Well, of course, prosecutors wouldn’t like more restrictions on their prosecutorial powers. They’re paid to prosecute.
Missouri prosecutors warn of expanding self-defense law
ST. LOUIS – Missouri prosecutors are raising concerns about the state’s self-defense laws after a recent appeals court ruling which defense attorneys say could broaden when deadly force can legally be used.
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Defense attorneys say a recent appeals court ruling in a Warren County case could further expand those protections.
The case involved Danielle Lechocki, who was charged with assault after pulling a knife during a verbal argument in which no one was injured. Her attorney, Matthew Mueller, argued she acted in self-defense.
“She testified that on the day in question the complaining witness threatened to Molly whop her, to physically assault her,” Mueller said.
A lower court initially rejected the self-defense claim, but an appeals court in February sent the case back after finding the jury was not instructed on self-defense.
“The opinion does greatly expand the use of self-defense, including the use of deadly force,” Mueller said.
Warren County Prosecuting Attorney Rodney McKinney said the decision could have major implications for prosecutors statewide.
“I believe in self-defense, but I don’t want to become the Old West,” McKinney said.
McKinney argued the wording of Missouri law could allow deadly force in relatively minor assault cases because the statute permits deadly force to defend against “death, serious injury or any forcible felony.”
“Part of the statute says you can use deadly force to defend yourself against what we call a forcible felony,” McKinney said.
In a court brief filed in the Lechocki appeals case, the president of the Missouri Association of Prosecuting Attorneys (MAPA) warned that “mere shoving matches could justifiably be escalated to gun battles” if the opinion becomes law.
The brief also argued prosecutors would face “an almost impossible burden” and that numerous homicide cases could go unfiled or be dismissed.
McKinney said lawmakers should consider revisiting the law.
“They could redefine forcible felony. They could define it by offense, or they could just make it a higher standard,” he said.
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The debate comes after two recent high-profile homicide cases in the St. Louis area were not prosecuted because of possible self-defense claims.
No charges were filed after Arrin Jones, 27, was stabbed and killed Monday while working as a third-party contractor outside Busch Stadium. Few details have been released about what led to the stabbing.
“Homicide investigations often involve complex legal questions, including issues related to self-defense,” St. Louis Circuit Attorney Gabe Gore’s office said in a statement.
The case follows another fatal incident in February in which no charges were filed after local rapper Javaughn Ballard was shot and killed after knocking on a rival’s door. Officials have not publicly said if Ballard also had a weapon or what kind of threat existed for the shooter.
In March, Jackson County Prosecuting Attorney Melesa Johnson addressed the issue while discussing a plea agreement involving a suspect in the 2024 Kansas City Chiefs parade shooting.
“The state bears the burden of proving beyond a reasonable doubt that the defendant did not act in self-defense, and that is an extraordinarily high burden,” Johnson said.
Missouri already has some of the nation’s strongest self-defense protections, including “stand your ground” laws, the castle doctrine, and no duty to retreat requirements.
FOX 2 reached out to lawmakers in Jefferson City to comment on whether changes to the law are needed but had not received responses as of Wednesday.
MAPA’s president-elect, Locke Thompson, sent FOX 2 a statement saying, “MAPA has not been approached to formally weigh in on Missouri’s self-defense or stand-your-ground laws as part of a policy discussion; however, our organization has vehemently opposed legislation designed to further expand Missouri’s self-defense laws over the past several years.”