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Oct 06, 2023

Judge orders year in jail/probation for St. Paul man convicted in fatal stabbing over parking spot

A St. Paul man found guilty of fatally stabbing a man during a parking dispute on the East Side in 2021 will not serve time in prison.

Ramsey County District Judge Leonardo Castro on Wednesday gave Brian Harry Kjellberg a year in the county workhouse and 10 years of probation for killing 27-year-old Arnell Jermel "AJ" Stewart with a single stab to his chest on Dec. 2, 2021.

Castro initially sentenced Kjellberg, 51, to a 12½-year prison term, which was the presumptive sentence, but then stayed the time on the condition that he complete terms of his probation, which includes 150 hours of community service in years 2 through 4.

Castro said the "compelling reasons" for the dispositional departure from the presumptive sentencing guidelines include: Kjellberg is particularly amenable to probation; the risk assessment did not identify any areas of concern; and no prior criminal history. He also noted how Kjellberg, a Navy veteran, has physical and mental disabilities that require regular treatment.

"This has not been an easy decision. I would say perhaps one of my most difficult," Castro said before issuing the sentence. "I’ve struggled in finding the correct balance of proper punishment given the circumstances of this case."

After a three-day trial, jurors deliberated for about two hours on March 30 before finding Kjellberg guilty of second-degree unintentional murder.

Prosecutors said Kjellberg, fed up with people parking on the property at his home, which is a former fire station, argued, then fought, with Stewart, who had parked his Mercedes SUV in an area Kjellberg had marked with no parking signs.

Kjellberg told police investigators, and also testified at his trial, that he was acting in self-defense, that Stewart punched him several times during the confrontation and so he stabbed him with what he described as a "tire deflator," a sharpened piece of quarter-inch steel pipe, to fend him off.

The pipe punctured Stewart's heart, and though he was alive when police arrived, he died on the operating table at Regions Hospital, having lost too much blood.

Stewart grew up in Chicago and had been living in Georgia in recent years. He had parked on Kjellberg's property while visiting friends in a house nearby.

"I will say that the death of Mr. Stewart was senseless, petty and certainly preventable," Castro said. "Both the defendant and the victim made decisions that evening that changed the course of their lives forever — and ended a life."

Castro said a mother lost a son, siblings lost a brother, many lost a friend and "the community lost another young man. And for what? A parking spot. The tragedy of this senseless event is beyond measure."

Police responded to a 911 call around 8 p.m. reporting an assault in the 1700 block of East Seventh Street. The caller, Kjellberg, told dispatchers that a Black man was trying to take his own car and that he refused to let him take the car and was fighting with the man. Officers found Stewart barely alive with a small puncture hole to his upper chest.

Kjellberg explained to police that he had purchased the property at 1720 E. Seventh St. seven years ago. Since then, he had been in a battle with neighbors who, he said, continued to park on that property despite his no parking signs and despite him calling the police multiple times.

Shortly after 7 p.m., Kjellberg saw the Mercedes SUV parked on his property. He said he waited 10 minutes for the owner to return before calling the non-emergency police number to get the car ticketed. He then called a towing company.

When Stewart came to get his car, Kjellberg said he told him to stay off his property, and Stewart replied that he needed his vehicle. Kjellberg advised Stewart that the police and a tow truck were on the way.

Kjellberg said Stewart swore at him and continued to his car. When Kjellberg approached, he said Stewart punched him four or five times.

Kjellberg had a piece of quarter-inch stainless steel pipe sharpened to a point in his coat. He took the pipe out and hit Stewart in the chest, the criminal complaint said. Kjellberg said Stewart punched him one more time, causing him to fall.

When asked why he just didn't let the man take the SUV, Kjellberg told police that he wanted it ticketed and towed so the problem wouldn't recur.

Stewart's mother, Tabitha Coleman, addressed the court at Kjellberg's sentencing, saying "he took my first son, my first everything. And you took him for no reason."

She said her mother and Stewart's stepfather both died "right after this, they couldn't make it from the pain. And left me here to make sure the job was finished in telling how remarkable AJ was."

Kjellberg's right hand shook as he stood before the judge to hear his sentence.

Stewart's mother held her head in her hands as it was read. She cried.

Outside the courtroom, when asked for her reaction to the sentence, she said, "I’m beyond disappointed. 365 days. This is treacherously heartbreaking."

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