Fatal shooting in Anderson deemed self-defense case

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October 19, 2009

Anonymous The Joplin Globe Mon Oct 19, 2009, 11:13 PM CDT

By Jeff Lehr

jlehr@joplinglobe.com

PINEVILLE, Mo. — A 39-year-old man, who reportedly shot and killed another man in self-defense Sunday night in Anderson, has been turned over to U.S. marshals in anticipation of a federal weapon charge.

McDonald County Sheriff Robert Evenson said Matthew D. Robertson, 32, died of a single shotgun blast during an altercation with Michael J. Smith at the Wallain Court apartment complex in Anderson, where both men lived in separate units.

Authorities received a call at 8:30 p.m. reporting the shooting at the apartments and found Robertson dead, the sheriff said. Evenson said deputies determined that Robertson was in the act of breaking in the door to Smith’s home when Smith shot him in the chest with a .410-gauge shotgun.

“It appears that he is not going to be charged with any homicide-related charge,” the sheriff said.

There were witnesses to the shooting whose accounts substantiate the self-defense claim, Evenson said.

Evenson said the shooting was preceded by an altercation Saturday night during which Robertson reportedly punched Smith in the face. A second exchange of words took place Sunday night outside Smith’s apartment, with Smith retreating inside and locking his door, the sheriff said. Evenson said Smith reportedly told Robertson before going inside that he did not want to fight.

“As (Robertson) forced the door, Smith fired one shot from his .410 shotgun, which struck Robertson in the chest and was immediately fatal,” the sheriff said.

Smith initially fled the scene. He was found at an address near Stella in Newton County, returned to McDonald County and held overnight while deputies investigated the shooting, Evenson said. The determination was made Monday not to charge him in the shooting, the sheriff said.

But, because of a prior felony conviction, the U.S. attorney’s office in Springfield plans to charge Smith with being a felon in possession of a firearm, Evenson said. Smith was transferred to the custody of the U.S. Marshals Service. Specifics of the prior felony conviction were not available Monday night.

Records

Both men involved in a fatal shooting Sunday in Anderson had prior criminal records, according to McDonald County authorities.

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Fatal shooting in Anderson deemed self-defense case

Six judges in a county in Kansas are using iPads to sign off on search warrants so law enforcement can more quickly draw blood from suspected drunken drivers. Do you think more counties should use this technology?

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