Elk River Man Sentenced to 30 Days in Jail for Otsego Drive-By Shooting

BB gun bullets bouncing off the front of an Otsego man's house in December 2011 led to the sentencing of an Elk River man last week for the crime.

Tyler Louis Volby, 20, of Elk River was sentenced Dec. 3 by Wright County Court for felony drive-by shooting to 30 days in jail and a stay of imposition for three years on conditions of probation.

He was also ordered to pay $75 public defender fees. Conditions of his probation include: undergo a chemical dependence assessment and follow all recommendations, have no use or possession of alcohol or non-prescription drugs, submit to submit to random testing, provide a DNA sample, obtain permission before leaving the state, have no use or possession of firearms or dangerous weapons, attend a support group, and have no same or similar violations. 

According to a criminal complaint from Wright County Attorney's Office, the incident took place Dec. 6, 2011, when a man reported to a Wright County deputy that he heard approximately "five rapid fire of what sounded to be a BB gun bouncing off the front of his residence."

The house was at the 10200th block of Parrish Ave. NE in Otsego. The man told police he saw the car slowly drive by his house as he was outside, then heard the shots, stated the report.

The man told police he followed the vehicle "until it began driving erratically and continued on County Road 42 into Dayton."

Minutes later, the car was found and stopped by the Elk River Police Department. The driver, Dylan Lindh, admitted to police that there were BB guns in the car, the report stated.

Volby, the passenger, told police that the BB gun was his, and that "they had been driving around Otsego where he had shot the BB gun a couple of times," according to the criminal complaint.

Police found a black Daisy Powerline .177 caliber BB in the wheel well of the vehicle. A black Beretta Elite II .177 caliber BB gun was under the driver's seat.