Highway Patrol: No violations in Cape jailhouse shooting

The Missouri State Highway Patrol concluded the Cape Girardeau Police Department committed no legal violations in an in-custody shooting suicide that occurred in a holding cell at the department’s jail.

According to the patrol’s investigation report, on May 29, a 24-year-old man who was being held at the Cape Girardeau Police Department jail produced a handgun from his waistband during the booking process and shot himself in the head. Multiple officers responded to the holding cell and attempted to resuscitate the man, who was later pronounced dead.

Officers Jacob Monteith and Matthew McAlister detained the man at the Pear Tree Inn for an undisclosed incident involving a gun. According to the report, McAlister patted down the man’s right side, Monteith patted down his left side and neither found any weapons on the man. Monteith and McAlister handed the man off to K-9 officer Gabriel Yoder while they looked for the gun. Monteith and McAlister, along with Sgt. Brad Neels and officer Cecil Ray, searched the room the man had a key card for at the hotel. The four officers also searched bushes and trash cans outside the building, and the man’s backpack, but did not find a gun.

In the report, Monteith said he believed he checked the man’s waistband when he was being detained, and believed McAlister had also checked his waistband. Upon viewing his body camera footage, however, Monteith realized he had only checked the man’s pocket and retrieved his identification. Neels said he didn’t see Monteith or McAlister conduct a pat-down search of the man, but assumed one had been done.

The man was eventually transported by Ray to the Cape Girardeau jail for processing. Ray told investigators he had patted down the man and emptied his pockets. According to the patrol’s report, jailer Vernon Norfolk handled the booking process and said he asked all the questions on the intake form, including the questions about suicide. The man told Norfolk he did not have suicidal thoughts. Norfolk noted during his interview with the highway patrol that the man wanted a drink of water and would not sit down during the booking process.

During processing, the man requested to speak with Ray, and asked to use paper to write a note. The man, who was being placed on a 24-hour hold, was then led to a holding cell to be dressed-out into a jail uniform by Norfolk. Upon entering the holding cell, the man pulled the pistol from the front of his waistband, turned toward Norfolk who retreated and the man shot himself. The man reportedly told Norfolk “I wouldn’t use it on you,” in reference to the gun as Norfolk fled from the cell. Norfolk told the highway patrol he didn’t hear the gunshot as he had slammed the cell door around the same time the man fired the gun.

Jailer Dylan Mahnken was monitoring the cameras in the jail’s control room at the time of the incident, and told investigators he saw Norfolk stumble backward toward the cell door and force the door shut from the outside once the man drew the weapon. Mahnken heard Norfolk yell for backup, and told dispatch he needed officers immediately in the jail. When Mahnken checked the camera inside the cell he informed officers Neels, Yoder and Ray, who were responding from inside the police department, the man was lying on the floor, but didn’t see any blood until responding officers had reached the booking area. At that point, Mahnken informed the officers the man was not moving and appeared to have shot himself.

When the responding officers arrived, Yoder reportedly said he didn’t feel comfortable opening the cell door since the man had a gun. Once Mahnken informed the officers the man was on the floor surrounded by a “lot of blood,” they entered the cell. Yoder told investigators he kicked the gun out of the man’s hand and out of the cell. He then cleared the gun and there was reportedly a round in the chamber.

Neels told the investigators officers attempted to provide medical aid to the man while waiting for fire and EMS personnel to arrive. He then instructed evidence technician Dustin Humphrey to take photos of the scene and secure the cell for further investigation. The man was pronounced dead at 1:50 a.m. by the Cape Girardeau County Coroner’s Office, and his body was removed by deputy coroner Dennis Turner at 4:45 a.m.

Missouri State Highway Patrol Sgt. Chris Hamlett reported he seized the gun, a black Taurus G2S 9 mm pistol, from Humphrey at 5:17 a.m., along with a note that read, “Tell my mother I love her and I’m sorry,” the man had written on a yellow Post-It at the booking desk.

The conclusion to the highway patrol’s investigation, which was conducted by the Troop E Unit of the Division of Drug and Crime Control officers Hamlett, Master Sgt. Scott Stoelting, Cpl. J.T. Wilson and Sgt. Brenda Cone, revealed there was no suspect, nor a violation of law in the incident.

A request for comment from the Cape Girardeau Police Department was referred to Keith Henson, attorney with Paule, Camazine & Blumenthal, P.C. of St. Louis who is representing the department in the case. A request for comment from Henson was declined.

The patrol’s report on the incident was completed in July and was obtained earlier this month through a records request.