ST. PAUL — The Ramsey County Medical Examiner’s Office has identified the man who died during a Aug. 28 use-of-force incident in West St. Paul as Jerry Va Thao, 42, of St. Paul. 

The Minnesota Department of Public Safety’s Bureau of Criminal Apprehension (BCA) has identified the police officer who used force during this incident. 

• Apple Valley Sgt. Sean Marben fired his department-issued firearm. He has eight years of law enforcement experience. He has been placed on critical incident leave by the Apple Valley Police Department.

Sgt. Marben is a member of the multi-jurisdictional South Metro SWAT Team that responded to this incident.

According to the BCA’s preliminary investigation, on Aug. 28 at about 11 a.m., St. Paul police informed West St. Paul police they intended to arrest Thao at a home on the 1200 block of Ottawa Avenue. Thao, who was wanted on multiple felony warrants and suspected of violating an order for protection the day before, was confirmed to be in the basement. Despite repeated requests from law enforcement, he refused to come out.

Over several hours, negotiators had limited contact with Thao, who began firing at officers, striking a ballistic shield and a SWAT vehicle. Officers continued attempts to communicate with Thao and deployed chemical irritants into the home but Thao remained inside.

Around 6:30 p.m., Sgt. Marben, positioned on a SWAT vehicle, saw Thao armed at the bottom of the basement stairs. Marben fired, striking Thao. Officers provided medical aid, and Thao was taken to a hospital where he was pronounced dead.

BCA crime scene personnel recovered two firearms, cartridge casings and a damaged ballistic shield. Officers were wearing body worn cameras that were activated.  

The West St. Paul Police Department requested the BCA investigate the use of force. Once the investigation is complete, the BCA will present its findings without recommendation on charges to the Dakota County Attorney’s Office for review.