In 1996, there had been a gang that had opened fire on a vehicle that was parked in front of an Amco Gas Station in St. Paul, MN. They thought this vehicle contained members of a rival gang inside of it. They were mistaken and, instead, murdered a four-year-old little girl.

Despite a large cash reward offered for any information that would lead to answers regarding this heartbreaking murder, no one said a word to the police for fear of retaliation from any of the gang members involved. The case ended up going cold.

 

In 2001, three gang members (Terron, Greg, and Maalik), were arrested for their involvement in a large, drug trafficking operation. The federal prosecutor, Jeff Paulsen, wanted to connect the drug conspiracy they were involved to the murder of the little girl.

Now, it’s essential to understand that the murder of the little girl by itself met the qualifications of a state case only. But, the drug trafficking operation was a federal crime, making it under Jeff Paulsen’s jurisdiction. So, he attempted to connect the two crimes, in order to exploit legal loopholes that would make the both of them federal crimes, so he could legally take on the case of the child’s murder. 

So now, with Terron, Greg, and Maalik facing various lengthy prison sentences ranging from 10 years to life in prison, they were offered plea deals in exchange for information about who had murdered the girl at the Amco Gas Station. They claimed it had been members of their own gang, one that Timothy was also a member of, without any evidence or proof that any of them had any connection to her murder. (Yes, his own gang sold him out. Why? Probably because Timothy and Terron didn’t get along. It could also have be due to the fact they knew how hard he took it when he found out about the little girl’s murder. I don’t think we’ll ever know, which makes this all the more haunting.) But, as long as they handed over any names, along with an agreement to testify against them in court, Jeff Paulsen just needed to find a way to connect Timothy, Kamil, and Keith to the drug conspiracy to make it a federal case legally. (As mentioned above.) However, he was unable to connect the two cases, meaning that he couldn’t pursue the case legally. But, he still ordered the Feds to arrest Timothy and his co-defendants to arrest them all without federal jurisdiction. Making their arrests unlawful.

Timothy's public defender, Keith Ellison (who is now the Attorney General for Minnesota), arrived 30 minutes late for the first day of trial, and the judge involuntarily waved Timothy's right to counsel. 

*Yes, definitely illegal! He never asked Timothy, “Mr. McGruder, would you like to proceed without your attorney present,” or “Mr. McGruder, did your attorney make sure that you’re aware of your rights?” 
He just continued to proceed with the trial.

During this time, Kamil’s public defender had filed a motion to dismiss the case because Jeff Paulsen hadn't found a way to connect them to the drug conspiracy, leading them to be arrested without federal jurisdiction. The judge asked if that were true, and Jeff Paulsen not only admitted to it but used the excuse that it "didn't negate that the drugs were there."

Jeff Paulsen not only admitted to it but used the excuse that it "didn't negate that the drugs were there." (Which meant they had been arrested based on a REFERENCE, not a crime.)

The evidence against Timothy was purely circumstantial. Timothy’s alibi was rock solid, and had witnesses who testified in his behalf. His star witness was his cousin Kevin, who was by Timothy’s side the entire night. (No, Timothy wasn’t even there when the crime had occurred!) 

Jeff Paulsen proceeded to attack Kevin’s credibility, falsely labeling him as a gang member. Keith Ellison should have objected and then pointed out that Kevin wasn’t the one on trial; Timothy was, and whatever criminal history Kevin may or may not have had was irrelevant to the case. Yet, Keith Ellison said nothing .

When Timothy was found guilty of a tragic crime he didn't commit, he was only charged with ONE crime, with a reference to another. Here are the preplexing charges: 18 U.S.C. 1959(a)(1) A Violent Crime in The Aid of Racketeering and 18 U.S.C. 2 Principle Aiding & Abetting, with a reference of 21 U.S.C. 841(a)(1) and 21 U.S.C. 846. The problem is that they were not supposed to reference the federal nexus (jurisdiction). (He was officially sentenced to life without parole in December 2022.)

This is the question that must be posed: "Can the government just reference the required federal nexus?"

The answer is no. So that begs the question, why has Timothy been in federal prison for the last 25 years for a crime he not only had no involvement in but has been allowed by the federal government to be illegally incarcerated this entire time as well? Why was the judge allowed to get away with involuntarily waving Timothy’s right to counsel?

I, Sarah DeArmond, Timothy McGruder’s legal advocate, am asking you to please sign and share this petition so we can get the word out about this injustice that had not only been committed against Timothy but, most importantly, the little girl who was murdered. (She’s the real victim in all of this.) Hopefully, the real killers will be found by bringing this all to light.

Timothy, is a mentor to the other prisoners, takes part in group therapy classes in order to address his trauma, has found healthier ways to control his anger (in all the years I’ve been his advocate, he’s never even snapped at me, & I never would’ve guessed that he used to lose his temper much more easily), and has remained an active and loving father and grandfather. His son and his grandchildren are his whole world.

Note: No one condones the fact that Timothy was in a gang, and Timothy will be the first to tell you that it’s the biggest mistake of his life. While he certainly deserved a few years in prison, it shouldn't have ever been for this crime. He is not the same person he was and has made great progress. (None of us are the same people we were 10 or 15 years ago. We grow and evolve. Timothy shouldn’t be exempt from that. But, I digress…)

Let’s bring Timothy, a loving and active father and grandfather, back home to his family, who all miss him terribly.

Please sign & share this petition, & for more information on how you can help, please visit www.voicelessbehindbars.org