UPDATE: Murder suspect taken into custody during SWAT operation

Jesse James Burnett, 29, Fargo
Jesse James Burnett, 29, Fargo(Cass County Jail)
Published: Oct. 14, 2022 at 10:14 AM CDT|Updated: Oct. 17, 2022 at 6:26 PM CDT
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FARGO, N.D. (Valley News Live) - Fargo Police and the Red River Valley SWAT Team have arrested a man they say was involved in a drive-by shooting in August of 2020.

29-year-old Jesse James Burnett of Fargo, was arrested during the execution of a high-risk search warrant at a home in the 1900 block of 53rd Ave. S. just before 10 a.m. on Friday, Oct. 14.

Burnett is charged with murder, aggravated assault and terrorizing in the death of 41-year-old Santino Marial. The drive-by shooting happened at an apartment garage at 1104 44th St. S. on Aug. 28, 2020.

Court documents say Marial was hanging out in a garage with two friends when a vehicle drove by and multiple shots were fired. Marial was killed and the two friends were not hit. Officers recovered multiple bullets at the scene.

Fargo Police Captain George Vinson of the Criminal Investigation Division said, “This was a two-year effort that involved numerous tips, leads and countless hours of investigative work. This is a significant step in securing justice for the Marial family.”

Joshua Brooks was arrested in the case in late Septemeber after Fargo Police say someone recently came forward with information about the murder. Detectives say that person confessed to their involvement in the murder of Marial. The informant stated Brooks organized the shooting and ‘recruited’ both the informant and Burnett to help him retaliate for a burglary. According to Brooks, Burnett took it upon himself to shoot at the people inside of the garage.

Court documents say Marial and the other two in the garage were not the intended victims Brooks and Burnett were looking for.

Brooks is charged in Cass County Court with being an accomplice to murder and accomplice to aggravated assault.