Manslaughter charges dismissed for Ellsinore man

VAN BUREN, Mo. -- An Ellsinore, Mo., man will not stand trial this week in connection with the 2009 death of his wife, who was shot during an earlier dispute with his stepson.

Charged with first-degree involuntary manslaughter, John William Moss was supposed to stand trial Tuesday in Wayne County; however, Carter County Prosecuting Attorney Rocky Kingree dismissed the case against the 57-year-old.

Moss, who authorities say was "visibly intoxicated" and scuffling with his stepson over a rifle, had been accused of recklessly causing the death of his 52-year-old wife, Regina Moss, who died May 1, 2009, of complications from a gunshot wound.

Regina Moss, authorities reported earlier, had been hit in the abdomen by a .22-caliber bullet March 31 during an altercation between her husband and son at their home on County Road 232, off Highway 21 South.

The bullet, authorities said, did "extensive damage to her stomach and colon, with fragments [remaining] inside of her."

"Overall, this is a tragedy. We wish we could have prosecuted [but] due to us basically not having a case, we could not follow through with it," said Kingree, who described the case as having a number of issues.

The case, Kingree said, was investigated by Sheriff Tommy Adams, who resigned in April amid allegations of wrongdoing. He is slated to stand trial in March in federal court on charges involving the illegal possession and sale of firearms.

"We don't even have the gun" involved in the shooting, Kingree said. "We just have a one-page statement. We can't even say who actually pulled the trigger."

Neither Moss nor his stepson, Michael Deshazo, admitted to being the one who pulled the trigger, Kingree said.

Moss, he said, wasn't interviewed until the next day after he had "sobered up," and no field-sobriety tests were administered to determine his level of intoxication.

"The other individual (Deshazo) in the wrestling match with the weapon, we cannot locate him," said Kingree, who described getting in a wrestling match with someone over a gun as "never a good thing."

In preparation for the trial, Kingree said, a deposition could not be taken from Deshazo "because we could not find him. … We've gone to great extents to locate him."

At the time he testified at Moss' preliminary hearing in September 2009, Deshazo reported living in Mammoth Springs, Ark.

During his testimony, Deshazo agreed with Moss' attorney when asked if his mother's death was an accident.

"I would say yes, he accidentally shot mom," Deshazo said. " … It would be a lie for me to say no."

Further, Kingree said, there are no "clear-cut" statements, and none of the officers who investigated the shooting are "still officers here."

"It is a tragedy; it was an accident, (and) at the end of the day, we cannot prosecute," Kingree said.

Pertinent address:

Van Buren, MO

Ellsinore, MO