The liberal district attorney of a Minnesota County has announced she will not pursue criminal charges against a state government employee who vandalized six Tesla vehicles, causing damages estimated at $20,000.

The vandalism, which took place mostly in downtown Minneapolis, was reportedly captured on video showing the suspect — Dylan Bryan Adams, a 33-year-old data analyst for Minnesota’s Department of Human Services — keying vehicles while walking his dog. The damages from each of the six incidents were described in police reports as meeting the threshold for felony charges. 

Instead of charging Mr. Adams, the Hennepin County Attorney’s Office (HCAO) office will seek “pre-charge diversion,” a move that has sparked controversy and frustration among law enforcement and the victims of the vandalism.

“Our main priorities are to secure restitution for the victims and hold Mr. Adams accountable,” Daniel Borgertpoepping, a HCAO spokesman, said in a statement, CBS News reported. “As a result, we will file for pre-charge diversion to best facilitate both of those goals. This is an approach taken in many property crime cases and helps to ensure the individual keeps their job and can pay restitution, as well as reducing the likelihood of repeat offenses. Criminal prosecution remains a possibility should unlawful behavior continue.”  

Minneapolis Police Chief Brian O’Hara was not happy. “The Minneapolis Police Department did its job. It identified and investigated a crime trend, identified, and arrested a suspect, and presented a case file to the Hennepin County Attorney Office for consideration of charges,” he said.

“This case impacted at least six different victims and totaled over $20,000 in damages. Any frustration related to the charging decision of the Hennepin County Attorney should be directed solely at her office. Our investigators are always frustrated when the cases they poured their hearts into are declined. In my experience, the victims in these cases often feel the same,” Chief O’Hara said.

Robert Paule, Mr. Adams’ lawyer, applauded the prosecutor’s decision. “My client is very remorseful for his actions and is beginning the process of making sure the victims are made whole financially,” he said. “We are grateful for the Hennepin County Attorney’s Office exercise of prosecutorial discretion, and apologize to the victims and law enforcement.”

The vandalism case comes on the heels of heightened scrutiny over public figures’ remarks regarding Tesla. Mr. Adams’ arrest was reported about a month after Tim Walz, the Democratic governor of Minnesota, during a rally in Wisconsin, joked that watching Tesla’s declining stock price gave him “a little boost during the day.  

The decision comes amidst broader criticism directed at Hennepin County Attorney Mary Moriarty, who has faced backlash for her prosecutorial choices since assuming office in January 2023. 

She has faced public scrutiny for her handling of two high-profile cases during her time in office. During her first week in office, Ms. Moriarty dismissed charges against a 35-year-old man accused of raping a teenage girl. 

She also made headlines for her controversial role in the murder case of 23-year-old Zaria McKeever. The prosecutor was removed from the case after offering lenient sentences to two teenage defendants charged in the killing. Both defendants were originally set to be tried as adults, but prosecutors offered probationary deals in exchange for their testimony against Ms. McKeever’s ex-boyfriend, who was accused of hiring them.