Kirksville Shooting Sparks Castle Doctrine Debate COLUMBIA, MO (KBIA) - An investigation into the shooting death of Rogelio Johnson last May in Kirksville sparks debate over Missouri's new Castle Doctrine - a law that changes the definition of justification for use of deadly force when protecting oneself. KBIA's Brian Lewis has more.


A shooting in Kirksville is testing Missouri's new Castle Doctrine. And the case may be on its way to the State Attorney General's office. The Adair County Coroner conducted an inquest into the fatal shooting of Rogelio Johnson last May. The coroner's jury concluded the shooting was a death by felony. However, Adair County Prosecutor Mark Williams declined to pursue a criminal case against Jackie Gleason, the woman who allegedly shot Mr Johnson as he crawled through her window. Gleason is the Adair county Jail Administrator. The jury at the inquest considered Missouri's new "Castle Doctrine" - new law that allows individuals to shoot first when confronted by an intruder in their home or car. Instead of filing charges against Gleason, Williams has requested that the Missouri Attorney General's office take on the case. Williams says this is because the new law is vague about the procedure to be used when a case activates the Castle Doctrine.

If the intent of the doctrine is to grant immunity then just say it in the statute you know if certain facts are there then grant the immunity to the potential defendants. Don't leave it up to either a prosecutor or a jury to say whether or not the defense has been met and its completed."

Brian Noe has been the Adair County Coroner since 1989. He says the purpose of the coroner's inquest is to bring the case into the public record.

There are six jurors and one alternate that are picked out of the regular jury pool that listen to the case and look at all the evidence and then they make a decision whether they think there was a felony involved or whether it was a justifiable homicide.

He says that moving the case to the attorney general's office may have to wait until next year because of the upcoming elections.

"I don't know if I'd want to go into office, having that waiting on my desk."

Gleason has been on the job since the shooting. Adair County Sheriff Leonard Clark says there is no policy for requiring administrative leave following shootings off-duty.
© Copyright 2012, KBIA