Lawmakers chafed at parole for man who murdered police officer

Some state legislators adamantly oppose the pending parole of a man who was convicted of killing a police officer nearly 30 years ago, but learned during a committee hearing Thursday that there's nothing they can do to stop it.

Correction officials said they were obligated to make the parole decision based on the more lenient laws that were in place at the time of his sentencing.

When Timothy Eling was convicted of killing Oakdale Police Officer Richard Walton in 1982, he received a life sentence. The law at the time allowed for parole after 17 years. State legislators toughened the law in 1993 with a requirement for life without parole for killing police officers.

Corrections Commissioner Tom Roy told members of the House Public Safety Committee that Eling, who has now served 29 years, has met all of the legal conditions for parole under the earlier statute. Roy said he understands the outrage, but is bound by the law.

Create a More Connected Minnesota

MPR News is your trusted resource for the news you need. With your support, MPR News brings accessible, courageous journalism and authentic conversation to everyone - free of paywalls and barriers. Your gift makes a difference.

"I get it. I absolutely get it. But I am controlled not by public opinion. I am not controlled by the emotions," Roy said. "I have to be controlled by statute and what is allowed under statute and how parole is arrived at."

Roy said that Eling will not be released anytime soon. He still must serve another four years for a drug smuggling conviction and then enter community supervision. Eling is also battling cancer.

"If at any time during the next four years he violates any of the terms, has any discipline in prison, the life parole is off the table. The stakes are very high for Mr. Eling."

Similar parole questions will be raised in upcoming years, Roy warned. There are currently 150 offenders in the corrections system who were sentenced to life before 1993.

The committee chairman, Rep. Tony Cornish, R-Good Thunder, took issue with Roy. He claimed the commissioner still has discretion under the old law to deny some paroles. Cornish, who is also a police chief, said Eling deserves no favors.

"If this person would have passed all the litmus tests and been the model prisoner, would have mentored other prisoners and gotten rave reviews, and even if I was convinced he was rehabilitated, I would still rather see him sit his life in prison," Cornish said. "And the fact that he has cancer, I'm sorry, brings no sorrow from me."

Rep. Glenn Gruenhagen, R-Glencoe also opposes the parole. Gruenhagen suggested that Minnesota should have a death penalty for the killing of a police officer.

"When you eliminate somebody else's loved one or family member, they live with that consequence for the rest of their life," Gruenhagen said. "And to put that type of person, even though they're sorry and demonstrated good behavior, back on the street again is a sword in the hearts of the loved ones who've experienced that loss."

Representatives of Minnesota Police and Peace Officers Association and the Minnesota Sheriff's Association testified against the parole. But former Gov. Al Quie spoke in support of it. Quie said he's a firm believer in redemption, and he thinks the current parole process is working properly. Paul Engwall of Prior Lake, a prison volunteer, said he befriended Eling three years ago, and he also supports his parole.

"I really don't know what is to be served, what good is to be served by keeping this man incarcerated until the end of his natural life," Engwall said.

After the hearing, Cornish said he didn't believe there were any legislative remedies available to address the parole process. He also downplayed any attempt to revive the death penalty debate during the 2012 session.