Appellant Ricky Waiters was indicted for first-degree murder and attempted first-degree murder based on allegations that he fired gunshots outside of a bar in Winona that killed one adult male and injured another. Waiters was charged with first-degree murder under Minn. Stat. § 609.195, subd. 3 (2018), for committing an intentional homicide during a drive-by shooting. During closing arguments, the prosecutor told the jurors to “look at the evidence” and not “let emotions” affect their decision. The jury found Waiters guilty and he was sentenced to life in prison. In responding to special interrogatories, the jurors concluded that Waiters intentionally discharged a firearm toward a person or an occupied building, but did not intentionally discharge a firearm toward an occupied vehicle.

On appeal to the supreme court, the issues include (1) whether the State presented sufficient evidence to prove that appellant recklessly fired gunshots at a building, and (2) whether the prosecutor engaged in reversible misconduct during closing arguments. (Winona County)