Homicide charges in fatal shooting of Bolivar student dismissed on basis of self-defense

The Polk County Prosecutor’s Office is dismissing a homicide case on the basis of self-defense, according to a press release.

Corey Keith Nielsen, 34, was charged with second-degree murder, armed criminal action and unlawful use of a weapon following the fatal shooting of a 17-year-old Bolivar High School student on July 27. All charges have been dismissed.

According to the initial report, the 17-year-old was driving a pickup truck with nine people on the road near the Morrisville property where Nielsen, his wife and four children were staying. Someone in the bed of the truck ignited an “aerial type firework” and threw it into Nielsen’s yard. Nielsen fired multiple rounds from a semi-automatic rifle at the pickup, striking the truck multiple times. Later investigations showed that the 17-year-old was struck once in his torso.

A review of the finalized investigation and a deliberation by a panel of local community members culminated in the decision that Nielsen acted in defense of others under Missouri law. The prosecutor’s office also consulted with other county prosecutors.

The panel indicated that Nielsen was likely justified in his actions under Missouri’s self-defense laws: “The fireworks were large enough to have presented a significant risk to the lives and safety of the family, and under Missouri law, such a threat may warrant a defensive response. It does not matter what the intent of the group was; even if they did not intend to cause physical harm, Mr. Nielsen would be judged on what dangers he reasonably perceived in the situation.”

After reviewing the case, the panel was provided the same jury instructions a trial jury would receive, and the “vast majority” of the panel said they would rule that Nielsen acted in self-defense.

“The Polk County Prosecutor’s Office has therefore dismissed the charges against Mr. Corey Nielsen, as this office feels there to be no likelihood that a jury unanimously find Mr. Nielsen guilty of a crime,” the Polk County Prosecutor’s Office said in the press release.