JEFFERSON CITY — The Jefferson City police chief and Cole County prosecuting attorney detailed the investigation into the Nov. 1 shooting death of Erik Spencer at a closed news conference Friday at the Jefferson City Police Department.
Prosecuting Attorney Locke Thompson said he presented the evidence to a Cole County grand jury, which declined to file charges of voluntary manslaughter, involuntary manslaughter, armed criminal action and unlawful use of a weapon against the man accused of shooting Spencer.
Jefferson City Police Chief Eric Wilde described the incident based on eyewitness testimony. He described an incident where Spencer was involved in a domestic disturbance with a woman in the Wildwood Shopping Center and began physically attacking her.
Wilde said multiple bystanders attempted to talk Spencer down to stop him but that he continued. Wilde said a man approached Spencer with a gun and told him to stop. Wilde said Spencer threatened to shoot the man, put his hands up and then reached for his waistband. Wilde said the man then fired multiple shots at Spencer and then rendered him aid.
Spencer, who was 27, died at the scene. He was not armed with a firearm or edged weapon, Wilde said.
Erik Spencer was shot and killed Saturday, Nov 1.
The investigation into the incident is now considered closed. The grand jury found that the man who shot Spencer acted in lawful defense of another, according to the Prosecuting Attorney’s Office.
KOMU 8 News is not naming the man who was investigated because criminal charges are not filed against him. Wilde and Thompson named the man throughout the news conference and in a news release Thursday.
Friday’s news conference was only open to credentialed media representatives, law enforcement involved in the investigation, state and municipal personnel, and elected officials, Jefferson City Police Department spokesperson Lt. Jason Payne told KOMU 8 News.
Witness testimony
Investigators primarily used witness testimony in their investigation because the shooting occurred outside of the view of any surveillance camera in the Wildwood Shopping Center.
Jefferson City police went to Chili’s, Eagle Stop, Old Navy, HomeGoods, Natural Grocers, Ulta, Shoe Carnival, Marices, TJ Maxx and Dollar Tree to source surveillance camera footage, Wilde said.
Police took testimony from 14 witnesses and received video from one witness, but the video did not show the shooting, Wilde said. Each of the independent witnesses was either dining out, shopping or walking in the area, Wilde said.
The witness testimony was consistent, Wilde said. He said police also spoke with the woman who witnesses said Spencer attacked and that she gave three conflicting statements. He said investigators believed she initially withheld information about the nature of the incident and whether Spencer attacked her.
Description of the incident
Wilde said the incident began at 7:52 p.m. with a verbal disturbance between a woman and Spencer near the woman’s car parked on the west side of Chili’s.
Wilde said the disturbance became physical, with witnesses reporting they saw Spencer slap and punch the victim. Witnesses reported that she was struck multiple times and thrown to the ground multiple times, Wilde said.
Wilde said the woman was able to escape Spencer and attempted to get into her vehicle but that Spencer blocked her. She was eventually able to get into the car and attempted to drive away, but Spencer clung to the car until it came to a stop in the parking lot on the south side of the Chili’s, Wilde said.
Wilde said Spencer reached into the car and took the woman’s phone, throwing it near a truck that was parked in the lot.
The woman exited the vehicle but reentered and placed it in park after it continued to move, Wilde said.
Wilde said Spencer picked up the phone and threw it across the parking lot again.
Multiple witnesses reported yelling at Spencer in an attempt to get him to stop, Wilde said. Each one said that Spencer did not acknowledge the yelling in any way.
The man that shot Spencer was sitting with a friend in the friend’s car in the same parking lot when they saw the disturbance, Wilde said. The man exited the vehicle and went to his own vehicle and retrieved a firearm from the trunk, Wilde said.
The man approached Spencer and the woman, Wilde said. Witnesses said that after a verbal exchange, Spencer placed his hands out to his sides and proceeded to reach toward his waist with his right hand. Witnesses said the man then shot Spencer, Wilde said.
Although Wilde said that Spencer was not armed with a firearm or an edged weapon, he said that law enforcement “consider hands, fists and feet as personal weapons themselves.”
“It’s hard to say he was unarmed when he has the ability to strike, kick, punch,” Wilde said.
Witnesses said that after the shooting, the man knelt next to Spencer and attempted to provide aid.
Wilde said when officers arrived, the man who shot Spencer was taken into custody at the scene and taken to the Police Department.
During an interview by Jefferson City police detectives, the man indicated that he intervened on behalf of the woman witnesses said was being attacked and that he attacked in defense of her and himself. Wilde said that the man who shot Spencer perceived Spencer as a threat.
Transparency and release of information
Spencer's family has demanded answers and transparency from authorities in multiple public conferences and gatherings since Spencer's death.
Wilde said the department could not give updates to the family or community during the investigation because of its reliance on eyewitness testimony. Wilde said it was frustrating to him that he couldn’t release information sooner.
“I believe 100% in transparency, but we both discussed early on with the fact that this was almost 100% dependent upon witness statements that any statement that we make that goes out there could have the potential to influence someone,” Wilde said.
He said releasing information earlier could have risked people testifying as false witnesses, which he said would have tainted the case.
Death investigation into Jefferson City killing of Erik Spencer
KOMU 8 News reached out to the Jefferson City Police Department and Cole County Prosecuting Attorney’s Office multiple times throughout the month and a half since Spencer’s death for updates. On Nov. 7, Nov. 18, Dec. 1 and Dec. 15, KOMU 8 News received brief responses from Thompson or Wilde indicating the investigation was ongoing and that they could not provide further comment.
“To the community, I’m sorry,” Wilde said. “I wish we could have said more, but when you have a case that is so reliant on eyewitness testimony, you can’t put out a lot of information because it jeopardizes any sort of criminal prosecution that could occur.”
Thompson said that although it’s frustrating for many in the community, no investigation will be able to answer all questions people have about a case.
“Even cases that go to trial and where you get a jury verdict, sometimes not every single question gets answered there,” Thompson said. “Everyone sees ‘Law and Order’ and ‘CSI’ where they’re able to answer every single minute question and fill out every single detail of a crime or an investigation, and that’s just not the reality. I know it’s frustrating, but that’s just the nature of it.”
Wilde thanked the Jefferson City community for its patience with the Police Department throughout the investigation.
“I know that there has been a lot of anger and frustration boiling under the scene, so thank you,” Wilde said. “It means a lot to me that our community is doing that, and I hope that by being transparent today, that they get a better understanding of what actually occurred and some of the limitations that were placed upon us and why we couldn’t have a press conference like this on day two or three or four. I want them to have the trust in me and the the trust in our department that we did a thorough investigation and that we turned that investigation over to the prosecuting attorney’s office and followed the criminal procedures that are set forth for us.”
Wilde said that he and Thompson would both be willing to reopen the case if credible supporting evidence is presented that would change the direction of the investigation.
“Anytime that we get more evidence or additional evidence that would change our analysis of a case or an investigation, that investigation gets reopened,” Thompson said.
Self-defense
Missouri’s self defense laws, in general, allow the use of deadly force when the person reasonably believes the force is necessary to protect themselves or another against death, serious physical injury or any forcible felony.
“There is no dispute, based on all the eye witness accounts, that there was a forcible felony occurring on the domestic victim that was being perpetrated by Erik Spencer at that time, and that’s when he (the shooter) chose to intervene,” Thompson said.
Wilde acknowledged a difference in opinion about whether the man who shot Spencer had the right to do so.
“I think that this is one of those incidents that continues to divide communities across our nation,” Wilde said. “Because there are some people that say that this was an absolute right to come to somebody’s defense and defend them, and then you’ve got other people that say that this is outrageous behavior. I’m somewhere in the middle. I follow facts. I deal with situations at scenes and run investigations to be able to get justice.”
Missouri has a “stand your ground” law, which allows the use of deadly force even when it’s possible for the person using the force to retreat.
“Missouri’s self-defense laws are some of the strongest in the country, and right, wrong or indifferent, we are bound by the laws passed by our legislature,” Thompson said. “It does not mean we stand up here today to condone the shooter’s actions. Regardless of how things played out, Erik Spencer was a beloved son, brother and uncle, and no matter the circumstances, his death is a tragedy, and our condolences go out to his parents, sisters and other family and friends.”