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Could Missouri's 'stand your ground' law apply to the Super Bowl celebration shooters?

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Could Missouri's 'stand your ground' law apply to the Super Bowl celebration shooters?


KANSAS CITY, Mo. – The man accused of firing the first shots at the Kansas City Chiefs Super Bowl rally told authorities he felt threatened, while a second man said he pulled the trigger because someone was shooting at him, according to court documents.

Experts say that even though the shooting left one bystander dead and roughly two dozen people injured, 23-year-old Lyndell Mays and 18-year-old Dominic Miller might have good cases for self-defense through the state’s “stand your ground” law.

Missouri is among more than 30 states that have adopted some version of stand your ground laws over the past two decades, said Robert Spitzer, a professor emeritus of political science at the State University of New York, Cortland, whose research focuses on gun policy and politics. While earlier laws allowed people to use force to protect themselves in their homes, stand your ground provides even broader self-defense rights regardless of the location.

Now, the mass shooting at the Kansas City Chiefs Super Bowl celebration could be a new test of those expanded protections, and comes as self-defense already is at the center of another high-profile Kansas City shooting that left Ralph Yarl wounded.

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“This illustrates in a dramatic way the fundamental problem, especially when it’s a public gathering where there are thousands and thousands of people, and even a highly trained police officer often cannot avoid injuring others in a gunfire exchange in a public place,” said Spitzer, who wrote the book “Guns Across America: Reconciling Gun Rules and Rights.”

Trial attorney Daniel Ross described the stand your ground law as a “formidable defense” that he and many other Kansas City defense attorneys anticipate will be used in Mays’ and Miller’s cases. He said the law puts the onus on the prosecution to disprove claims that a shooting is lawful self-defense.

“Collateral damage under Missouri law is excused if you’re actually engaged in lawful self-defense and there’s other folks injured,” he said.

There are limits to the defense, however, said Eric Ruben, a law professor at the S.M.U. Dedman School of Law in Dallas who has written on stand your ground and self-defense immunity.

“Even though Missouri has robust stand-your-ground laws, that doesn’t mean you can spray bullets into a crowd in the name of defending yourself or others,” Ruben said.

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The barrage of gunfire Feb. 14 outside Kansas City’s historic Union Station happened as the celebration that drew an estimated 1 million fans was concluding. A woman died while watching the rally with her family, and nearly two dozen others — more than half of them children — were injured and survived.

Kansas City already was grappling with the shooting of Yarl, a Black teenager, who survived a bullet wound to the head when he went to the wrong house in April 2023 to pick up his brothers. Andrew Lester, an 85-year-old white man, is planning to claim self-defense when he goes to trial in October. His attorney said the retiree was terrified by the stranger on his doorstep.

While the Super Bowl celebration shooting was a far different scenario, it raises anew questions about how far people can go to protect themselves and what happens when the innocent become victims.

Mays and Miller are each charged with second-degree murder and other counts.

Probable cause statements suggest that both men felt threatened. Mays said he picked out one person in a group at random and started shooting because they said, “I’m going to get you,” and he took that to mean, “I’m going to kill you,” the statement said.

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Miller said under questioning that he fired four or five times because someone was shooting at him. His friend, Marques Harris, told WDAF-TV that Miller was only trying to protect him after he was shot in the neck.

Miller’s attorney didn’t return phone and email messages seeking comment. No attorney was listed for Mays in online court records.

Two juveniles also face gun-related and resisting arrest charges.

Missouri has few firearm regulations, and two of its cities — Kansas City and St. Louis — annually have among the nation’s highest homicide rates. Missouri’s current Republican lawmakers have largely defended the state’s gun laws, instead blaming prosecutors and other local elected officials in the two cities.

And Republican Gov. Mike Parson, speaking to reporters last week, cited societal problems — not guns — as the reason for the violence. “I believe it’s much more than a gun,” he said.

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When Republican lawmakers in 2016 expanded the state’s already-extensive self-defense protections by enacting the current stand your ground law, Black Missouri lawmakers raised concerns. The law also allowed most adults to carry concealed guns without a permit.

Racial disparities are rife among those who invoke the defense, with an Urban Institute study showing white shooters are more likely to benefit than Black defendants.

The issue was raised when Kyle Rittenhouse, a white teen, was acquitted of killing two people and wounding a third during a 2020 protest against racism and police brutality in Kenosha, Wisconsin, after testifying he acted in self-defense. Rittenhouse’s actions became a flashpoint in the debate over guns, vigilantism and racial injustice in the U.S.

The 2012 shooting death of Trayvon Martin, a Black 17-year-old, by George Zimmerman also spurred a landmark case involving Florida’s stand your ground law. Zimmerman, a self-appointed neighborhood watchman who thought Martin looked suspicious, was acquitted.

In Georgia, which also has a stand your ground law, three white men accused of fatally shooting Ahmaud Arbery in 2020 claimed self-defense. Travis McMichael, his father Greg McMichael and neighbor William “Roddie” Bryan claimed they chased Arbery, who was Black, because they thought he was a burglar. All three were convicted of murder.

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In 2022, Wichita, Kansas, area district attorney Marc Bennett was critical of the state’s stand your ground law when he announced that he wouldn’t file charges over the death of Cedric Lofton, a Black 17-year-old who was restrained facedown for more than 30 minutes at a juvenile detention center. Bennett said the law prevented him from bringing charges because staff members were protecting themselves.

With the Chiefs parade case unfolding, it is time to look anew at these laws, said Melba Pearson, a former homicide prosecutor who is now the director of prosecution projects at the Jack D. Gordon Institute for Public Policy at Florida International University.

“What are truly the limits in terms of stand your ground and what really falls into the category of self-defense?” she asked. “Do we need to revisit what stand your ground looks like?”

___

Ballentine reported from Jefferson City, Missouri. Salter reported from O’Fallon, Missouri. John Hanna in Topeka, Kansas, contributed to this report.

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Copyright 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.



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Future multi-agency Jefferson City lab expected to put Missouri on the map – Missourinet

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Future multi-agency Jefferson City lab expected to put Missouri on the map – Missourinet


Missouri is building a state-of-the-art multi-agency state laboratory in Jefferson City. The $151 million project is expected to break ground this month.

Headed by Gov. Mike Parson, the planned campus will be home to several state agencies to provide a singular approach to human, animal, environmental, and criminal testing in Missouri. The new approach will enable the different government agencies to share information, expertise, equipment, supplies, and support services.

This will include the Forensic Crime Laboratory, which will provide forensic evidence testing. It will also provide crime and criminal activity verification for the state and over 600 local law enforcement agencies.

The state Department of Health and Senior Services will be providing investigative and testing services related to public health and disease, according to director Paula Nickelson.

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“The opportunity for forensics as well as scientists who concentrate on environment, animals, and humans to come together is very unique,” she said. “We will be one of only three or four in the nation. We will be the only one in the Midwest that has that capacity all under one roof.”

“We are going to build state of the art facilities in this state,” Gov. Parson said. “We’re going to build the best of the best right here in Missouri. We’re going to build a lab that is second to none in the United States.”

Missouri’s Agriculture Director, Chris Chinn, said the future 250,000-square-foot lab is key to the state’s livestock industries.

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“Missouri is a powerhouse in livestock production,” she explained. “We’re the number three cow state in the United States, but we’re also top ten when it comes to pigs, goats, poultry, horses, the list just goes on. This laboratory is very crucial to make sure that Missouri’s farmers and ranchers can continue to produce a safe and abundant food supply.”

Missouri Department of Natural Resources Director Dru Buntin said his department provides investigative and laboratory testing for environmental health and disease.

“This new lab will strengthen and expand our services in four key areas – air, water quality monitoring, chemical analysis, and environmental emergency response.” he said.

About $183 million in federal pandemic funds have been designated for the new campus and for work to the existing State Public Health Lab.

The multi-story project is expected to finish in October of 2026.

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© 2024, Missourinet.






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The Torture-Murder of Othel Moore Jr. and Missouri’s Concentration Camp Prisons

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The Torture-Murder of Othel Moore Jr. and Missouri’s Concentration Camp Prisons


Photo of Jefferson City Prison (Alamy), and a photo of Othel Moore Jr.

Four Missouri prison cops were charged Friday with murder, and a fifth with involuntary manslaughter, in the December execution of Othel Moore Jr., a 38-year-old brother at Jefferson City Correctional Center. 

The prison cops restrained Othel with a full-body torture contraption, covered him with a hood and a mask, and repeatedly attacked him with chemical weapons. Witnesses reported Moore pleading for his life. 

Photo of Othel Moore Jr. shared by his family

An Eyewitness Describes the Gang-Style Torture Execution, Causing Surge of Terror Throughout MO Prisons

“I never watched anybody die before,” Jordan Seller, a former prisoner at the facility who was an eyewitness to Moore’s murder told CNN. 

The nightmarish horror began with what was supposed to be a routine cell search on the maximum-security block. “They come in like a hundred deep, and that’s barely an exaggeration,” Seller recounted. “They try to pull everybody out as fast as they can, search the cells as fast as they can, and get out.”

Seller and his cellmate had already been pulled out and put back in their cell when they saw the commotion around Moore’s cell. “The cell was surrounded by COs,” he said. Moore was begging for his life, saying he had a medical lay-in and needed two pairs of handcuffs to ease the tension on his shoulders.

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An attorney for Moore’s family, Andrew Stroth, has said Moore had blood coming out of his ears and nose. 

“Immediately he’s jumping, hopping, and you can hear him screaming, ‘Help! I can’t breathe. I can’t breathe, take it off. I can’t breathe. I’m allergic to mace. I need help.’ And then it gets worse and worse,” Seller described. “He’s jumping up and down, shaking. Slowly, his screams are getting weaker and weaker. I believe I watched him die before they even took him out of the wing.”

“That brought on such a fear. The realization that these people can kill me, and there’s nothing I can do about it,” said Seller.

“From our perspective, it’s George Floyd 3.0, in prison,” the civil rights attorney representing the Moore family told KOMU 8 on Friday. “We’re demanding release of all the video.”

What is CERT? The State-Sanctioned Gang That Carried Out the Torture Killing

The Stanislaus County Sheriff’s Department CERT Team

The officers who killed Othel Moore Jr. were part of a so-called “Corrections Emergency Response Team (CERT),” which I will instead refer to as a Prison Terror Squad (PTS). PTS are tactically trained prison cops that operate like a prison-specific SWAT team. 

During mass searches, they swarm in overwhelming numbers, often hundreds deep, descending upon unarmed and helpless prisoners in the dead of night. They claim to maintain order; but their true purpose is to instill terror, inflict asymmetrical violence, and assert domination. 

CERT’s presence implies violence, creating a culture of constant terror within the prison system.

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Prison or Concentration Facility? MO State-Sanctioned Killings Reach Unprecedented Rates

In 2024, the Missouri so-called Department of Corrections saw a sharp increase to a staggering 13 deaths per month, an increase from the last several years’ average of 11 per month.

Image from Missouri Department of Corrections

These executions must be understood as acts of terror intended to strike sustained fear, domination, and control over the general populace of incarcerated comrades. The number of brothers who died while in custody last year was over 150—that’s about five times the number of United States soldiers killed in 2022.

Abolition Now: The Only Just Response

Any institution that regularly allows, enables, and even incentivizes such brutish, horrifying violence against humans—trapping them in cages, herding them, shocking them with shock gloves, spraying them with chemical weapons, asphyxiating and strangling them, depriving them of essential medical needs, infringing on their human rights, keeping them in sweltering heat over 100 degrees in the height of summer, beating and torturing—are not rehabilitation centers; they are concentration facilities.

It is incumbent upon all of us to see the horror of what happened to Othel not as a happenstance or aberration but, as the Missouri Justice Coalition described, “usual and commonplace” for MO prisons to act in this way.

This is not reformable. We must stand in solidarity with our comrades on the inside and demand abolition now!

The department’s own investigation and the firing of ten individuals involved in the incident are mere smokescreens to cover the fact these facilities are far closer to concentration camps than they are rehabilitative institutions.

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Omaha metro residents weather flood as Missouri crests

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Omaha metro residents weather flood as Missouri crests


OMAHA, Neb. (WOWT) – The National Weather Service said the Missouri River crested at just under 33 feet Saturday morning.

So far, the Pottawattamie County Emergency Management Agency reported no updates in flood-related efforts since then.

They told 6 News their overnight crews encouraged several people to get out of the floodwater near the Bob Kerrey Pedestrian Bridge.

They weren’t alone.

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Council Bluffs Police said they received a report of three people paddling upstream in a canoe beneath the pedestrian bridge.

Elsewhere, after this week’s high winds, the Omaha and Lincoln affiliates of the nonprofit group Rapid Response cut down and cleared out tree limbs for residents in the Florence neighborhood.

“They were a true blessing,” Lita Craddick said. “I was so amazed. I was so uplifted and I was overwhelmed almost.”

Craddick said she was faced with having to get estimates and not knowing what homeowner’s insurance would cover.

That was before Rapid Response swooped in.

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“Such a blessing,” Craddick said. “I was just totally in shock. I’m like, ‘No way.’”

Rapid Response teams are still helping clean up debris from April’s tornadoes, and they’re planning to help out with flood cleanup after the waters go down.

But it was important for them to help Florence homeowners Saturday.

“We talk to so many people, have so much work to do, so many jobs to do,” said Beth Sorensen, director of the Lincoln affiliate. “So we have to kind of prioritize which ones we’re going to do first. And in this neighborhood, with all these limbs on roofs and things, this was the priority today.”

Rapid Response said it’s badly in need of volunteers, including experienced chainsaw and skid-steer loader operators.

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If you would like to help out, click here.



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