Fadumo Aden received an argumentative call from her estranged husband, Ali Elmi (defendant). Later in the day, Aden visited her mother. She was in the living room with her two siblings, ages three and five, and her own three-year-old child, when gun shots were fired directly into the room. Aden quickly moved the children out of the room and called 911. The operator could hear the children in distress and screaming in the background. Elmi was arrested and charged with attempted murder and four counts of first-degree assault. The children did not testify at trial. Relating to the children, the jury was provided an instruction on transferred intent to unintended victims. The jury found Elmi guilty on all counts. Elmi appealed his conviction, and the appeals court affirmed the charges related to the children. Elmi appealed to the state supreme court.