by April Scheinoha
Reporter
The attorneys for a Thief River Falls man accused of killing a DigiKey employee have filed a notice, indicating that they intend to rely upon a defense of mental illness or deficiency. In addition to that defense, Jorge Luis Benitez-Estremera relies on the defense of not guilty.
Benitez-Estremera, 33, was indicted on felony charges of first degree murder – premeditated and second degree murder – intent. He is accused of intentionally killing Steven Opdahl, 61, Oklee, on May 9 outside of DigiKey in Thief River Falls.
In addition to the notice of defense, his attorneys seek to suppress all statements made by Benitez-Estremera on May 10. In particular, they seek to suppress statements made to Minnesota Bureau of Criminal Apprehension Special Agent Ricky Wuori and Pine to Prairie Drug Task Force agent Jason Cervantes. Assistant Public Defender Eric Gudmundson and Assistant State Public Defender Steve Bergeson seek the suppression since they have filed the mental illness defense and the state must “prove that the defendant knowingly, intelligently and voluntarily waived his Miranda rights” before giving a statement to authorities.
The motion and notice were filed in court Tuesday, Feb. 6. As of presstime Thursday morning, Assistant Minnesota Attorney General John Gross and Assistant Pennington County Attorney Scott Collins hadn’t filed their response.
Judge Tamara Yon is expected to consider the matter at Benitez-Estremera’s next court appearance Wednesday, Feb. 28.
The complaint stemmed from a 911 call at about 10:12 p.m. May 9. The caller stated that Opdahl wasn’t breathing and was lying on the ground in the designated smoking area on the east side of the building. Opdahl had suffered severe trauma to the left portion of his head. Next to his body was a parking pole with a sign. Blood was also visible in various areas near his body, and bloody clothing was found in a nearby garbage can.
About two hours later, law enforcement located Benitez-Estremera at a Thief River Falls apartment building.
Benitez-Estremera, who wasn’t employed by Digi-Key, is accused of assaulting Opdahl while waiting for his girlfriend to leave work. She said he told her that he had gotten into a fight with Opdahl when Opdahl was smoking near Benitez-Estremera’s car. He allegedly told her that he punched Opdahl because he felt a negative force from Opdahl. The woman wasn’t present during the assault. There was no indication that she ever saw Opdahl’s body.
The woman said Benitez-Estremera had “never been arrested for anything, never assaulted anyone or been violent towards her or anyone else.”
No one witnessed the three-minute attack, which was captured on surveillance video at the business. About 25 minutes after the assault began, a motionless Opdahl was found by a coworker.
The complaint indicated that Opdahl displayed no aggression to Benitez-Estremera. He walked around near Benitez-Estremera’s car and smoked his cigarette, ultimately standing in front of and facing Benitez-Estremera’s car. Benitez-Estremera then exited his car, knocked the cigarette away from Opdahl and threw Opdahl’s cup. He soon assaulted Opdahl, ultimately punching him about 17 times with most of the punches hitting him in the head. At one point, he allegedly grabbed Opdahl by the neck, pushed him toward the car and slammed Opdahl’s head into the windshield of Benitez-Estremera’s car, causing damage.
Opdahl tried to protect himself from the blows and, at different times, he could be seen exchanging words with Benitez-Estremera. He tried to run away several times. At one point, Benitez-Estremera allegedly whipped Opdahl around and threw him to the ground. On Opdahl’s second attempt to escape the attack, Benitez-Estremera chased him while holding the sign. Benitez-Estremera reached him, hitting him in the head with the top of the sign. Opdahl then fell to the ground and was motionless. Benitez-Estremera continued hitting him multiple times with the sign. The blows hit Opdahl’s head and neck area. He then threw the sign at Opdahl, put his sandals back on and returned to his car.
During the course of the assault, Benitez-Estremera also stomped on Opdahl’s chest twice, kicked him many times in the left shoulder area, dragged him backwards about four feet and attempted to twist his head.
For about 20 minutes, Benitez-Estremera remained in the area. Meanwhile, Opdahl’s motionless body remained nearby.