail after his recent run-ins with police, going as far as reserving the cemetery plot next to his brother’s.

"You guys (police) are mentally messing me up," he said. "Mentally, I was like, 'I am so gone.' All the therapy I've been in feels like it wasn't worth it."

Navigating life with PTSD can be difficult, he said, adding he is afraid he will be harmed or that he will harm someone else if he is grabbed or otherwise caught by surprise.

Being "manhandled" like this wouldn't happen if he wasn't a "big" man who is Indigenous, he said.

Ryan Netterville's dedication to his brother is admirable, family friend Tracey Wilkie said; not something to fear.

"I'd be so proud to have somebody fight for me the way he fights for his brother," she said. "You have a strong warrior spirit."

Standing over Shane Netterville's grave, his family and friends recited details of the day he died.

Lindsay Stroh said the video of his death plays in a loop in her mind.

"It's like when I'm watching a sitcom and, come every commercial break, I see that ... in my head," she said.

Her trust in the police has been shattered, she said.

French spoke up for law enforcement in general but said, in the aftermath of Shane Netterville’s shooting, a million things could have been done to make the situation easier for his family and friends.

His body was kept by the Bureau of Criminal Investigation for 12 days, she said, and it took the police department 52 days to release the bodycam footage.

Afterward, she said, Shane Netterville’s case was “yanked” around between several city boards, including the Police Advisory and Oversight Board, Native American Commission and Human Rights Commission.

Seeing nothing come of months of discussion was “devastating,” French said.

"He deserves to be talked about. He doesn't deserve for this to just be let go by any stretch of the imagination. So, no conversation was a wasted conversation, but it's disappointing that it wasn't addressed the way that everybody wanted it to be addressed," she said.

Tuesday’s memorial wrapped up slowly, with people drifting away from Shane Netterville’s grave one by one.

"He shouldn't have died," Ryan Netterville said before walking away.