A Rochester man fired dozens of rounds from an AR-15 rifle inside a home while intoxicated and talking about suicide, leaving bullet holes throughout the residence, according to charges.

Benjamin Michael Duchsherer, 22, faces a charge of reckless discharge of a firearm within a municipality, according to a complaint filed Thursday, September 10 in Olmsted County District Court.

Officers responded to a home in Rochester at about 11:28 p.m. on September 7 after a report of a person firing a weapon inside the residence. An adult female witness told officers that Duchsherer was home on leave from the military and had been drinking with her and another adult. She said Duchsherer became intoxicated and upset, left the house on foot and later returned while she was out looking for him.

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The witness said that when she returned, Duchsherer stated he wanted to kill himself and that his life was over. She reported seeing him aim a firearm at the floor and strike the wall with his hand. She then showed officers two holes in the living room she believed were caused by the firearm. Officers seized a Ruger AR-15 rifle from the home.

A second witness told officers that Duchsherer had tried to fight him earlier in the evening but calmed down. The witness said Duchsherer became angry when told he could not have more alcohol, left on foot and later returned to retrieve his AR-15 and ammunition. The witness watched from the stairs as Duchsherer stood in the living room, pointed the rifle at the floor and fired multiple rounds. He estimated Duchsherer fired 28 rounds, noting there was one round left in the chamber and magazine.

Officers observed about 20 to 28 bullet holes or impact points throughout the home, including one through a television and several in an upstairs bedroom wall at floor level.

A third witness said he received a text that shots had been fired and drove to the home to help. He described Duchsherer attempting to run upstairs toward another rifle in a closet before being restrained on the bedroom floor for about an hour to calm him down.

Officers spoke with Duchsherer at the residence. He denied struggling or needing help, saying he was in a sound state of mind but nervous about the police presence. Duchsherer was transported to Saint Mary’s Hospital on a transport hold and was arrested the following day.

About This Charge

Minnesota’s weapons offenses include § 624.713 (felon in possession of a firearm, five-year mandatory minimum for a prior crime of violence), § 609.66 (dangerous weapons, including drive-by shooting at § 609.66 subd. 1e) and § 609.165 (firearm restoration after a felony). Discharge of a firearm within a municipality is charged under § 609.66 subd. 1a.

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Jurisdictional Context

Olmsted County encompasses Rochester and is served by the Olmsted County Attorney’s Office through the Third Judicial District. Felony cases are heard at the Olmsted County Government Center in downtown Rochester.