A jury deliberated just under three hours Nov. 17 at the Jefferson County Courthouse to find Thomas E. Harris of Festus guilty of second-degree murder in the Feb. 18, 2015, shooting death of De Soto resident Dion Robinson.
The jury also found Harris, 31, guilty of three related charges.
During the four-day trial, held before Jefferson County Div. 2 Circuit Judge Darrell Missey, Harris testified he “shot at” Robinson, 26, in self-defense and did not know until authorities told him later that Robinson had been shot and killed.
The seven-man, five-woman jury found Harris guilty of one count of second-degree murder, a class A felony; the unclassified felony of armed criminal action, and two counts of unlawful possession of a firearm, class C felonies.
The firearms charges are tied to weapons Harris brought to the De Soto scene, a 9 mm Smith & Wesson handgun described as the murder weapon and a Hi-Point .45 handgun.
Sentencing is scheduled for Feb. 28.
“I’m pleased with the verdict,” assistant prosecuting attorney Catherine Robertson said. “I asked the jury to hold the defendant accountable and they got it right.”
During the trial Robertson and defense attorney Matt Shellenbergar painted extremely different pictures of how events unfolded that cold, snowy night.
Robertson said Harris’s actions before and after the shooting indicate he was the aggressor. Shellenbergar asserted Robinson took possession of Harris’ .45 during a physical altercation before the shooting and became the aggressor, with Harris merely trying to defend himself.
Also at the scene of the shooting were Harris’ girlfriend, Shannon Salinas, and Robinson’s girlfriend, Danae Luther. Salinas testified during the trial, while Luther did not. However, Luther’s deposition was referred to during the trial, as was a deposition by a neighbor in the 800 block of Blow Street in De Soto, where Robinson and Luther lived and where the shooting occurred.
According to the probable-cause statement of the case, a Leader news account at the time and information from the trial, De Soto Police reported that at 12:45 a.m. Feb. 18, 2015, the two men were having a dispute outside of Robinson’s home and Harris fired two shots from a Smith & Wesson 9 mm handgun at Robinson. One struck Robinson on the left side of his body at waist level and exited on his right side at the waist.
Police arrived and found Robinson lying on the ground behind the home and officers began CPR, but Valle Ambulance personnel pronounced him dead at the scene.
Harris left the scene with Salinas, but police tracked Harris’ cell phone and located the couple later that morning at the Best Western hotel off Meramec Bottom Road in south St. Louis County. He was taken into custody at the hotel.
Harris, the last witness called to testify in the trial, said Luther came to the Festus apartment where he lived with Salinas on Feb. 17, 2015, seeking their assistance in kicking Robinson out of her home. Harris said he and Salinas drove in their vehicle and Luther drove hers to the De Soto residence.
“She just wanted us to go with her,” Harris testified. “I had never been there before.”
He said he knew as a convicted felon he should not have a firearm in his possession, but he took the guns anyway, not knowing what to expect from Robinson.
“I wanted to make sure we’d be OK,” he said.
He testified Luther was afraid of Robinson.
“She wanted some protection,” he said. “She was scared to come home. She was scared he would become violent.”
Harris also testified Luther had purchased marijuana from Harris and Salinas when she came to ask them for assistance and they stopped at Luther’s mother’s house along the way “to drop off the marijuana.”
He said upon arriving at Luther’s home, the women began walking up steps to the house when Robinson appeared outside in an agitated state.
Harris said he got out of his vehicle with a gun in each of his coat pockets. He said Robinson began yelling and the two men traded punches. Harris said during the struggle both guns fell to the snowy ground from his pockets and his glasses fell into the snow, as well.
He said Robinson scooped up the .45 and ran to a house across the street.
Harris testified Robinson then returned to his house still in possession of the .45 and went around back. Harris said he fired his 9 mm twice when Robinson came to the front of the house, but did not know where the shots landed in the darkness and he did not know Robinson had been hit by one of the bullets.
He said he and Salinas drove off, stopping at their Festus apartment to get clothes before driving to the Best Western.
Harris was taken into custody by St. Louis County Police and turned over to De Soto Police. He at first told police the guns belonged to Salinas and that she shot Robinson, but later admitted to shooting Robinson.
On cross-examination, Robertson questioned Harris’ motives and the changes in his story.
“You shot at a human being and you didn’t check to see if he was hurt?” she asked.
Harris answered, “Yes.”
A point of contention between the prosecution and defense during closing arguments was whether Harris could have heard the sound of Robinson “racking” the .45 handgun.
Shellenbergar said Harris did hear it and the sound put him on alert to defend himself.
Robertson brought the Hi-Point .45 and the 9 mm Smith & Wesson handguns into the courtroom to use during her closing argument. She cocked both guns at different times, but emphasized the noise of the .45 in disputing Harris’ account.
“The wind was howling,” she said. “Dion is 60 feet away from him and we’re expected to believe the defendant heard the clank-clank (of the gun cocking)?” Robertson said. “He’s lying.”
She also pointed out Harris initially blamed the shooting on Salinas.
“He was willing to let his girlfriend take the rap for this,” Robertson said. “What kind of a person does this?”
Robertson said Robinson sought a neighbor’s help in calling police when he ran across the street, having dropped his cell phone in the snow during his fight with Harris.
“I think the only one who acted reasonably in this case was Dion,” she said.
Robertson also referred to texts Harris sent to Robinson after the shooting in which Harris appeared to taunt and threaten Robinson, not knowing he had died.
Shellenbergar acknowledged in his closing that his client made a number of mistakes, but said Harris still had a right to defend himself under the circumstances.
“Did he do some stupid things? Yes,” Shellenbergar said, noting that Harris sold marijuana and lied to police.
Shellenbergar referred to evidence that indicated the .45 had jammed, and said Robinson had tried to use it.
“They didn’t want you to focus on the jammed gun,” he said. “It didn’t feed the bullet right.”
He said Robinson’s actions amped up the confrontation.
“This could have been resolved peaceably, but Dion came charging at them,” Shellenbergar said.
Shellenbergar said Harris feared for his life when he fired.
“(Harris) did what he had to do to save himself,” Shellenbergar said. “Mr. Robinson’s actions were not reasonable.”
Robertson got the last word in a concluding statement.
“Shooting Dion was no mistake,” she said. “You do not just point a 9 mm at someone unless you mean to kill him. He is guilty of murder.”
The murder charge carries a penalty of 10 to 30 years or life in prison, the armed criminal action charge carries a minimum of three years in prison and the class C felonies are punishable by up to seven years apiece.
Shellenbergar did not respond to a request for comment by the Leader’s deadline on Monday (Nov. 21).