Massey cleared of manslaughter charge

Horn says judge used Castle Doctrine to dismiss charges

By TERESA RESSEL
Daily Journal Staff Writer

FARMINGTON — A manslaughter charge that was filed against a rural Bonne Terre man following a coroner’s inquest was dismissed by a judge Monday.

Donald R. Massey, a former police officer, was charged in May with first-degree involuntary manslaughter after a coroner’s jury determined a felony had been committed in connection with the January shooting death of Eugene Koester. The charge alleged Massey recklessly caused the death of Koester by shooting him.

However, during a preliminary hearing on Monday, Associate Circuit Court Judge James H. Kelly, determined the case should not be bound over for trial in the circuit court because there was not probable cause to believe Massey had committed a felony crime.

“The judge dismissed the case based on the Castle Doctrine,” St. Francois County Prosecuting Attorney Wendy Wexler Horn said.

The Castle Doctrine, a new state statute related to self defense, in part, states a person may not use deadly force unless they believe such force is needed to protect him or her from a forcible felony. Horn said in this case, the forcible felony was an assault as Massey alleges Koester was trying to choke him.

The judge heard testimony at the preliminary hearing from two deputies, a pathologist and Massey’s wife. Massey’s attorney, Chris Hartmann, played a recording of the 911 call for the judge.

During the preliminary hearing, Shirley Massey, Donald’s wife, testified Koester lived across the street and was a friend until a fight in September. The fight resulted in Donald Massey having to get stitches in his face.

She said there had been another incident, too. They had helped him out a lot and didn’t hate him, she said.

When Koester showed up drunk at their house Jan. 18, Koester told her that he and her husband had “made up.”

She said while her husband was calling his mother, Koester got upset at him and told him to get off the phone because he wanted to talk to him.

She said her husband told Koester he was going to bed and Koester should leave. She said when her husband went to the bedroom, Koester made a comment that he was going to beat up her husband. Koester followed Massey into his bedroom.

She said she heard yelling and a scuffle. She said she heard Koester say that he wanted to settle things now. Soon after, she said she heard him say “shoot me” and “put me out of my misery.” She said she then heard a gunshot and called 911.

The prosecutor asked Shirley why she didn’t call police or get an ex-parte order against Koester after the previous incidents. She said her husband asked her not to because he didn’t want to cause any trouble for Koester. They believed he had an outstanding warrant in another state.

Shirley said her husband did have to go to the hospital after one incident to get stitches. He told the doctor he had fallen off a horse.

Horn asked why she didn’t call police when Koester threatened her husband before the shooting that night. She said they had had several arguments and they always patched things up.

Massey told police that Koester came in his bedroom, grabbed him and tried to choke him. He said he spun away and got a rifle that was under his sleeping bag on the bed. He pointed the gun at Koester and told him to leave.

Massey said Koester grabbed the barrel and pointed it at himself, telling Massey to “put me out of my misery.” He said at some point, the rifle discharged and Koester was shot in the chest.

Hartmann described the incident as a “clear-cut case of self defense.” He said on that night, Koester had attacked Massey like he had done before and Massey had no other choice but to defend himself. He said Koester was a younger and stronger man.

Horn had argued Massey had other options to take before it escalated to a shooting.

Teresa Ressel is a reporter for the Daily Journal and can be reached at 573-431-2010, ext. 179 or at tressel@dailyjournalonline.com.

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