Drive-By Shooting Re-Sentencing 16 Aug 13

A 19-year-old Madison Lake man serving time in prison for a drive-by shooting in Mankato last year will be re-sentenced for the crime thanks to the Minnesota Court of Appeals. Alexander Marxen pleaded guilty to felony drive-by shooting and 2nd-degree assault for firing several shots towards a group of people near Mankato West High School in March of 2012. He had claimed to have only fired one shot into the air at the time. No one was injured in the incident, and 5 other charges against Marxen, including 2 counts of attempted murder, were dismissed in exchange for the plea. He was sentenced to 36 months for the assault charge and then 66 months for the drive-by-shooting, but the appeals court has now reversed that decision and ordered that he be re-sentenced because typically a court will sentence a person in the order the crimes were committed. During the initial sentencing, the Blue Earth County judge had ruled that the assault happened first, but the shooting had actually occurred first.