‘A JUSTIFIABLE USE OF FORCE,’ PROSECUTOR RULES
The fatal shooting of a man who entered a home in rural Platte County near Dearborn on Sept. 18 has been determined a justifiable use of force.
Joshua C. Hinderliter, age 37, was shot by a female homeowner as he rushed toward her and through the entrance to her home. She will face no charges in the matter.
Platte County Prosecuting Attorney Eric Zahnd said, “After carefully reviewing the circumstances of this shooting, it is clear that this woman’s use of deadly force was justified. A man rushed toward her and entered her home while she was there alone with her four-year-old child. It is fortunate she was able to defend herself and her child, and they were not hurt in this terrifying incident.”
According to Zahnd, the woman saw a man she did not know on her property in the 15000 block of Masonic Drive in rural Platte County at about 9 a.m. on Sept. 18. The man, who was later identified as Hinderliter, was shirtless and acting strangely.
The woman told authorities Hinderliter tried to ride a pony owned by the woman and her husband. He then overturned the pony’s water tank and grabbed an electric gate, shocking himself.
The woman said Hinderliter became upset, ripped off the gate and threw it. The woman called her husband, who called 911. She then retrieved a handgun from a locked gun safe in the couple’s bedroom.
The woman heard Hinderliter shaking the front door of the home and heard the family dog yelping in distress. She told investigators that she feared Hinderliter was attempting to kill the dog.
Hinderliter moved to the couple’s driveway, and the woman opened the door, told him she had a gun and directed him to leave her dog alone and get off her property. ln response, the man raised his arms above his head, spoke in gibberish, and rushed toward her.
The woman told authorities she was afraid Hinderliter would hurt her or her child. She fired several shots at him, but he continued to move toward her. She retreated inside her home, but Hinderliter continued to charge her, eventually entering her home, where she fired several more shots at him.
Following the shooting, the woman fled the home to a neighbor’s house with her four-year-old child, whom she had placed in a bedroom prior to the shooting.
Hinderliter’s body was found inside the home. Toxicology results showed the presence of THC in Hinderliter’s system. His autopsy revealed he died of multiple gunshot wounds.
Zahnd said, “The law allows people to use lethal force to protect themselves or another person from death, serious physical injury, or a forcible felony. This woman reasonably believed a man she did not know who rushed toward her and into her home might hurt or kill her or her four-year-old child. While Mr. Hinderliter’s death is unfortunate, this woman had every right to defend herself and her child.”
The shooting was investigated by the Platte County Sheriff’s Department, which forwarded reports to Zahnd’s office without requesting charges to be filed.
In addition to Zahnd, First Assistant Prosecuting Attorney Mark Gibson and Assistant Prosecuting Attorney Michael Marta reviewed the case to reach the decision that the shooting was justified under Missouri law.
