Friday shooting leaves one dead, suspect in custody
CARLTON—A witness watched as Wayne Joseph Bosto allegedly shot John Francis Korby Jr. in the head Friday morning in a rural Cloquet home, after already allegedly shooting him three times in the legs and once in the arm, according to the criminal complaint filed in Sixth District Carlton County Court Tuesday. Korby, 36, died in the hospital after a short time later, and Bosto was picked up by police walking down a nearby road, the pistol still stuck in the waistband of his pants.
Bosto, 33, of Cloquet, was arraigned in Carlton County Court Tuesday morning. He walked into the courtroom wearing an orange Carlton County Jail jumpsuit. His hands were cuffed in front of him and he frowned as he walked to his chair.
When Judge Leslie Beiers asked if he understood his rights, he said “Yes”. He also indicated he did not want her to read the criminal complaint aloud to him.
Bosto was charged with second-degree murder with a maximum of up to 40 years and also as a felon in possession of a firearm with a possibility of up to 15 years and/ or a 30,000 fine. Bail was set at $1 million.
According to the criminal complaint:
Carlton County 911 dispatch received a call that a man had been shot inside a home at 1787 Wolf Ridge Road, in Cloquet and on the Fond du Lac Reservation, at 8:52 a.m. Friday.
When officers arrived, they discovered two witnesses and Korby, who lay concious on the floor, unable to speak. When the first responders shifted Korby, officers noticed a shell casing under him.
When officers interviewed the witnesses, they learned that Korby, Bosto and two other people had arrived at the white one-story house on the north side of Wolf Ridge Road earlier that morning. The house — its windows covered by blankets and a “Beware of Dog” sign next to the front door — sits in a peaceful wooded setting. Later that morning, it would be cordoned off with yellow crime scene tape.
According to the criminal complaint, the two witnesses — a male and a female — were already in the home when Bosto, Korby and the two other people arrived earlier that morning and went into a back bedroom. The four remained there for a period of time and then the two others left, leaving Korby, Bosto and the two witnesses as the only parties in the house. A short time later, the witnesses heard approximately five gunshots in the house.
One of the witnesses went to the area where the gun was fired and saw Bosto allegedly standing over Korby holding a pistol. The witness then saw Bosto point the gun at Korby’s head and fire. Both witnesses said they saw Bosto leave the house shortly after the shooting with the pistol still in his possession.
According to the complaint, an officer recognized Bosto as he was walking down Brevator Road near Jarvi Road, which listed as his address on the criminal complaint. The officer ordered Bosto to lay on the ground. As he did so, his shirt lifted up, exposing the pistol sticking out of his waistband.
The officer seized the weapon and took Bosto into custody.
Korby was taken to Essentia Hospital in Duluth where he was pronounced dead after 10 a.m. According to the medical examination, Korby was shot five times. The final shot to the head caused his death, but only after he “suffered significantly,” said Assistant Carlton County Attorney Jeffrey Boucher in court Tuesday.
Because of his long list of prior criminal convictions and his current living situation as well as other variables, Bosto’s risk level assessment score was 61, probation officer Steve Johnson told the courtroom. The assessment score provides guidance for the court to help decide bail amount and if they should be kept in custody or released on bail. The scale is rated low-, medium- or high-risk. High risk is considered 20 points and above.
Boucher listed several of Bosto’s past criminal activities for the court, including third-degree assault, significant drug convictions, felon in possession of weapons as well as a history of 19 warrants.
Boucher stressed that Bosto’s lengthy criminal history and the fact that there is an eyewitness to the murder that a significant bail was warranted.
“He is a danger to the community,” Boucher said.
Defense attorney Kevin Cornwell stated that he has represented Bosto in the past and thought a reasonable bail should apply. He said Bosto lives and has family in the area, including a young son.
According to court records, Bosto’s criminal history record as an adult began in July of 2001, shortly after his 18th birthday, when he was convicted of aggravated robbery in the first degree and assault in the first degree.
In 2006, Bosto was convicted of second-degree sale of three grams or more of cocaine/heroine/meth and was also convicted of a controlled substance in the fifth degree in 2013.
In 2013, Bosto was convicted of a felon in possession of a firearm, third degree assault in May and disorderly conduct in March.
According to a March 28, 2014 story in the Pine Journal, officers were called to an apartment on the 1500 block of Whispering Pine Road for a report of a severely injured man who had been assaulted with a baseball bat in June 2012.
The victim, then aged 24, was found lying on the ground in a pool of his own blood when officers arrived. A baseball bat lay on the ground nearby, broken into two pieces. The victim had a severe head injury and it appeared he had been struck over the head with the bat.
Officers learned that Bosto had allegedly been the one who hit the victim, who ultimately ended up suffering from serious traumatic brain injury (TBI).
Bosto was sentenced to two concurrent prison terms that resulted in a total sentence of 36 months at a Minnesota correctional facility.
The Fond du Lac Police Department, Carlton County Sheriff’s Office, and the Minnesota State Patrol assisted the Cloquet Police Department Friday.
A Rule 8 hearing is set for 9 a.m. Jan. 4 at the Carlton County Courthouse to determine if a public defender will be assigned to Bosto.
A traditional wake was held for Korby Tuesday until the Wednesday morning funeral service.