Family of man shot by police disputes self-defense ruling

CARTERVILLE, Mo. -- Family members of a Webb City, Mo., resident shot by a police officer dispute a jury's decision that the shooting was justified and question the veracity of the probe because of connections between the coroner's office and the Jasper County Sheriff's Department.

Jerry Gilbert, a deputy sheriff and also the chief deputy coroner, helped select the six-member coroner's jury as well as the witnesses called for the inquest into the Aug. 31 death of Jesse Hembree, 48. The panel deliberated about 20 minutes Thursday before ruling that Carterville police Sgt. Sara Gerber acted in self-defense when she shot Hembree near a convenience store.

The Jasper County Sheriff's Department is still investigating the shooting.

Gerber said she was trying to arrest Hembree on allegations he had shoplifted beer and cigarettes when he began hitting her in the head.

Gerber said in her report that she fired her gun six times after she was unable to subdue Hembree with Mace and numchucks. A forensic pathologist testified that Hembree was hit four times. Shots to his head and aorta were deadly, he said.

The testimony of two witnesses supported statements made by Gerber. However, a third witness, Hembree's brother-in-law, Dean Hedgcorth, told jurors Hembree didn't resist arrest. He agreed Hembree had grabbed the numchucks but said he didn't believe Hembree intended to hit Gerber.

"The Jasper County Coroner's inquest and the Jasper County Sheriff's Department's investigation, both conducted under mockingly biased circumstances, will not conclude this matter." Hembree's family's attorney, Aaron Smith, said in a written statement issued Friday. "Justice has not been served by the killing or by the inquest."

Some southwest Missouri residents also have doubts about the shooting and inquest.

"It sounded pretty dubious," said Pam Denniston of Webb City. "He didn't appear to be very violent. Why didn't she shoot his leg?"

Webb City resident Caroline Pryor said, "They said it was in self-defense, but my only question would be: before you answered a call like that why wouldn't you wait for backup?"

Charles Rouner of Joplin said he believes the officer was justified in defending herself, but thinks she should have testified at the coroner's inquest. Carterville Police Chief Tommy Kitch delivered a statement that she gave the day after the shooting. He said she was on vacation out-of-state the day of the inquest.

Rouner questioned why members of the sheriff's department picked the coroner's jury and witnesses and questioned those witnesses at the inquest.

"The way the inquest was held, I think it was a hand-picked group," Rouner said.

But Glen Wheeler of Joplin believes Gerber was justified and said he recognizes the challenges police face.

"Our law enforcement officials are under a lot of pressure while they are on the job," Wheeler said. "Under that pressure, they sometimes have to make decisions that cause controversy."