"Justifiable Homicide"
Coroner's inquest jury rules in shooting of local man
Apr 02, 2008 - 15:06:30 CDT
Two weeks after an exchange of gunfire resulted in the death of a Madison County man, this community, and family members of the parties involved got some answers about the incident.
Monday, March 31, Madison County Prosecutor Lora Cooper and Madison County Coroner Chris Follis conducted a coroner’s inquest into the March 17, 2008 shooting death of John Alexander Tinnin, 45, of Madison County. Tinnin’s body was found at the Highway V Bridge in Madison County, where the shooting took place. After weighing the evidence, the six-person coroner’s jury ruled the death of Mr. Tinnin to be: “Justifiable Homicide.”
The inquest began at 1:37 p.m., in front of a crowd jammed into the Fredericktown City Hall. Many in the crowd were related to one of the parties involved. Others were simply interested in getting some answers about the two-week-old shooting.
Follis swore in the members of the jury, and read the “Charge to the Jury.”
“Your duty is to hear the evidence and determine whether John Alexander Tinnin died by felony or justifiable homicide,” Follis explained to the jury members.”
Follis explained that after hearing all of the evidence if the jury found “Herbert Alan Jones caused the death of John Alexander Tinnin by shooting him and that Herbert Alan Jones did not act in lawful self-defense in shooting John Alexander Tinnin then you should declare that John Alexander Tinnin died as a result of a felony...”
Follis then explained what constitutes “lawful self-defense.”
“In order for a person lawfully to use force in self-defense, he must reasonably believe he is in imminent danger of harm from the other person,” Follis explained.
He further explained: “As to Herbert Alan Jones, if he reasonably believed he was in imminent danger of death or serious physical injury from the acts of John Alexander Tinnin and he reasonably believed that the use of deadly force was necessary to defend himself, then he acted in lawful self-defense.”
If the jury believed Jones acted in “lawful self-defense” they were to rule the death to be “justifiable homicide.”
Follis concluded by saying that after the jury heard all of the evidence, they would retire to the jury room, select a foreperson, discuss the case, and come up with one of two verdicts: “Felony” or “Justifiable Homicide.” Follis said the decision of the jury must be unanimous.
The first person to testify was Dr. Russell Deidiker, forensic pathologist for Mineral Area Regional Medical Center, who performed the autopsy, March 17, with Madison County Sheriff’s Deputy Becky McFarland present. Deidiker said he ruled the death of Mr. Tinnin to be a homicide, defined only as “death at the hands of another.’’ Deidiker said this ruling did not include any judgment about whether or not a crime had been committed. Deidiker said Mr. Tinnin suffered multiple gun-shot wounds, and he described each of them. He discussed two of the wounds both of which would have been fatal.
The next three witnesses were family members or friends of Mr. Tinnin. They talked about his state of mind on the evening before the incident. The next two witnesses, Vera Francis and Shane Stephens, as well as phone and caller i.d. records collected by Deputy McFarland established that Mr. Tinnin planned on meeting Stephens and James O. Francis III at 12:45 a.m., March 17, 2008, near the intersection of Highways F and V in Madison County. Stephens also testified that Mr. Francis said he was threatened by Mr. Tinnin. Authorities have been unable to locate Mr. Francis to serve him with a subpoena to testify.
Stephens said they came across the bridge and saw a truck off the road. He said he went up to the truck and checked on the driver, who turned out to be Mr. Tinnin. He said they did not know the man in the truck (Tinnin) had been shot or that he was dead. Stephens said he and Francis then drove to a location where they could get a cell-phone signal to call 9-1-1, but they met a sheriff’s deputy responding to the scene.
The next two witnesses were George and Linda Starkey, who live closest to the scene of the shooting. They both testified they were awakened by the sound of gunshots and went to a window of their home overlooking the bridge. Mr. Starkey said he heard another vehicle leave the scene rapidly, following the gunfire. They also both confirmed Stephens’ testimony that the two young men checked on the person in the truck not long after the shooting, and before the arrival of law enforcement officials.
Deputy David Simmons testified next and explained he was the first law enforcement official at the scene. He called for an ambulance, as well as another law officer. He said he found the truck partially in the Castor River, as Stephens and the Starkeys testified. Fredericktown Police Officer Ken Tomlinson was the next on the scene, and he got on top of the truck and reached in to check on the pulse of the subject inside. He said he got no pulse, and he turned off the ignition of Mr. Tinnin’s truck. Tomlinson and two EMS personnel testified next. The EMS personnel removed Mr. Tinnin from the truck and hooked him up to a monitor, which confirmed he was deceased.
Cooper then played three 9-1-1 calls, the first two from Doug Meeks and the third from Renee and Herbert Jones.
Mr. Meeks testified next, and said he was awakened at approximately 12:45 a.m., March 17, by his cousin, Herbert Jones. Meeks said Jones explained that a man in a dark pickup had fired a gun at him at close range, and he fired back before speeding away from the scene. Meeks said Jones told him to call 9-1-1, and all the while Jones was relaying information to Meeks. Meeks said he went out and saw the bullet hole behind the cab of Jones’ truck, as well as a shot out window on the passenger side with a big portion of the window gone.
The next person to testify was Herbert Jones. He explained that he was planning to do some “full moon fishing” with a friend on Friday and decided to go catch some minnows, leaving his house a little after 11 p.m., March 16. He told his wife he would be going to DD bridge and V Bridge. He said he got a bucket full at DD and drove to V Bridge at 12:17 a.m. Shortly thereafter, he encountered someone in a white pickup, which turned out to be Francis. They spoke briefly, Jones said he shook the young man’s hand, and the white pickup drove away.
He said he next encountered Mr. Tinnin coming around from F Highway toward the bridge. Jones pulled off into the gravel area. Jones testified the man (Tinnin), who he did not know, asked “Am I supposed to meet you here?” Jones described the vehicle as a Black Chevy pickup with one headlight out. Jones said he told the man he was just getting some minnows. Jones said the pickup turned around and headed back across the bridge, so he pulled his vehicle onto the side, again. Jones said the truck stopped 10 to 20 feet behind his, and sat for 15-20 seconds before it took off and passed Jones’ vehicle heading toward F again. Jones said he pulled back onto the bank, again. Shortly thereafter, Jones said he observed the same truck coming toward his again. He knew it was the same truck, because it had just one headlight. This time Jones, who was back in his own vehicle, said he saw the man holding a pistol outside the truck. Jones says he reached for his own gun and held it at his side, as the truck approached. Jones said the man told him “your leaving now (expletive),” and as he uttered the last word or just a second later, the man (Tinnin) fired his pistol at Jones. Jones said he saw a flash and fired back. Jones said he was not sure how many times he fired, but that he kept five rounds in his pistol, a .357. Jones said he then floored his truck , and never looked back. Jones said he ran over the Starkey’s mailbox in his haste to get away, and he said he was also very fortunate to keep his vehicle on the road. Jones said he went to Meeks’ house and told him to call 9-1-1. Jones said he went to speak to Sheriff David Lewis at 4 a.m., and he asked the Sheriff if the man was all right. It was at that time, that Jones was informed he had killed Tinnin.
Deputy Tony Young testified next. Young confirmed that while on patrol in the area near F and V Highway, he had seen Jones catching minnows late at night on previous occasions.
Deputy McFarland testified next, and described how she and Sheriff Lewis assessed the scene of the shooting, gathered evidence, and interviewed many of the parties involved. McFarland said she found a .454 revolver and a .38 revolver in the floor of Tinnin’s vehicle near his feet. The .454 was the gun investigators believe Tinnin fired toward Jones. No one testified as to whose gun this was, but after the inquest, it was established that Tinnin had a permit for the same Ruger .454, which he was granted in 2003.
Deputy McFarland confirmed much of the earlier testimony, as she testified to interviews she conducted, timelines she established with the help of caller i.d. devices on many of the parties phones, and her investigation of the scene.
The final witness to testify was Sheriff Lewis. He explained how 2-3 hours of investigation was done in the darkness on the morning of March 17, and the evidence gathering continued through the day when light permitted better sight. Lewis said he interviewed Jones March 17, and later, and his testimony was always consistent. Lewis said it appeared Tinnin’s weapon had been fired five times. Lewis said not all of the forensic evidence has been returned from the crime lab. Lewis also discussed the diagrams showing the trajectory of the bullets fired by both men. Lewis closed his testimony by saying after all of the investigation done by him and his department, he could not find anything to contradict the testimony of Mr. Jones.
Following the witnesses testimony, at 4:36 p.m., Follis instructed the members of the jury to go back into the jury room, discuss what they had heard, write down their finding, and return to the city council chambers. The jury returned at 4:56 p.m. Follis read their finding. They said they unanimously found this to be a case of “justifiable homicide.” Follis accepted the finding, and closed the inquest. The jury members were escorted, and then those observing were allowed to leave.
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http://www.dailyjournalonline.com/articles/2008/04/02/fredericktown/doc47f38dea65b03558891230.txt
Monday, March 31, Madison County Prosecutor Lora Cooper and Madison County Coroner Chris Follis conducted a coroner’s inquest into the March 17, 2008 shooting death of John Alexander Tinnin, 45, of Madison County. Tinnin’s body was found at the Highway V Bridge in Madison County, where the shooting took place. After weighing the evidence, the six-person coroner’s jury ruled the death of Mr. Tinnin to be: “Justifiable Homicide.”
The inquest began at 1:37 p.m., in front of a crowd jammed into the Fredericktown City Hall. Many in the crowd were related to one of the parties involved. Others were simply interested in getting some answers about the two-week-old shooting.
Follis swore in the members of the jury, and read the “Charge to the Jury.”
“Your duty is to hear the evidence and determine whether John Alexander Tinnin died by felony or justifiable homicide,” Follis explained to the jury members.”
Follis explained that after hearing all of the evidence if the jury found “Herbert Alan Jones caused the death of John Alexander Tinnin by shooting him and that Herbert Alan Jones did not act in lawful self-defense in shooting John Alexander Tinnin then you should declare that John Alexander Tinnin died as a result of a felony...”
Follis then explained what constitutes “lawful self-defense.”
“In order for a person lawfully to use force in self-defense, he must reasonably believe he is in imminent danger of harm from the other person,” Follis explained.
He further explained: “As to Herbert Alan Jones, if he reasonably believed he was in imminent danger of death or serious physical injury from the acts of John Alexander Tinnin and he reasonably believed that the use of deadly force was necessary to defend himself, then he acted in lawful self-defense.”
If the jury believed Jones acted in “lawful self-defense” they were to rule the death to be “justifiable homicide.”
Follis concluded by saying that after the jury heard all of the evidence, they would retire to the jury room, select a foreperson, discuss the case, and come up with one of two verdicts: “Felony” or “Justifiable Homicide.” Follis said the decision of the jury must be unanimous.
The first person to testify was Dr. Russell Deidiker, forensic pathologist for Mineral Area Regional Medical Center, who performed the autopsy, March 17, with Madison County Sheriff’s Deputy Becky McFarland present. Deidiker said he ruled the death of Mr. Tinnin to be a homicide, defined only as “death at the hands of another.’’ Deidiker said this ruling did not include any judgment about whether or not a crime had been committed. Deidiker said Mr. Tinnin suffered multiple gun-shot wounds, and he described each of them. He discussed two of the wounds both of which would have been fatal.
The next three witnesses were family members or friends of Mr. Tinnin. They talked about his state of mind on the evening before the incident. The next two witnesses, Vera Francis and Shane Stephens, as well as phone and caller i.d. records collected by Deputy McFarland established that Mr. Tinnin planned on meeting Stephens and James O. Francis III at 12:45 a.m., March 17, 2008, near the intersection of Highways F and V in Madison County. Stephens also testified that Mr. Francis said he was threatened by Mr. Tinnin. Authorities have been unable to locate Mr. Francis to serve him with a subpoena to testify.
Stephens said they came across the bridge and saw a truck off the road. He said he went up to the truck and checked on the driver, who turned out to be Mr. Tinnin. He said they did not know the man in the truck (Tinnin) had been shot or that he was dead. Stephens said he and Francis then drove to a location where they could get a cell-phone signal to call 9-1-1, but they met a sheriff’s deputy responding to the scene.
The next two witnesses were George and Linda Starkey, who live closest to the scene of the shooting. They both testified they were awakened by the sound of gunshots and went to a window of their home overlooking the bridge. Mr. Starkey said he heard another vehicle leave the scene rapidly, following the gunfire. They also both confirmed Stephens’ testimony that the two young men checked on the person in the truck not long after the shooting, and before the arrival of law enforcement officials.
Deputy David Simmons testified next and explained he was the first law enforcement official at the scene. He called for an ambulance, as well as another law officer. He said he found the truck partially in the Castor River, as Stephens and the Starkeys testified. Fredericktown Police Officer Ken Tomlinson was the next on the scene, and he got on top of the truck and reached in to check on the pulse of the subject inside. He said he got no pulse, and he turned off the ignition of Mr. Tinnin’s truck. Tomlinson and two EMS personnel testified next. The EMS personnel removed Mr. Tinnin from the truck and hooked him up to a monitor, which confirmed he was deceased.
Cooper then played three 9-1-1 calls, the first two from Doug Meeks and the third from Renee and Herbert Jones.
Mr. Meeks testified next, and said he was awakened at approximately 12:45 a.m., March 17, by his cousin, Herbert Jones. Meeks said Jones explained that a man in a dark pickup had fired a gun at him at close range, and he fired back before speeding away from the scene. Meeks said Jones told him to call 9-1-1, and all the while Jones was relaying information to Meeks. Meeks said he went out and saw the bullet hole behind the cab of Jones’ truck, as well as a shot out window on the passenger side with a big portion of the window gone.
The next person to testify was Herbert Jones. He explained that he was planning to do some “full moon fishing” with a friend on Friday and decided to go catch some minnows, leaving his house a little after 11 p.m., March 16. He told his wife he would be going to DD bridge and V Bridge. He said he got a bucket full at DD and drove to V Bridge at 12:17 a.m. Shortly thereafter, he encountered someone in a white pickup, which turned out to be Francis. They spoke briefly, Jones said he shook the young man’s hand, and the white pickup drove away.
He said he next encountered Mr. Tinnin coming around from F Highway toward the bridge. Jones pulled off into the gravel area. Jones testified the man (Tinnin), who he did not know, asked “Am I supposed to meet you here?” Jones described the vehicle as a Black Chevy pickup with one headlight out. Jones said he told the man he was just getting some minnows. Jones said the pickup turned around and headed back across the bridge, so he pulled his vehicle onto the side, again. Jones said the truck stopped 10 to 20 feet behind his, and sat for 15-20 seconds before it took off and passed Jones’ vehicle heading toward F again. Jones said he pulled back onto the bank, again. Shortly thereafter, Jones said he observed the same truck coming toward his again. He knew it was the same truck, because it had just one headlight. This time Jones, who was back in his own vehicle, said he saw the man holding a pistol outside the truck. Jones says he reached for his own gun and held it at his side, as the truck approached. Jones said the man told him “your leaving now (expletive),” and as he uttered the last word or just a second later, the man (Tinnin) fired his pistol at Jones. Jones said he saw a flash and fired back. Jones said he was not sure how many times he fired, but that he kept five rounds in his pistol, a .357. Jones said he then floored his truck , and never looked back. Jones said he ran over the Starkey’s mailbox in his haste to get away, and he said he was also very fortunate to keep his vehicle on the road. Jones said he went to Meeks’ house and told him to call 9-1-1. Jones said he went to speak to Sheriff David Lewis at 4 a.m., and he asked the Sheriff if the man was all right. It was at that time, that Jones was informed he had killed Tinnin.
Deputy Tony Young testified next. Young confirmed that while on patrol in the area near F and V Highway, he had seen Jones catching minnows late at night on previous occasions.
Deputy McFarland testified next, and described how she and Sheriff Lewis assessed the scene of the shooting, gathered evidence, and interviewed many of the parties involved. McFarland said she found a .454 revolver and a .38 revolver in the floor of Tinnin’s vehicle near his feet. The .454 was the gun investigators believe Tinnin fired toward Jones. No one testified as to whose gun this was, but after the inquest, it was established that Tinnin had a permit for the same Ruger .454, which he was granted in 2003.
Deputy McFarland confirmed much of the earlier testimony, as she testified to interviews she conducted, timelines she established with the help of caller i.d. devices on many of the parties phones, and her investigation of the scene.
The final witness to testify was Sheriff Lewis. He explained how 2-3 hours of investigation was done in the darkness on the morning of March 17, and the evidence gathering continued through the day when light permitted better sight. Lewis said he interviewed Jones March 17, and later, and his testimony was always consistent. Lewis said it appeared Tinnin’s weapon had been fired five times. Lewis said not all of the forensic evidence has been returned from the crime lab. Lewis also discussed the diagrams showing the trajectory of the bullets fired by both men. Lewis closed his testimony by saying after all of the investigation done by him and his department, he could not find anything to contradict the testimony of Mr. Jones.
Following the witnesses testimony, at 4:36 p.m., Follis instructed the members of the jury to go back into the jury room, discuss what they had heard, write down their finding, and return to the city council chambers. The jury returned at 4:56 p.m. Follis read their finding. They said they unanimously found this to be a case of “justifiable homicide.” Follis accepted the finding, and closed the inquest. The jury members were escorted, and then those observing were allowed to leave.