Teenager Shot After Mistakenly Going to Wrong House | October 2023
October 2023 | Volume 15, Issue 3
Read the accompanying article from ABC News.
The Shooting and the Criminal Charges
According to the article, Andrew Lester, the Kansas City man charged in the shooting of Ralph Yarl after the teenager mistakenly went to the wrong house, pleaded not guilty during his recent arraignment after that his case will head to trial.
Lester waived his rights to have the charges read and his trial is expected to begin on October. 7, 2024
Lester's attorney Steven Salmon confirmed to the media that Lester would plead not guilty.
Lester, a homeowner in Kansas City, Missouri, shot Yarl in the head and in the right arm on the evening of April 13, according to police, after the teenager mistakenly arrived at Lester’s home to pick up his twin siblings.
Lester, 84, was charged with one count of felony assault in the first degree and one count of armed criminal action, also a felony, Clay County prosecuting attorney Zachary Thompson said during a press conference on April 17.
The Preliminary Hearing
During a preliminary hearing on August 31, Clay County Judge Louis Angles ruled that Lester will stand trial because there was enough probable cause that a felony has been committed.
The ruling came following testimony from 12 witnesses, including Ralph Yarl and his mother Cleo Nagbe.
Yarl’s Account and Lester’s Account
Yarl, who suffered a traumatic brain injury after the shooting, testified that he is still dealing with the physical and mental impact of the shooting and recounted the moments before he was shot.
He said that he rang the doorbell and waited "an amount of time I considered longer than normal” and eventually the main interior door opened and as he reached for the locked glass storm door, he was shot twice -- the first time in his head and once again when he was on the ground.
He said that he never said anything to Lester, but after the shooting Lester said, "don't come here ever again."
According to a probable cause statement obtained by the media, Lester, who is white, told police that he "believed someone was attempting to break into the house" and grabbed a gun before going to the door because he was scared.
"Lester stated he opened the interior door and saw a Black male approximately 6 feet tall pulling on the exterior storm door handle. He stated he believed someone was attempting to break into the house and shot twice within a few seconds of opening the door," the statement reads.
Yarl said in a June 27 media interview that he was shot through a glass door.
"He points [the gun] at me … so I kinda, like, brace and I turn my head," Yarl said. "Then it happened. And then I'm on the ground ... and then I fall on the glass. The shattered glass. And then before I know it, I'm running away shouting, 'Help me, help me.'"
Discussion Questions
- Research the Missouri criminal code and explain the elements of the two criminal counts alleged in this case.
As indicated in the article, Andrew Lester has been charged with one count of first-degree assault and one count of armed criminal action, both felonies.
According to Section 565.050 of the Missouri criminal code, “a person commits the offense of assault in the first degree if he or she attempts to kill or knowingly causes or attempts to cause serious physical injury to another person.”
According to Section 571.015 of the Missouri criminal code, “any person who commits any felony under the laws of this state by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon is also guilty of the offense of armed criminal action.” - Explain Missouri’s “castle doctrine” and “stand your ground” law.
In 2007, Missouri law was enacted that allows citizens to use deadly force under certain circumstances, including against someone who “attempts to unlawfully enter a dwelling, residence or vehicle” that is occupied. In 2016, the law was expanded to allow no-retreat, self-defense to people in “any other location such person has the right to be.” The effect of these laws is to provide wide latitude for people to use lethal force. - In your reasoned opinion, do the facts presented in this case support Mr. Lester’s conviction, or do the self-defense laws recognized in Missouri absolve him of criminal liability? Explain your response.
This is an opinion question so student responses may vary. In your author’s opinion, even though Missouri’s law is quite expansive in terms of the right of self-defense, it does not rise to the level of allowing someone to simply “shoot first and ask questions later.” In your author’s opinion, Mr. Lester was obligated to assess the situation to determine whether Ralph Yarl was a legitimate threat (he was not.) This is true even though Mr. Lester is 84 years old.