18-year-old charged with assault of Itasca County deputy shot in leg

GRAND RAPIDS — The 18-year-old allegedly involved in a scuffle that resulted in a gunshot wound to the leg of an Itasca County deputy now faces four felony charges.

Charges were filed Friday, June 5, in Itasca County District Court, with Elias A. Harper’s first appearance coinciding with his sentencing for separate gross misdemeanor assault cases.

Harper is accused of resisting arrest by Deputy Michael Cowan on May 4, as sheriff’s deputies attempted to serve an arrest warrant for failure to appear in court at a home in Max, in rural northwestern Itasca County. Cowan was shot through his leg by his holstered department-issued gun and was airlifted from the scene to the Essentia Health hospital in Duluth.

The incident was initially investigated as an “officer-involved shooting.” Four days later, the sheriff’s office said an investigation by the Minnesota Bureau of Criminal Apprehension found Cowan did not discharge his weapon and that the incident was instead being investigated as a “conflict case.”

According to new details shared in the statement of probable cause, DNA analysis showed Harper’s DNA was located on the grip of Cowan’s gun, which remained secured in Cowan’s holster with a guard in place. The bottom of the holster was shot out and the casing was still inside the gun, as the slide was unable to eject because of the guard.

Unconditional bail for Harper was set at $400,000 on Friday, with conditional bail set at $200,000. Harper’s public defender Mitchell Brunfelt argued in court that the bail amount was too high and the state’s probable cause statement has problems.

“The evidence is frankly overwhelming that this was an accidental discharge,” Brunfelt said. “ ... [The state] has to prove [Harper] had access to the trigger mechanism for an assault charge here.”

According to the state, the scuffle took place inside the Max home after Harper’s family member first attempted to get Harper to go outside on his own. Cowan attempted to arrest Harper in the kitchen and brought him to the ground as he allegedly resisted these efforts.

Cowan reported that during the struggle he felt a tug at his right hip, which is where he holsters his department-issued firearm on his duty belt. Body-worn camera footage was described in court documents as showing Harper’s left arm reaching toward Cowan’s right side, although his hand is off screen. Cowan reached back to secure Harper’s arm, the complaint states, when the weapon fired.

Itasca County Deputy Nicholas O’Toole — who responded to the address with Cowan at the request of Harper’s probation officer — was stationed near the back door at the time of the gunshot. He entered the home and found Harper underneath Cowan but was unable to remove Harper. Harper apparently stated that the gun “misfired,” to which Cowan responded, “No it wasn’t.”

O’Toole then placed a tourniquet on Cowan’s thigh, court documents state, and rolled Cowan off Harper. Harper continued to resist arrest and was eventually stunned with a stun gun. O’Toole handcuffed Harper and placed him in the squad car.

He then went back to help Cowan, described as being in extreme pain. The tourniquet stopped the bleeding and ambulance personnel arrived shortly after. According to the statement, O’Toole remained with Cowan, who was getting cold and slipping in and out of consciousness, and rubbed his sternum to rouse him before he was airlifted.

Harper’s new charges include first-degree assault causing great bodily harm against a peace officer, second-degree assault with a dangerous weapon, obstructing the legal process by interfering with a peace officer, and attempting to disarm a peace officer. The first-degree assault charge carries the stiffest possible penalty of a maximum sentence of 25 years in prison, a $35,000 fine or both.

During Friday’s hearing, Harper appeared in an orange stripe jumpsuit, shackled by the wrists and ankles. Ten sheriff’s deputies, nine of whom were in uniform, sat in the courtroom during the proceedings.

Brunfelt requested a series of corrections to the pre-sentencing worksheet on the assault charges. He told Judge Sarah McBroom that Harper and his brothers left his mother’s home on their own to stay with extended family and were not removed by authorities. He said Harper experienced neglect as a child and has mental health diagnoses, including attention-deficit/hyperactivity disorder, major depressive disorder and post-traumatic stress disorder.

Separately, Harper was facing three assault charges for incidents in November and December 2025. He pleaded guilty to two of those charges. The third was dismissed during Friday’s sentencing. He received two 364-day sentences for the pleaded charges, with credit for time served fulfilling the 45-day jailtime requirements for both.

He remained in custody Friday in the Itasca County Jail. His next court appearance is scheduled for 1:30 p.m. June 17.

KAXE reporter Larissa Donovan contributed to this report.