Standoff suspect had a 'bad day'
By Dave Forster,The Forum
Published Friday, October 29, 2004
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David Robert Tofte was having a bad day.
That, and a blood alcohol content of .215 form the only explanation so far for why the 26-year-old decided to fire off his gun collection and force a six-hour standoff with police Tuesday night in southwest Fargo.
After surrendering, Tofte, 5231 Amber Valley Parkway, told a doctor he wasn't suicidal and said he didn't have a history of psychological problems, according to court records released Thursday.
"He was just having a bad day," is how one officer in a report summarized Tofte's explanation to the doctor.
Cass County prosecutors Thursday charged Tofte with attempted murder, accusing him of trying to shoot several members of the Red River Valley SWAT Team.
The officers were trying to deliver a negotiating phone when at least nine rounds went through Tofte's apartment wall toward the hallway, police and prosecutors said. The barrage came after Tofte had agreed to take the phone and looked out his door at the officers, Lt. Dave Todd said.
The six SWAT Team members were so close to the line of fire they saw the bullets rip through the walls, Todd said. They believed the gunman had aimed where he thought the officers would be.
"There's no doubt in my mind that he was trying to kill my guys," Todd said.
Tofte surrendered about 12:30 a.m., relinquishing an apartment littered with spent shells. Inside, police found an arsenal of nine guns, hundreds of live rounds and 2½ pounds of plastic explosives. Other items included hand grenade casings and fuses.
At 2 a.m., a test at MeritCare Hospital recorded Tofte's BAC level at .215, court records show. Police said they found no signs of other drug use.
Military records show Tofte enlisted as an infantryman in the U.S. Army in 1996, about two weeks before his 18th birthday. His eight-year term of obligation ended this year, but it's likely he left active duty in 2000, an Army spokeswoman said.
Assistant State's Attorney Reed Brady said Thursday the state has found no criminal record on the suspect. Still, after reading a list of six felony counts against him, Brady asked for bail to be set at $50,000 cash.
"Law enforcement does consider him an extreme danger to society," Brady told East Central District Judge Cynthia Rothe-Seeger.
Rothe-Seeger granted the $50,000 bail amount and ordered him to stay away from his apartment building. During the standoff, Tofte may have fired as many as 100 shots from his balcony and apartment, police said.
Tofte did not return a call placed to him at the Cass County Jail.
One of the felonies he faces is for the C4 explosives. Police said they found it in a utility room.
Though relatively stable, C4 is more powerful than dynamite, said Tom Hall, commander of the Cass County Regional Bomb Squad. In most states, an adult with a clean record can purchase the material through the Bureau of Alcohol, Tobacco, Firearms and Explosives, Hall said.
Proper storage would be a special structure away from homes, surrounded by a fence and protected by special locks, Hall said.
In court records, Tofte listed his job as a train conductor with Burlington-Northern Santa Fe. Company spokesman Gus Melonas wouldn't confirm the employment.
Tofte faces a minimum mandatory four-year prison sentence for the attempted murder charge. He will be asked to enter pleas at a Nov. 24 hearing.
He's also charged with felony charges of reckless endangerment, terrorizing, aggravated assault, criminal mischief and misdemeanor discharge of a firearm in the city.