Missouri self-defense laws could play a factor in a Moberly murder case
Erika McGuire
COLUMBIA, Mo. (KMIZ)
A Moberly man charged with second-degree murder in the shooting of a 23-year-old woman told police he fired in self-defense.
Whether the legal system agrees could depend on whether and how David K. Heyde, 68, invokes the state’s self-defense laws.
Heyde, 68, shot and killed Bailey Scott on July 6. He was charged on Thursday.
Missouri remains one of several states with a “stand your ground” law, which removes the duty to retreat before using deadly force in self-defense. It’s unclear whether the law will play a role in Heyde’s case.
“Stand your ground is simply self-defense expect you don’t have to retreat,” Former prosecutor Bill Tackett said.
The law, enacted in 2017, allows a person to use deadly force if they reasonably believe their life is in danger, without needing to retreat. Deadly force is also permitted if a person believes they’re at risk of serious crimes such as murder, robbery, burglary, kidnapping or forcible sexual offenses.
“Any crime really, any confrontation that you you have the ability to retreat, under self-defense you have to do that, stand your ground says what it says you don’t have to retreat,” Tackett said.
However, the belief that a person was in danger must be held up in court.
“Would a normal person believe that they were in imminent threat of lethal force, if someones pointing a gun at you, if someones pulled a knife on you, but in this case you just don’t have that,” Tackett added.
Missouri also has a version of the “castle doctrine,” which allows people to use deadly force to protect themselves against intruders. The law extends protections to individuals who feel threatened in their home, vehicle, on private property or any place where they have a legal right to be.
Stand Your Ground is fairly similar to self-defense but has one key difference.
“Self-defense requires lethal threat and it has to be reasonable and you have to have no way to retreat,” Tackett added.
According to the National Conference of State Legislatures, Missouri is one of 28 states that have laws removing the duty to retreat before using force in self-defense. Puerto Rico also has this law.
A 2022 peer-reviewed study found that stand-your-ground laws are linked to increased homicide rates, amounting to hundreds of additional deaths per year. Researchers found the laws were associated with an 8% to 11% national increase in monthly rates of homicide and firearm-related homicide.
According to court documents, Heyde told investigators that Bailey Scott approached his home to confront him about feeding birds. Heyde said he answered the door with a gun in one hand, claiming he did not know the woman at the door.
He allegedly told police he asked Scott to leave and that she hit him in the face with her right hand. However, investigators noted they found no visible bruising or swelling on Heyde’s face.
Heyde told police he was “stunned” and reacted by firing two shots, ultimately shooting and killing Scott, according to the documents.
While there are laws in place, Tackett says choosing to retreat when possible is always the best option.
“When would you not retreat, if you had the ability to retreat that saves everybody’s lives, it saves everybody from being injured, it just strikes me as something you would do,” Tackett said.
Heyde’s first court appearance is scheduled for Monday afternoon in Randolph County.