By Derek Spellman
dspellman@joplinglobe.com
PINEVILLE, Mo. — A judge is expected to rule soon whether a Noel man should stand trial on a charge of voluntary manslaughter in a shooting death last year.
A Noel police officer testified Wednesday that James L. Patterson shot Marty E. Reece five times after an altercation Sept. 7 near Reece’s home. Patterson’s daughter was Reece’s estranged wife.
But Patterson’s defense attorney, Duane Cooper, raised questions about whether the shooting was defensive.
The comments came during Patterson’s preliminary hearing Wednesday in the Associate Division of McDonald County Circuit Court in Pineville.
‘Shots fired’
Michael Miller, the chief deputy marshal of Noel, was the lone witness called to testify during the hearing.
Miller said he was summoned about 9:30 p.m. Sept. 7 to the scene of the shooting, near the intersection of Highway 90 and Alexander Street, in response to a report of “shots fired.”
He said he found Patterson and his wife, Kimberly D. Patterson, standing near a vehicle, and James Patterson’s daughter-in-law, Jindy Patterson, cradling Reece’s body in a nearby ditch.
“She had his head and upper torso in her lap,” Miller told the court.
Recounting an interview with James Patterson a couple of days later, Miller testified that Patterson told him that he and Reece had spent part of Sept. 7 together playing golf and pool. Reece apparently had been drinking, Miller said.
The pair parted ways at some point that day. Miller said Patterson later that night received a phone call at his home from Jindy Patterson, who said, “If you can hear me, I need you to come right now” in response to a quarrel with Reece. Patterson’s wife told him that he should take a gun with them as the couple headed toward Reece’s home several miles away. Authorities later identified that weapon as a .45-caliber Ruger handgun.
Authorities have previously said that Reece and Jindy Patterson were getting a divorce at the time of the shooting.
When the Pattersons arrived, according to Miller’s interview of James Patterson, James Patterson headed toward a vehicle that had been carrying Jindy Patterson and Reece. James Patterson reportedly told Miller that he approached Reece first, and that Reece “sucker-punched” him. Miller testified that he saw blood on Patterson’s face at the scene.
Miller said Patterson told him that he tried to throw Reece down, causing the pair to struggle. Jindy Patterson apparently tried to get between the two men.
Kimberly Patterson then began to strike Reece in the head with the Ruger, prompting him to turn and go after her as if he “was trying to get the gun,” according to Miller’s testimony.
James Patterson then took the gun from his wife, moved a round into the chamber and started firing, Miller said. The deputy said James Patterson later told him that he could not recall how many times he had fired. Authorities later determined that five shots were fired.
One shot, Miller said, traveled through Reece’s arm and struck him in the chest. The other four shots hit Reece in his side and back.
Self-defense?
Miller acknowledged under cross-examination by Cooper that it is “very possible” for people who are involved in defensive shootings to be unable to recollect precisely how many shots were fired.
Miller also said Reece had a “history of violence” against Jindy Patterson, that none of the Pattersons had ever told him that the shooting was anything but self-defense, and that the Pattersons had called 911 after the shooting. Miller said the Pattersons also told him that they tried to resuscitate Reece before Miller’s arrival.
Associate Judge John LePage said after the hearing that he would take the testimony under advisement before ruling.
Request
Defense lawyer Duane Cooper asked the court to take the Noel officer’s testimony under advisement pending the filing of legal briefs.
