No charges: Homeowner justified in fatal shooting of man inside Platte County home
A Kansas City area homeowner will not face charges in the fatal shooting of a partially naked man who acted strangely before rushing inside her rural Platte County home, prosecutors announced Friday.
"The law allows people to use lethal force to protect themselves or another person from death, serious physical injury, or a forcible felony," said Platte County Prosecutor Eric Zahnd in a news release. "This woman reasonably believed a man she did not know who rushed toward her and into her home might hurt or kill her or her four-year-old child."
While the man's death is unfortunate, "this woman had every right to defend herself and her child," Zahnd continued.
Joshua C. Hinderliter, 37, of Dearborn, Missouri, died in the shooting that occurred about 9 a.m. Sept. 18 in the 15000 block of Masonic Drive in rural Platte County.
'Praying to a horse'
Prior to the shooting, the woman saw a stranger on her property. The man, later identified as Hinderliter, allegedly was partially clothed and was acting erratically, including praying to a horse and attacking the homeowner's dog, the Platte County Sheriff's Office reported at the time.
The homeowner told authorities that Hinderliter tried to ride a pony owned by her and her husband. Hinderliter then allegedly overturned the pony's water tank. He became upset when he grabbed an electric gate and was shocked. He then ripped off the gate and threw it, Zahnd said in the news release.
The woman called her husband, who called 911. She then retrieved a handgun from a locked gun safe. The woman then heard Hinderliter shake the front door of the home and her dog yelp in distress. She told investigators that she feared Hinderliter was attempting to kill the dog, Zahnd said.
The woman opened her door when Hinderliter moved to the driveway. She told him she had a gun, to leave her dog alone and to get off her property.
Hinderliter allegedly "raised his arms above his head, spoke in gibberish, and rushed toward her," Zahnd said.
The woman fired shots at him. When he continued toward her, she retreated inside her home. Hinderliter allegedly charged her and entered the home. The woman fired several more shots at him, Zahnd said.
Following the shooting, the woman fled with her child, whom she had placed in a bedroom before the shooting, to a neighbor's house.
Review of case determined shooting justified
Investigators found Hinderliter's body inside the home. An autopsy revealed he died of multiple gunshot wounds. A toxicology report showed there was a presence of tetrahydrocannabinol, a chemical compound known as THC found in cannabis that is responsible for its psychoactive effects.
"After carefully reviewing the circumstances of this shooting, it is clear that this woman's use of deadly force was justified," Zahnd said. "A man rushed toward her and entered her home while she was there alone with her 4-year-old child. It is fortunate she was able to defend herself and her child, and they were not hurt in this terrifying incident."
The Platte County Sheriff's Office investigated the fatal shooting and forwarded its reports to the prosecutor's office without requesting that charges be filed.
Zahnd, along with first assistant prosecuting attorney Mark Gibson and assistant prosecuting attorney Michael Marta, reviewed the case and reached the decision that the shooting was justified.
