With no explanation, chose the best option from "A", "B", "C" or "D". for the 30-month upward departure was the drive-by shooting: “that Defendant fired seven times at or toward a group of nine people in the immediate area, exposing all of them to injury or death, and, in addition to Makara Din, seriously injuring Khaosan Ruos.” The risk-creating conduct, however, factored into Edwards’ greater liability for the assault. The great bodily harm resulting from the drive-by shooting catapulted that offense to a first-degree assault, elevating the offense severity level from VIII to IX, and increasing the presumptive “top-of-the-cell” sentence duration by 55 months. The use of the drive-by shooting to support the 30-month upward departure for the assault amounted to punishment twice for the same conduct. Cf. State v. Stanke, 764 N.W.2d 824, 827-28 (Minn.2009) (<HOLDING>). I would hold that the upward departure was

A: holding peace officer who responded to a request from another law enforcement agency for assistance had authority to complete the investigation and make an arrest
B: holding patrol officer out of ms jurisdiction was a citizen who could arrest dwi offender for breach of the peace
C: holding that vulnerability of a peace officer factored into greater liability for fleeing a peace officer resulting in death
D: holding that an officer may use deadly force when a fleeing suspect threatens the officer with a weapon
C.