Cape County prosecutor declines to file charges in fatal July stabbing

Missouri's "Castle Doctrine" is providing a complete defense to the person who fatally stabbed Walter Scott Claar, 37, during an altercation that took place inside a private Cape Girardeau County residence on July 3.

According to Cape Girardeau County Prosecuting Attorney Morley Swingle, no criminal charges will be filed in connection with Claar's death.

In a letter sent Friday to Cape Girardeau County Sheriff John Jordan, Swingle wrote that he was declining to file a charge because he believes the force used on Claar was legally justified under the law. According to Swingle, Claar had been told to leave the premises where the incident occurred and was committing the felony of second-degree domestic assault against a woman at the time the woman's daughter's boyfriend tried to protect her and help her eject Claar from the premises. During the altercation, Claar received two stab wounds from a knife. The name of the man who stabbed Claar has not been released, nor has that of the domestic violence victim.

Swingle said under the law that a person may use deadly force against someone who is committing a forcible felony.

The man's actions were legally justified under the law, he wrote in the letter.

"While it was a tragedy, it would not have happened had Walter Claar not been committing a forcible felony of domestic assault," Swingle wrote.

Before 2007 when the law was changed, the incident would not have been a justified homicide and the person would have been charged, Swingle said Friday.

Claar was taken to an area hospital following the incident and underwent surgery for his injuries, but died on July 7.

Jordan said Friday he could not yet comment on the letter containing the decision by Swingle.

According to Swingle, Claar assaulted the woman twice the day before the incident that resulted in his death, once at her mother's home and once at her home. The woman told her daughter what happened, and three people, including her daughter's boyfriend, went to the woman's home to try to get Claar to leave. Claar began assaulting the woman after she told him to leave her home, and her daughter's boyfriend grabbed Claar and pulled him away from the woman, according to reports. The man struggled with Claar in an effort to push him out the door, Swingle wrote. According to the man, Claar had previously threatened him with a knife, so he had picked up a kitchen knife off the counter. The man punched Claar in the chest with the hand holding the knife during the struggle to get Claar out the door, Swingle wrote, causing two small puncture wounds that proved to be fatal.

Swingle wrote that the "Castle" law also provides that anyone justified in using such force has an absolute defense to a criminal or civil suit.

No family members of Claar could be reached Friday for comment.

eragan@semissourian.com

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