Will be interesting to see how this one plays out.  Based on the limited info, sounds like Simms deserves a gofundme legal defense fund.  Either way, I'm betting jury nullification comes into play.

https://fox4kc.com/2018/11/29/kansas-city-man-charged-with-murder-said-he-shot-man-who-was-trying-to-steal-his-car/

I think he'll hang. If it were a car jacking, where the guy was trying to pull him out, it would have been justified. The guy left his car running, then went out and shot a guy who was trying to steal the car. He put himself in danger, and even stated that he was protecting his property. You can't kill for theft in MO.

I agree. Sadly we can’t shoot thieves! Even though a lot of people think they deserve it!

Had 2 similar situation's happen in Maryland & Virginia some years back when I lived back east. Owner of the vehicles heard noise, ran out, saw guy breaking into car. Pulled gun, shot guy. One guy died on scene, second guy was wounded. Owner of vehicle's were both arrested. Both Prince Georges county & Fairfax county went after both guys. Long story short one guy served 3 years, second guy did 1 year in lockup. Stripped of gun rights, on probation, records marked for life, felony manslaughter.

The whole story doesn't add up. Sounds like he lied to the Cops and I know that place has video cameras....... so there is that.

True, but not usually by lynching. They were arrested/tried/convicted/hanged.

Attached File

Cant use deadly force to protect property. I read a case file once where a home owner did something similar. He shot the thief in his car from inside his house. He was acquitted by claiming his garage door opener was inside the vehicle and he feared for his life because the thief would then have the ability to enter his home without him being able to stop him...Damn good attorney right there...

That person was probably smart enough not to talk to the Police before getting a lawyer. Even Police who are in shootings aren't asked to give a statement until they talk to the FOP lawyer. But, they ask civilians to do it all the time.

I’m surprised this doesn’t happen more. Every week I see vehicles left unoccupied while running at gas pumps or parking spots. Usually the music is blasting. It’s mostly b/m’s doing it. The vehicles are clearly not secured. I could never imagine doing that, we have vehicles with the key pad on the door, I still have never left my vehicle running. Maybe if I lived in the country.

The shooter will be convicted. This isn’t Texas and he isn’t Joe Horn. Wouldn’t be a big surprise if he had been hoping someone would try to take his shit just so he could “bust da gat”.

I’m surprised he was also charged with ACA. That right there makes him the attacker.

Eric...Texas has the law you speak of.  Also, there was a guy a couple years ago in STL that shoot some guys that were down the road...he got off...can't remember what that was all about, but I think they broke into his car as well.

I believe it became law after a small child was killed when I person stole a vehicle left running at a gas station parking lot. The person who did it also got released from jail with active warrants and a law was passed to "stop that from happening". Though, I can tell you it still does all the time.

Guy should argue he was trying to apprehend a fleeing felon. It probably wouldn’t work, but one never can tell. There was a security guard in Virginia about a decade ago that shot a fleeing shoplifter (felony due to the dollar value, said felon didn’t die so it was a felony assault charge against the guard). He was charged but eventually charges were dismissed because state law still allowed for the use of deadly force to apprehend fleeing felons. In practice Tennessee v. Garner stopped the police from shooting fleeing felons in most circumstances but doesn’t actually apply to people who are not agents of the government.

As I recall Missouri law is similar to Virginia’s on the subject. A smart lawyer might be able to work with that.

In Missouri....it (use to be) still might....it had to be a Class A felony.  If anybody has any updated info, would like to read it.

Or I can look it up myself

http://revisor.mo.gov/main/OneSection.aspx?section=563.051&bid=29223&hl=

563.051.  Private person's use of force in making an arrest. — 1.  A private person who has been directed by a person he or she reasonably believes to be a law enforcement officer to assist such officer to effect an arrest or to prevent escape from custody may, subject to the limitations of subsection 3 of this section, use physical force when and to the extent that he or she reasonably believes such to be necessary to carry out such officer's direction unless he or she knows or believes that the arrest or prospective arrest is not or was not authorized.

 2.  A private person acting on his or her own account may, subject to the limitations of subsection 3 of this section, use physical force to arrest or prevent the escape of a person whom such private person reasonably believes has committed an offense, and who in fact has committed such offense, when the private person's actions are immediately necessary to arrest the offender or prevent his or her escape from custody.

 3.  A private person in effecting an arrest or in preventing escape from custody is justified in using deadly force only:

 (1)  When deadly force is authorized under other sections of this chapter; or

 (2)  When he or she reasonably believes deadly force is authorized under the circumstances and he or she is directed or authorized by a law enforcement officer to use deadly force; or

 (3)  When he or she reasonably believes such use of deadly force is immediately necessary to arrest a person who at that time and in his or her presence:

 (a)  Committed or attempted to commit a class A felony or murder; or

 (b)  Is attempting to escape by use of a deadly weapon.

 4.  The defendant shall have the burden of injecting the issue of justification under this section.

DeAndre Simms has an attorney now, Joe Ramboldt.  Bond was reduced from 100,000 to 10,000, and he bonded out.  No priors and seems like a good kid.  Arraignment is on 1/28.  The Prosecuting Attorney, Jennifer Tatum, is reportedly a favorable assignment for Simms.  There is speculation that he was charged with 2nd degree murder and ACA, instead of manslaughter, because prosecution knows conviction is less likely and is sympathetic to Simms.  Personally, as long as jury selection goes well and gets stacked with minorities, I think he has a good shot at jury nullification.  Note that he is black and deceased suspect is white.

At least, in this case, it was in Jackson County. In Clay, or especially Platte, this guy would likely be sunk.   He also probably wouldn’t have gotten a bond reduction.  I don’t know that PA, but I’m mostly familiar with those in Clay and Platte.

Interestingly the quoted news story refers to the “victim” as car jacking the shooter. Of course I don’t expect the media to report criminal offenses accurately, they seem especially bad at that, but the jury could easily make the same “mistake.”  First degree robbery is a Class A felony, the car could be the weapon required to make said robbery first degree. A stretch?  Sure, but a smart attorney and the right jury, you never know.