Prosecutor says shooting by state trooper was justified

Cape Girardeau County Prosecuting Attorney Chris Limbaugh has determined a Missouri State Highway Patrol trooper was justified when he shot and killed a man during an intense tussle after a traffic stop near Neelys Landing.

Jeffrey Darrell Hobbs, 48, died as a result of the shooting that occurred April 29. Limbaugh said trooper Jason McBride did not break any laws, according to a letter he sent to the highway patrol and distributed to the media Friday.

“In conclusion, it is without question that Hobbs presented clear and immediate danger of serious physical injury to McBride,” Limbaugh wrote. “Despite the immediate threat to his safety, McBride continued to attempt to control the situation by commanding Hobbs to stop and by making efforts himself to turn off the ignition. ... These events are tragic, not criminal.”

Limbaugh disclosed the identity of the trooper, who previously had not been identified. Missouri State Highway Patrol Sgt. Clark Parrott said the highway patrol is referring all questions to the Cape Girardeau County Prosecuting Attorney’s Office. McBride could not be reached for comment.

Limbaugh cited state statute that McBride was under no obligation to retreat or cease his attempts to complete the arrest based on Hobbs’ behavior; therefore, the stop and attempted arrest were lawful. Limbaugh cited a different statute that the use of deadly force was justified under the circumstances.

“The officer is justified in using deadly force in effecting an arrest when the officer reasonably believes such force is immediately necessary where the person to be arrested has committed a felony, is attempting to escape by use of a deadly weapon or the subject may otherwise endanger life or inflict serious physical injury unless the subject is arrested without delay,” Limbaugh wrote.

Limbaugh wrote he reviewed investigative reports, photographic evidence, listened to all recordings of interviewed witnesses, watched the trooper’s dashcam video and audio recording.

At 6:19 p.m. April 29, McBride instigated a traffic stop on Hobbs’ vehicle that was traveling 22 mph above the speed limit on Highway 177 and swerving within its lane, according to Limbaugh’s release. Hobbs pulled over into a driveway near the Lil Country Store and immediately exited his vehicle, Limbaugh wrote. Hobbs refused initial commands to re-enter his vehicle, then complied, but exited his vehicle again, refusing more commands.

“Hobbs also displayed other erratic behavior where he would comply with McBride’s commands and then not comply,” Limbaugh wrote.

McBride attempted to detain Hobbs by handcuffing him but was able to secure only Hobbs’ left wrist before Hobbs’ behavior “escalated to physical and violent resistance.” Limbaugh said McBride thought Hobbs might have been under the influence of an intoxicating substance.

Hobbs and McBride fell to the ground several times during a struggle, and Hobbs rolled over the hood of the patrol car, Limbaugh wrote. Hobbs struck McBride in the head with the loose handcuff, according to the release.

“McBride is heard yelling, ‘you are under arrest’ ... with Hobbs responding, ‘I don’t want to go,’” Limbaugh wrote.

Hobbs broke free of McBride and re-entered the driver’s seat of his vehicle, and McBride followed by partially entering the driver’s side, Limbaugh wrote. Hobbs turned on the ignition and began driving with McBride “partially inside the vehicle,” according to the release.

“The audio recording shows McBride repeatedly yelled for Hobbs to stop as the car engine was revving and accelerating,” Limbaugh wrote.

A witness said McBride was being dragged by Hobbs’ vehicle as it did a “doughnut” and drove through the witness’ yard near the driveway, Limbaugh wrote. McBride said in an interview he feared he would have been dragged under the rear tires of the vehicle and killed.

“McBride’s backup Ruger handgun, which was previously secured around his ankle, appeared to have been torn from its ankle holster and found alongside the tire marks left in the grass,” Limbaugh wrote. “This would further indicate that McBride’s legs and feet were being dragged in proximity to the vehicle’s tires as it was moving,” Limbaugh wrote.

McBride shouted if Hobbs did not stop, he would shoot him, according to the release. Hobbs told the officer not to shoot him but began driving again with McBride partially inside, Limbaugh wrote. McBride fired two shots into Hobbs at close range, Limbaugh wrote.

“Hobbs continued to refuse to obey the officer’s commands until the time as his injuries rendered him unable to continue resisting,” Limbaugh wrote.

The vehicle came to a stop, and McBride radioed for an ambulance, according to the release. McBride attempted to render medical aid to Hobbs, who died at the scene, Limbaugh wrote.

An autopsy concluded Hobbs was shot twice in the left side of his chest at close range, consistent with McBride’s account, Limbaugh wrote. Hobbs had a marked impression on his left wrist consistent with him struggling with McBride while the handcuff was attached to his wrist, according to the release.

Hobbs’ blood and urine contained a high level of methamphetamine and the powerful painkiller Oxycodone, according to a toxicology report, Limbaugh wrote. Methamphetamine and Oxycodone were recovered from the inside of Hobbs’ car, and two Oxycodone pills were recovered from Hobbs’ pocket, according to the release.

Photographs showed cuts McBride received around his eyes, and grass and mud around his pants and feet, consistent with being dragged alongside the car, Limbaugh wrote.

McBride also suffered a concussion, labral tear to his shoulder and a ruptured eardrum, according to the release.

“The physical evidence at the scene was consistent with the Trooper’s account of events and independent witness accounts,” Limbaugh wrote.

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