Michael Zabawa

Background

Michael Zabawa was a Minnesota man who lived in Matawan, and he worked at a hog farm in Waseca County. His employer and co-workers described him as responsible and skilled, with no reason to think badly of him, and they said they had never seen indications of mental problems or violence.

Zabawa’s criminal history included a gross misdemeanor theft conviction and two DWI charges. He was charged with shoplifting in 2001 in Freeborn County and drunken-driving in Steele County in 2004 and Waseca County in December 2006. In 2004, he was convicted of felony theft and criminal damage to property in Lake County, according to state court documents.

Zabawa denied knowing the Kruger family and authorities said he did not know them.

The offence

On Feb. 3, 2007, Michael Zabawa broke into the home of Tracy Kruger and Hilary Kruger near Waseca, Minn. Zabawa was accused of breaking into the home after his pickup truck got stuck in a nearby ditch and attempting to retrieve help after he stole and tried to use the Krugers’ SUV to pull the vehicle out.

Tracy Kruger, 40, and his son, Alec Kruger, 13, died from multiple gunshot wounds. Hilary Kruger, 41, was shot in the upper torso and remained critically wounded for a period described as still recovering from the wounds she received. Their younger son, Zak, was staying at a friend’s house the night of the shootings and was not at home.

Hilary Kruger testified that she was shot first while she lay sleeping with her husband. She said Tracy Kruger tried to pull the mattress up to protect them and was then shot. She told the jury that she could see her husband’s face was speckled and that she watched as her son was killed. She said she could not identify the shooter because it was dark, stating she only saw the silhouette of a tall, thin person wearing a winter hat and holding "a long gun like a rifle or a shotgun."

A 911 call from Alec Kruger included Hilary Kruger moaning in pain in the background. During the call, Alec Kruger said: "Please come to our house. I don't know what's wrong, but something is happening. Someone's been shot, please hurry, please hurry." The call continued until he said his mother and father had both been shot and then another shot rang out and the line went dead.

During interrogation, Zabawa said he went into the Krugers' home looking for help after his truck got stuck in a ditch outside. He said he was confronted by Tracy Kruger in the hallway of the second floor, struggled, and Tracy Kruger pumped the gun. Zabawa said: "That's when I turned around and grabbed it, grabbed it so he wouldn't do anything." He said: "Then I got it away from him and it went off." He said after that he went downstairs to leave, and that he saw the Kruger’s 13-year-old son, Alec, when he dropped the gun and it went off again. Zabawa said: "I didn't know it hit him." Zabawa then said he left the house and stole the Kruger's SUV.

Investigation

Evidence was gathered and searches were conducted that included bloody clothes and shoes taken from Michael Zabawa’s bedroom in February. Waseca County Deputy Doug Gerdts testified at a pre-trial hearing Friday that there were blood-stained gloves and clothing, including a jacket that had been stuffed behind a shelf. Gerdts said shoes with treads matching tracks left near the Kruger house south of Waseca and between a stolen pickup and Zabawa’s mobile home in Matawan were found in the bedroom’s closet. Gerdts also testified that a hair investigators suspected belonged to one of the victims and a set of keys matching the make of the stolen pickup outside were taken from the room during the search.

Deputy Doug Gerdts was the deputy in charge of getting several search warrants approved by a judge after three members of the Kruger family were found shot in their home on Feb. 3.

Investigators identified the suspect as Michael S. Zabawa. Authorities said investigators traced a pickup truck in a ditch outside the Krugers’ home to Zabawa and took him into custody about 7:30 a.m. Saturday. Investigators also found the Krugers’ neighbor’s truck and got a warrant to search it.

At hearing, Zabawa’s attorneys questioned whether information from some of the searches and the statement Zabawa gave to police before he was arrested should be admissible at trial. Christine Funk was Zabawa’s lead attorney and also requested a change of venue. Assistant Minnesota Attorney General William F. Klumpp said he wasn’t going to challenge a change of venue request, and discussed the impact of the murders on potential jury pools drawn from Waseca County.

During the pre-trial hearing, Zabawa’s attorneys questioned Michael Anderson of the Minnesota Bureau of Apprehension and Waseca County detective Trevor Kanewischer about interviews of Zabawa after the murders. Zabawa had been brought to Waseca’s city offices for questioning after he was found at his home the morning of Feb. 3, and he was not officially arrested until after noon that day. According to transcripts and recordings, Zabawa never asked for an attorney during the hours of questioning. Raj Saker and James Martin were Zabawa’s two other attorneys.

Anderson testified that Hilary told investigators she was the first victim shot. Anderson said Tracy was shot next while trying to block the blast with a mattress and Alec was shot after he called 911. The investigators hesitated to directly say Zabawa was in their custody but acknowledged they joined Zabawa during trips to the bathroom and outside to smoke a cigarette.

Arrest

Authorities traced a pickup truck that had been stuck in a ditch in front of the Krugers’ home and took Zabawa into custody about 7:30 a.m. Saturday at his home in Matawan. Alec called 911 shortly before 3:30 a.m. and authorities said dispatch heard gunshots and the line went silent.

At trial, jurors watched a videotape of state Bureau of Criminal Apprehension agents interrogating Zabawa five hours after the shootings. In the first three hours of the interrogation, Zabawa denied entering the Krugers' home, but eventually said he went in.

Trial

The trial was moved to Olmsted District Court due to pretrial publicity in the Waseca area. A jury found Michael Zabawa, 26, guilty on all 12 felony counts, including two first-degree murder counts, in connection with the shootings. The courtroom was packed with relatives and supporters of the Kruger family as the jury foreman read the verdict. Zabawa's aunt and uncle were also there and had attended the entire trial.

Jurors got the case Thursday evening and deliberated for about 4 hours, then resumed deliberations Friday morning and reached a verdict within an hour of meeting. The jurors were sequestered in a hotel overnight.

Hilary Kruger testified that she could not identify the shooter because it was dark and that she only saw a silhouette described as tall and thin, wearing a winter hat and holding "a long gun like a rifle or a shotgun."

Jurors heard about a 911 call from Alec Kruger, and Hilary Kruger also testified about her account of the shooting sequence.

Sentencing

Judge Joseph Bueltel began the sentencing hearing shortly after the verdict. Bueltel sentenced Zabawa to two consecutive life sentences, with no possibility of parole, for the Feb. 3, 2007, shooting deaths of Tracy Kruger, 40, and his son, Alec, 13.

Zabawa was also sentenced to 216 months for shooting and injuring Tracy Kruger's wife, Hilary.

Appeals

No appeals were described.

Outcome

Michael Zabawa was sentenced to life in prison with no possibility of parole following conviction on all 12 felony counts, including two first-degree murder counts, for the Feb. 3, 2007, shooting deaths of Tracy Kruger and his son, Alec.