(Press Release, Henry County Prosecuting Attorney, May 20)
Henry County Prosecuting Attorney Richard Shields announces that his office will not file any criminal charges in the May 4th shooting death of Jonathon Joseph Nahrstedt, 24, Warsaw.
On May 4, officers of the Clinton Police Department were dispatched to a report of a shooting in the 500 block of South Carter Street in Clinton.
Upon arrival they discovered Nahrstedt who had suffered multiple gunshot wounds. He was transported to the Golden Valley Memorial Hospital Emergency Room via ambulance where he was pronounced deceased. A 21-year-old Clinton man was arrested on an investigative hold and released after 24 hours.
Clinton Police completed their investigation and forwarded their report to the Henry County Prosecutor’s Office.
Prosecutors in the office reviewed the facts of the referral and after considering applicable law, Prosecutor Shields decided the man involved in the shooting was legally justified in using deadly force to defend himself from the imminent use of unlawful deadly force by Nahrstedt.
Under Missouri law a person may use physical force upon another person when and to the extent he or she reasonably believes such force to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the imminent use of unlawful force by such other person.
A person may use deadly force only if he or she reasonably believes that such deadly force is necessary to protect himself, or herself or her unborn child, or another against death, serious physical injury, or any forcible felony.
According to witness statements, Nahrstedt went to the other man’s home and threatened him. The other man was armed with a pistol and Nahrstedt produced a knife and advanced towards the man with a pistol who fired four shots, striking Nahrstedt three times.
Prosecutor Shields emphasized that his decision was based solely on the application of the facts to the Missouri Revised Statutes regarding justification. He said that he is not expressing an opinion about whether the 21-year-old man’s actions in the shooting or the events leading up to it were prudent or showed good judgment.
