SPRINGFIELD, Missouri — A
Springfield police officer faces a misdemeanor assault charge after shooting a
fleeing panhandler in early May near a grocery store.
Greene County Prosecuting
Attorney Dan Patterson announced Thursday a charge of third-degree assault
against Jason Shuck, 35. Shuck faces up to one year in jail if convicted.
A probable cause statement
shows that Springfield resident Eric Butts, 27, was standing outside the store
with a cardboard sign saying he had lost his job, had a pregnant wife and was
"in need of help." Police were called because Butts had an
outstanding arrest warrant for failing to appear in court on a parole
violation.
Shuck told investigators he
instead meant to shoot Butts with a stun gun, but the probable cause statement
notes that the right-handed officer had to reach across his body for the much
lighter Taser attached to the left side of his belt. Butts was wounded in the
lower back and suffered serious intestinal injuries that require him to use a
colostomy bag, the Springfield News-Leader (sgfnow.co/1kIOBwp) reported.
Police Chief Paul Williams that
Shuck is on paid administrative leave pending the outcome of the case. He added
that Shuck could keep his job even if convicted, subject to the department's
own inquiry.
"The internal
investigation is separate from the criminal investigation, and it is in
process," he said.
Shuck's attorney did not
immediately respond to a request for comment Friday. Butts has hired a lawyer
to pursue a possible civil lawsuit against the city.
The officer told a Springfield
police detective that "the best explanation that I have is that my ...
brain was saying Taser ... but my body moved faster than my brain,"
according to the probable cause statement.
Former Greene County prosecutor
Darrell Moore said he can't recall another case in the past three decades where
a police officer in the county was criminally charged for an officer-involved
shooting.
"I think it sends a good
message to the public that law enforcement and prosecutors believe that law
enforcement officers should be held to the same standard as civilians when it
comes to deadly force — that it should be justified," he said.
Patterson, the current
prosecutor, said Shuck was charged with a misdemeanor rather than a felony
because the investigation pointed toward criminal negligence.