A 32-year-old who was allegedly shot and wounded by his girlfriend’s estranged husband last summer is now accused of fatally shooting the man in St. Paul this week.

The Ramsey County Attorney’s Office charged James Edward Hagen, of St. Paul, on Wednesday with murder in the Monday night shooting of Jonathan Diaz, 35, in the Payne-Phalen area.

James Edward Hagen (Courtesy of the Ramsey County Sheriff’s Office)

A woman told police that she and Diaz were still married, but had been separated for four years and she’d been dating Hagen for three years.

Last Aug. 29 at 2:30 p.m., officers were sent to Hagen’s residence on York Avenue off Arcade Street. Hagen had gunshot wounds to both his legs. He told police he was outside working on a vehicle when someone came up and shot him, but he said he didn’t know who the shooter was or why anyone would shoot him.

Hagen’s girlfriend told police that her estranged husband, Diaz, shot Hagen out of jealousy, but she and Hagen wouldn’t speak further to an investigator, according to the complaint.

Police arrested Diaz the next day. Officers didn’t find a gun on him or in his car, and neighbors and other witnesses were too far away to identify the shooter.

“Charges were not brought against (Diaz) with regards to the shooting because the case could not be proved against him beyond a reasonable doubt due to the spousal privilege and a lack of cooperation from Hagen,” Wednesday’s complaint said.

Monday night homicide

On Monday at 8:25 p.m., police were called again to Hagen’s address about a shooting. Officers found Diaz’s estranged wife giving Diaz CPR near a detached garage. St. Paul Fire medics pronounced him dead at the scene.

Witnesses told police Hagen was the shooter and he left on a small bicycle before abandoning it and running away, the complaint said.

A friend of Diaz’s told police they drove past Hagen’s home earlier in the day and Diaz greeted his son who was outside. Diaz later returned to the home, with his friend dropping him off. She heard gunshots as she drove away and tried to call Diaz to see if he was OK.

Police spoke to Diaz’s estranged wife’s 13-year-old daughter, who said she saw the incident but didn’t want to get her mother in trouble. She said it sounded like her mother was “switching it up” when talking to police and saying she didn’t know who shot Diaz, according to the complaint.

The teen said she knew Diaz and Hagen didn’t get along, and Hagen had said he’d kill Diaz the next time he saw him. But she “didn’t think Hagen would actually do it,” the complaint said.

She and her mother were in the kitchen when they heard more than 10 loud bangs and ran outside. Her mother ran toward Diaz and Hagen yelled, “I told you I was going to kill him!,” the complaint said of what the girl told police. Her mother yelled at Hagen, “Are you serious right now?” and he responded, “Dead serious, (expletive)!,” the complaint said.

Diaz’s estranged wife told investigators that Diaz would drive by the York Avenue address to see his child. Hagen found out he’d driven by earlier Monday, and she and Hagen argued about it, the complaint said. She said Hagen left.

After hearing the bangs and finding Diaz on the ground, the woman told police she hadn’t seen Hagen there.

Police arrested Hagen on Tuesday and he declined to speak with investigators. He is being held in the Ramsey County jail. An attorney for Hagen wasn’t listed in the court file as of Wednesday.

An autopsy found Diaz had been shot six times.

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