Castle Doctrine Test in the ‘Show Me’ State
September 19th, 2008
Shooting near Kirksville becomes a test of Missouri’s new ‘castle doctrine’ law
When Rogelio Johnson allegedly climbed through a window and confronted Jackie Gleason in her home near Kirksville, Mo., in May, she shot him dead.
A crime?
Yes, concluded an Adair County coroner’s jury last month.
Not so fast, said county Prosecutor Mark Williams, who says the shooting may be justified under a new Missouri law known as the “castle doctrine” that allows a person to use lethal force against intruders.
Although the coroner’s jury said Gleason committed “death by felony,” Williams was not convinced the jury completely understood the doctrine. Besides, he said, he found juror misconduct because one juror said Gleason was guilty before hearing testimony.
The shootee was under court order to stay away from the shooter’s house. Climbing in the window does not constitute “staying away” in Murdoc’s book.
Tags: MO
