Papa Johns Pizza Employee Acquitted of Involuntary Manslaughter

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Jeff White

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A year ago an EDP threw a concrete block through a window at the Papa John’s pizza restaurant on South Grand in St Louis. The EDP was shot and killed by an employee of the restaurant who was charged with involuntary manslaughter. Today he was acquitted in a bench trial.

https://www.stltoday.com/news/local...cle_a69bb880-87dd-50c5-9745-9f9ecc779454.html

This is the description of the incident:


Police, court documents and the judge's ruling give this account of the encounter:

The Papa John's store at 3630 South Grand was closed to walk-ins about 1:40 a.m. on June 2, 2018, when Upchurch pulled his car onto the sidewalk in front of the shop, knocked on the front door and put his credit card on the glass signaling his desire to buy something. Eckenrodt opened the door to tell Upchurch the store was closed but Upchurch stuck his foot in the doorway when Eckenrodt tried to shut it.

Eckenrodt eventually deadbolted the door, and Upchurch continued shouting at him and his manager from outside. Upchurch went back to his car and pulled it several feet forward before coming back to the window and shouting more. When he came back a third time, Eckenrodt called 911, describing Upchurch as a "belligerent drunk."

"Mr. Upchurch seemed more agitated each time he returned," Sengheiser wrote.

Eckenrodt's manager also called 911 and locked himself in a rear cooler/panic room. Upchurch returned twice more, at one point parking his car in the middle of South Grand, and coming back to the window with a cinder block.

His first attempt at tossing it through the window failed to shatter it. By his second attempt, Eckenrodt emerged from the side of the building, encountered Upchurch and fired three 9mm shots, hitting him once in the hip. The bullet took a lethal path inside his body, puncturing an artery and one of Upchurch's lungs.

Upchurch fled to his car and drove off but crashed about three blocks away into a traffic light and fire hydant at South Grand and Chippewa Street.


Eckenrodt didn’t do himself any favors when he gave his statement to the police:


Former Assistant Circuit Attorney Morley Swingle said at the October bench trial that Upchurch never set foot inside the store and was unarmed. He said Eckenrodt, in a police interview room hours after the shooting, was recorded rambling to himself about the shooting and referred to Upchurch with a racial slur.

"You straight shot that (slur)," Eckenrodt said. "Give me all your pizza. Pow, pow, pow. That was (expletive) sweet. That was like watching a movie, man. … Still think he's a (expletive) idiot. Pow, pow, pow pow. (Expletive) you. I did everything right. Pop, pop pop. And then he goes down. This guy is a piece of work. Pop, pop, pop."


The judge ruled that Eckenrodt’s statement didn’t change the facts of the case. The ruling is at this link:


https://www.stltoday.com/read-judge...pdf_de0ca357-8b78-566e-8634-538e0a1d72d5.html

It sounds to me like he gave the police his statement when he was still under the effects of the adrenaline dump. I would recommend that after an incident like that you go to the hospital to be checked out before making any statement. This will give you time to calm down and get your thoughts together. Tell the police you are ill and need an ambulance. Then once you have calmed down call an attorney.

I don't know what Eckenrodt spent on his defense but I would guess he spent at least what a modest home would have cost him. I bet he wishes he had never pressed the trigger.
 
A very interesting read, thank you for posting this.

The defendant (Eckenrodt) was very lucky not going to jail because the situation was not so clear cut that everyone would have agreed that he acted in self defense. But, as you can see, the person who uses deadly force with a handgun, is under the burden of proving he felt his life was at threat.

The deceased was shot with a 9mm, got up, got in his car, and drove off! That confirms my belief that unless the central nervous system is hit, what kills is blood loss. Someone who is so saturated in drugs and alcohol is too stupid to know that he is dead, and won't, until his brain dies of oxygen starvation.
 
I'm glad the defendant was acquitted. It sounds like he used extremely poor judgement and I suspect that is the best he is capable of. In a different state he would have gone to prison for a very long time.
The lesson here is don't use deadly force to defend a pizza joint from ornery drunks and after any self defense shooting keep your mouth shut until you see an attorney.
 
Fun with acronyms, first thought was Every Day Person, google showed me an Electric Data Processor and as I went down I found emotionally disturbed person.

Getting old sucks, we used to just call them crazy, guess it beats the alternative...

Have to wonder how smart one has to be to speak the words.

He said Eckenrodt, in a police interview room hours after the shooting, was recorded rambling to himself about the shooting and referred to Upchurch with a racial slur.

"You straight shot that (slur)," Eckenrodt said. "Give me all your pizza. Pow, pow, pow. That was (expletive) sweet. That was like watching a movie, man. … Still think he's a (expletive) idiot. Pow, pow, pow pow. (Expletive) you. I did everything right. Pop, pop pop. And then he goes down. This guy is a piece of work. Pop, pop, pop."

At all, much less at the one place that has the best chance of “getting you”. I suppose he was not smart enough to obtain a lawyer or understand he doesn’t have to provide evidence against himself, concerning mindset, despite it being after the fact, for future proceedings.

I am sure it won’t help him in the civil suit to follow.

I suppose the manager showed why he was manager as far a critical thinking is concerned.
 
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Damn fool is extremely fortunate his mouth didn't cost him his freedom, but I'm glad the judge "ruled that Eckenrodt’s statement didn’t change the facts of the case."
 
Joe Horn got no-billed in Harris County, TX after being recorded telling the 911 operator he was going to go after the two punks burglarizing his neighbor.

A legal shoot is a legal shoot is a legal shoot no matter what else surrounds it.
 
I’m willing to bet his recorded statements in the interview room contributed to his being charged as the prosecutor surely felt they were relevant at trial. Prosecutors know the law and they know the judges. They also don’t like to lose cases. This would not have been pursued if the prosecutor didn’t think he would win.
 
I’m willing to bet his recorded statements in the interview room contributed to his being charged as the prosecutor surely felt they were relevant at trial. Prosecutors know the law and they know the judges. They also don’t like to lose cases. This would not have been pursued if the prosecutor didn’t think he would win.

Although, if I recall right, I believe that a Soros backed DA is in office now in St. Louis which might have been looking for a scalp. Guy was wise to get a bench trial.
 
I’m willing to bet his recorded statements in the interview room contributed to his being charged as the prosecutor surely felt they were relevant at trial. Prosecutors know the law and they know the judges. They also don’t like to lose cases. This would not have been pursued if the prosecutor didn’t think he would win.

New ones also get the worst cases. Keeps the seniors record good and biggest hurdles for the new folks.

This way seasoned prosecutors can become highly paid defense attorneys because of their success on the other side.

Some might call it a racket, others would say it’s just the business....
 
I think he was pretty experienced:


Swingle joined the office on April 1, 2016, under then-Circuit Attorney Jennifer Joyce. Before that, Swingle was an assistant U.S. attorney in St. Louis in 2012 and 2013, and served as the elected prosecuting attorney for Cape Girardeau County for 25 years.

Swingle has tried dozens of murder trials in his career and leaves the office with numerous pending cases, mostly murder and other violent felonies.

The veteran prosecutor's departure adds to the growing list of more than 65 lawyers who have quit or have been fired since Circuit Attorney Kimberly M. Gardner took office.



This is from the link in the original article.
 
Extremely hard to believe that he didn't get jail time! My opinion is that he's guilty of manslaughter. No way he could prove his life was in danger, his pistol against a cinder block, no way! How far away is a cinder block lethal, perhaps three yards?
 
Joe Horn got no-billed in Harris County, TX after being recorded telling the 911 operator he was going to go after the two punks burglarizing his neighbor.

A legal shoot is a legal shoot is a legal shoot no matter what else surrounds it.
He got off because the defense was able to make the case that the bad guys were actually threatening him. He did not get off by claiming defense of property, as some think is an easy defense in TX. It is not. He was very lucky as his actions were stupid. Without evidence that he was actually threatened, he probably would be in jail.
 
No way he could prove his life was in danger, his pistol against a cinder block, no way!

Had he not left the safety of the building he was in and already been outside with the deceased cinder block guy, I would disagree.

I have to wonder why people think someone needs some sort of a weapon to be able to kill someone and 3 yards is very close for danger to be to you.
 
He got off because the defense was able to make the case that the bad guys were actually threatening him. He did not get off by claiming defense of property, as some think is an easy defense in TX. It is not. He was very lucky as his actions were stupid. Without evidence that he was actually threatened, he probably would be in jail.

He got off because his defense was successfully able to convince a Grand Jury that what he did was legal.

Two points: 1: EVERY homicide - even a clear-cut justifiable one - goes to a Grand Jury in Texas. If I remember correctly, the DA recommended a no-bill. So just because a Grand Jury looks at a case doesn't necessarily mean a crime is suspected.

2: One is allowed to use deadly force to protect property in Texas. Even a third party's. Of course, only under limited circumstances. It's not a blanket license. Any such use is gonna be messy.
 
He got off because his defense was successfully able to convince a Grand Jury that what he did was legal.
He "got off" because the Grand Jury concluded that in a trial court, the state would likely not prove that the shooter was guilty beyond a reasonable doubt.

There is no transcript available, but the Grand Jury did hear testimony from LOEs saying hat it appeared to be a case of self defense.

In any event, the shooter was ruined by the ordeal.
 
Extremely hard to believe that he didn't get jail time! My opinion is that he's guilty of manslaughter. No way he could prove his life was in danger, his pistol against a cinder block, no way! How far away is a cinder block lethal, perhaps three yards?

Ummm... the term "disparity of force" comes to mind.

Even a person with no weapon at all can present a legitimate danger to someone's life and well being. What determines this are the circumstances surrounding each specific event.

So yes...a person with a cinderblock may indeed reasonably present a legitimate danger to someone's life.
 
Ummm... the term "disparity of force" comes to mind.

Even a person with no weapon at all can present a legitimate danger to someone's life and well being. What determines this are the circumstances surrounding each specific event.

So yes...a person with a cinderblock may indeed reasonably present a legitimate danger to someone's life.
Absolutely.

And among those circumstances are the fact that the shooter left the safety of the building to confront the shooter. Had he not done so, shooting would not have been necessary

I am surprised by the ruling.
 
Absolutely.

And among those circumstances are the fact that the shooter left the safety of the building to confront the shooter. Had he not done so, shooting would not have been necessary

I am surprised by the ruling.

This is the part that struck me.

There have been incidents I've read about where a person left the scene of danger and then deliberately placed themselves BACK in danger, which went badly for them when they ended up using deadly force to defend themselves.

I'm wondering if, in this instance, there was a reasonable expectation that the EDP had left the scene, in which case the guy coming out of the store would not have been considered to be deliberately placing himself back in danger away that point in time?
 
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