Southeast Missouri man ordered to stand trial for shooting death

VAN BUREN, Mo. -- An Ellsinore, Mo., man was ordered to stand trial Tuesday afternoon in connection with the death of his wife, who was shot during an earlier dispute with his stepson.

Associate Circuit Judge Michael Ligons heard testimony from one witness before binding John William Moss, 55, over to stand trial on the Class C felony of first-degree involuntary manslaughter.

Moss is accused of recklessly causing the death of his 52-year-old wife, Regina Moss, who died May 1 of complications from a gunshot wound.

Ligons ordered Moss to appear Sept. 28 for arraignment before Presiding Circuit Judge David Evans.

The state's lone witness was Moss' stepson, Michael Deshazo, who now lives in Mammoth Springs, Ark.

In March, Deshazo said, he was living at Ellsinore with his mother and his stepfather. He reported having lived there between six and seven months.

On March 31, Deshazo confirmed he and his stepfather had an altercation.

"I believe the argument was over missing pills," said Deshazo, who confirmed his stepfather had accused him of taking some prescription pills.

Deshazo denied taking the pills.

"We got into an argument ... he told me to leave," Deshazo said. "I said I had to get my stuff."

At that point, Deshazo said, he went to "get my stuff" at the other end of the mobile home.

As he went to do that, he said, Moss allegedly "came toward me."

Deshazo said he hit Moss, who grabbed a gun. "He threatened me," he said.

When asked by Prosecuting Attorney Ernie Richardson if Moss had pointed a gun at him, Deshazo confirmed he had.

"Were you both drinking?" Richardson asked.

According to Deshazo, Moss had been drinking, but he had not.

While in a bedroom, Deshazo reported hearing two shots from what sounded like a .22-caliber rifle.

"I heard shots being fired down the hallway," Deshazo said.

In the living room, Deshazo said, he grabbed the gun and tried to get it away from Moss, who he described as being in a seated position and holding the weapon sideways.

Deshazo said he was scared of Moss and afraid he would shoot someone. He said he and his stepfather went "back and forth" with the weapon, which went off once.

"Mom had come into the room trying to get us to quit fighting," said Deshazo, who described his mother as yelling at them.

After the shot was fired, Deshazo said, he didn't "right at that time" realize his mother had been shot.

"I glanced over and seen she was hit," said Deshazo, who described the fighting as stopping at that point.

Deshazo said he called 911 and confirmed his mother died about a month later from the gunshot wound.

On cross-examination, Moss' attorney, Robert Smith of Poplar Bluff, questioned Deshazo about his criminal history.

Deshazo told Smith he was placed on five-years' probation on a felony theft charge in 2001 and one-year probation for possessing methamphetamine. Neither conviction was in Carter County, he said.

Deshazo also told Smith he had not been employed during the time he lived with his mother and stepfather and that he receives disability because he suffers from epilepsy and bi-polar disorder.

Deshazo confirmed he takes medication for the illnesses and was taking medication at the time of the altercation.

Smith asked Deshazo if he had been accused of taking his stepfather's prescription pills before.

Deshazo confirmed he had taken Moss' pills before and that they had one prior argument "maybe" a couple of weeks earlier.

"This was an accident?" Smith asked.

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

Richardson argued he charged Moss with causing his wife's death because of his "reckless behavior. Mr. Smith and I have agreed to stipulate to the court that that did occur.

"It's the state's argument that (Moss') handling of the gun, shooting down the hallway, shooting other things (and) resisting when his stepson tried to take the gun away were all reckless behavior that caused the death of Regina Moss."

Smith said there was no "reckless behavior" on his client's part, but on "his son's part. If he hadn't done anything, hadn't tried to grab the gun, there would have been no accidental shooting."

In ordering Moss to stand trial, Ligons said, it was possible a jury "could find the behavior of Mr. Moss was reckless and responsible" for the death of Regina Moss.