Rochester Man’s Killer Loses Bid to Reduce His Prison Sentence

St. Paul, MN (KROC-AM News) - The Minnesota Court of Appeals has rejected an appeal filed by the man who admitted murdering a Rochester man in downtown Rochester three years ago.

30-year-old Derek Days is currently serving an over 35 year sentence at the Rush City State Prison for causing the death of 28-year-old Todd Banks on June 6th of 2021. The Rochester man died from multiple gunshot wounds during an altercation with Days over a dice game on the sidewalk in front of the city parking ramp on 1st Avenue Southwest.

Nearly a year and a half after the fatal shooting, Days entered into a plea deal and admitted to second-degree murder and second-degree assault charges. The agreement also stated that Olmsted County prosecutors would follow state sentencing guidelines and request a sentence of 35 1/2 years in prison.

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Last March, Days went back to court with a request for a downward departure from state sentencing guidelines by trying to argue that the victim of the shooting was the aggressor. The motion filed by his defense attorney stated that a 20 year prison sentence would be more appropriate.

The judge presiding over the case rejected the motion, and today, the state appeals court upheld that decision. In affirming the longer prison sentence, the appeals court noted the Olmsted County judge rejected Day's argument that "his offense was significantly less serious than typical because it was very similar to a first-degree manslaughter, also known as heat-of-passion manslaughter" by citing a previous precedent-setting ruling that found “This court will not generally review a district court’s exercise of its discretion to sentence a defendant when the sentence imposed is within the presumptive guidelines range.”

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