By Keighla Schmidt, Staff Writer 

A jury trial for Harold “Bucky” Glenn Linville was scheduled to start next week, almost two years to the date of a drive-by shooting that rattled a quiet neighborhood just off County Road 42.

But in the past two years, the case has been pushed back for various reasons, including requests from both the prosecutor and defense attorney, and the addition of two felony charges against Linville for being in possession of a firearm.

The most recent delay came as a result of an agreement between the defense and prosecution. The case has been continued for three more months because of a settlement conference in another county, according to Linville’s lawyer, Thomas Bauer. Harold "Bucky" Linville

“There is an appellate court matter involving him (Linville) and the appeal of a Dakota County case pretrial,” Bauer said. “He has business in Dakota County that is up in the appellate-court level that needs to be resolved before we go forward with this case in Scott (County). So the prosecutor and I both agreed that it was inappropriate to go to trial right now.”

Scott County Attorney Pat Ciliberto said Linville’s “business” was a felony charge against him and he was found in possession of firearms – a direct violation of his bail. “Scott County didn’t oppose (the delay) because if the defendant isn’t successful with his appeal, he will have a prior felony conviction, which could be used in our case,” Ciliberto said.

Scott County Prosecutor Kathleen Laughlin said there was no one reason the case has been repeatedly pushed back, but there have been many changes. Additionally, she said, the county’s plan was to go ahead with the case at the end of July.

“We are still going forward with this,” she said before the most recent trial date was pushed back.

Linville, now 23, is accused of driving a blue Ford Ranger past 14553 O’Connell Road while his passenger, Steven No, shot at people outside the home four times.

According to the criminal complaint, Linville and No, now 21, had an altercation with one of the people visiting the home a few weeks before and after seeing him while driving on July 27, 2006 they allegedly went after him. The intended victim drove his car to a friend’s home on O’Connell Road when Linville and No followed him and eventually shot at the home with five people outside and two inside.

Both Linville and No “are known to be associates of the Royal Cambodian Bloods street gang,” according to the court documents. In spite of that statement in court records, police have denied the shooting was gang related.

On July 31, 2006, a $50,000 bond was posted for Linville and one of the conditions of the bail included no contact with the victim or his family.

The intended victim’s father, however, has said even if contact hasn’t been made, there has been in impact. “Increased home security has been mandatory,” he said. “I took a course to carry a concealed weapon – which I now do daily … that’s a direct result of that day.”

He said the reason for carrying a gun now is in case someone decides to show up on a job site where he and his sons work, he’d “be able to take care of them and myself.”

When the incident first happened, the father said he was sure the incident was gang related, even if police wouldn’t confirm that notion.

“There’s a little clique or a gang, in the Lakeville/Farmington area,” he said. “They may not be affiliated with Minneapolis (gangs), but they’re of the same mentality.”

Court files indicate Linville has two felony convictions since being released on bond from the shooting case.

In a Dec. 29, 2006 letter from the prosecutor’s office to Bauer, the state wrote in July 2006, that Linville “was involved in a physical altercation with the same victims in this case in the Lakeville area. The assault by (Linville) included the use of baseball bats and a handgun.” Additionally, the letter continued, in December 2006, Linville, “a convicted felon, was stopped in Dakota County and was found to possess a loaded pistol. The defendant has been charged with felony, felon in possession of firearms. The case is currently pending.”

Court documents for that incident say Linville was pulled over for not having a front license plate when police found loose rounds of ammunition in a plastic bag in plain view behind the driver’s seat, a stolen Kimber .45 caliber pistol with five rounds in the magazine and one in the chamber. An additional 281 rounds of ammunition were found in the car.

Linville was arrested and an additional $25,000 bond was posted for his release. An explicit additional condition of his bail was “no use or possession of firearms.”

But just five months later, Linville was arrested in Dakota County when he was pulled over on a traffic stop and a loaded handgun was found in his car. The prosecution indicated in a June 21, 2007 letter to Bauer they plan to use this as evidence as well against Linville. 

In a settlement agreement on July 9, 2007, no agreement was made and a day later another $25,000 bond was posted.

“There are multiple strong points for us,” Laughlin said. “There’s not one thing I can pinpoint it to.”

In February, Bauer submitted a list of two alibis he intends to use as witnesses in his defense. The prosecution has over 30 witnesses lined up, including 12 members of the Savage Police Department.

A contested omnibus hearing for Linville’s counterpart, No, is set for Aug. 13.

 Keighla Schmidt can be reached at kschmidt@swpub.com.