ALONG THE GUNFLINT TRAIL, Minn. (AP) — A highway accident involving a U.S. Border Patrol agent, that killed a local doctor, has inflamed tensions between residents in this far northern corner of Minnesota and the federal agents that patrol the nearby international border.
The ranks of Border Patrol agents have swelled since the 2001 terrorist attacks, making them a more visible presence in places like the Gunflint Trail, the 57-mile paved highway that snakes north from Lake Superior into the wooded Boundary Waters wilderness.
The Gunflint Trail is populated by rustic resorts, wilderness outfitters, bed and breakfasts and both seasonal and permanent residents. One was Ken Petersen, a 67-year-old doctor who last October was on his way home from church choir practice in Grand Marais when a tree that had fallen onto the Gunflint Trail blocked his path.
Petersen had a chainsaw in his vehicle, and he went to work slicing up the tree. But within seconds an SUV coming in the other direction hit the tree at about 50 mph, bounced over it and struck Petersen, inflicting massive injuries.
Friends of Petersen told the Star Tribune it's not uncommon to see a driver stopped along the road to clear fallen trees. The paper reported that the section of the road where the accident happened is a straightaway, and that visibility was good that night.
In April, a Cook County grand jury — the first to be empaneled in many years — indicted Border Patrol agent Maranda Weber, 27, on misdemeanor charges of careless and inattentive driving.
Weber, who was transferred to Grand Forks, N.D., after the accident, refused to appear on the charges. Through an attorney, she claimed immunity as a federal officer and is trying to transfer the case to U.S. District Court — saying she wouldn't be treated fairly in Cook County because of hostility toward the Border Patrol.
Cook County Attorney Timothy Scannell said Weber refused to be interviewed or appear before the grand jury, and that the agency refused to provide basic information like how many hours she'd been working before the accident.
"I'm not the prosecutor from hell trying to ruin her life," Scannell said. "From what I hear, she's young, bright, energetic — no slouch.
"But somebody ran somebody over and killed him, and I don't like all this federal 'X-File' stuff. It doesn't smell right. It doesn't feel right."
Weber's attorney, DeWayne Johnston of Grand Forks, told the Star Tribune neither he nor she would be interviewed for the story. He didn't immediately respond to a phone message Sunday from The Associated Press. A phone number for Weber could not be located.
The public affairs officer for the Border Patrol region that includes Minnesota and North Dakota didn't return an e-mail Sunday from the AP. The agency declined to comment to the Star Tribune, citing policy and the pending status of the case.
Scannell said his investigation was aided by a so-called "black box" feature on the SUV that recorded key readings from the vehicle in the seconds before it struck the tree. Scannell said the computer showed the SUV did not swerve, brake or slow before hitting the tree and Petersen.
The prosecution maintains that at Weber's recorded speed of 50 mph, and given measurements taken at the site, she would have had at least 12 seconds to react to the fallen tree.
No alcohol or drugs were found in a blood sample taken from Weber after the accident.
"I don't know if we'll ever understand because we didn't get her side of the story," Cook County Sheriff Mark Falk said.
Falk said the case is a "frustrating" departure from his normally good working relationship with the Border Patrol.
"They've been very helpful in backing us up in dangerous situations, and they're always ready to help in emergencies, directing traffic or whatever we need," Falk said.
"As local officers, we have to be very accountable to the public," Falk said. "But with them, there are all these big secrets. There seems to be a lack of public accountability."
Falk said he met Weber once and found her "personable and professional."
Some residents of the Gunflint Trail area have long harbored some resentment toward federal agencies, which for decades have closely managed the Boundary Waters Canoe Area Wilderness and Superior National Forest. The Border Patrol are only the latest federal agents to come in from outside and establish a visible presence.
Some Gunflint Trail residents and business owners told the Star Tribune that Border Patrol vehicles were often seen speeding. "It was like they didn't know how to drive. And they weren't very friendly," said Ted Young, owner of Poplar Creek Guesthouse and Boundary Country Trekking.
In March, Gunflint Trail business owners invited some Border Patrol agents to meet with them and clear the air. Luana Brandt, an outfitter and lodge owner who leads the Gunflint Trail Association, said local agents had to get permission from their superiors to meet but were eager to do so.
"I think they recognize they have an image problem," Brandt said.