Updated: 02/21/2013 12:04 PM KSTP.com By: Leslie Dyste
An Oakdale man who police say randomly opened fire last Monday and killed a 9-year-old boy, had a motion hearing Thursday.
There are six charges against Nhan Tran, including second-degree murder with intent/not pre-meditated, second degree murder without intent while committing a felony and first degree assault.
According to the Washington County Attorney, the two charges of murder are alternatives. They are hoping to prove all of the charges, and let the jury decide what to rule on.
In Thursday's hearing, the prosecution requested a DNA test and the defense opposed it. The judge has taken it under advisement and will make a ruling at a later date.
According to the criminal complaint, Tran was using a 9mm handgun and was wearing a fanny-pack and a backpack. In his jacket pockets police found numerous 9mm bullets and magazines loaded. He also had two large knives in his backpack in protective sheets.
Tran admitted to police to shooting at least two vehicles, and admitted there may have been more vehicles behind them. He also admitted to police that he reloaded at least once.
Police say Tran legally owned the gun he used.
Thirty-nine-year-old Missy Aryal of Oakdale, was driving her minivan in the area while the suspect (Tran) was shooting. Both of her back tires were blown out.
One bullet hit Missy Aryal and multiple bullets hit her son Devin.
Missy Aryal pulled into the parking lot of Rainbow Foods, where witnesses say she got out of her van and began screaming for help.
She was wounded in the arm, and Devin was taken to Regions Hospital, where he was pronounced dead.
Missy Aryal was treated and released from the hospital.
A 68-year-old Oakdale woman in another vehicle had surgery for multiple gunshot wounds.
Tran's bond is set at $2 million.