Judge asked to dismiss security guard from suit in Anthony Warren killing

11 months 4 weeks 58 minutes ago Monday, June 18 2018 Jun 18, 2018 Monday, June 18, 2018 3:12:00 PM CDT June 18, 2018 in News
By: David Estrada, KOMU 8 Reporter
loading

COLUMBIA – The attorney representing the security guard who shot Anthony Warren at a Waffle House on New Year's Day has asked a  judge to dismiss her client from a wrongful death lawsuit. At hearing Monday, attorneys for members of Warren's family said the judge should refuse.

Defense attorney Patricia Keck said security guard Robert Moses acted in self-defense while doing his job and Missouri statute requires he not be included in the suit.

"In this situation he was justified in the shooting, and therefore he should be dismissed from the case," Keck said.

Attorney Matt Woods representing Mary Warren, Anthony Warren’s mother, said he disagrees with Keck’s interpretation

"If somebody claim self-defense, then that, under her theory, means that the case goes away against them. That just can’t be what the legislature meant," he said.

Kip Robertson, who is representing Warren's minor children said it should be up to a jury to decide.

"We believe we have good, solid reason for the court to deny the motion, specifically the question of whether this shooting was justified," he said. "It’s going to be a question of facts that needs to be decided by a jury, and not a judge before any discovery has taken place."

A dramatic series of events lead to the shooting. Two men at the Waffle House were arguing, when one pulled out a gun which was followed by a struggle. The gun went off, injuring one of the men in the leg. Court documents said Moses stepped in to intervene. Those documents quote Moses as saying he felt threatened by an agitated crowd that gathered, Warren in particular.

Woods believes the case should go forward. 

"Discovery would be had, and a jury would decide the fact issues of the case," he said. 

Keck told the court none of the pleadings presented by the plaintiffs said Moses was not justifed in his action.

However, Robertson said "even a cursory review of our pleading would suggest something contrary to her position."

Keck said she recognizes the judge may not sustain her motion because "the procedure in Missouri is not fully set out."

"We may have to go through discovery before the jury gets to hear this defense," she said.

More News

Grid
List
COLUMBIA - The missing 5-year-old girl found safe in North Carolina this week is now back in her father's custody.... More >>
14 hours ago Saturday, June 15 2019 Jun 15, 2019 Saturday, June 15, 2019 8:59:00 PM CDT June 15, 2019 in News
COLUMBIA - Shelter Insurance will hold its 43rd season of Concerts in the Garden series. According to Shelter Insurance's... More >>
15 hours ago Saturday, June 15 2019 Jun 15, 2019 Saturday, June 15, 2019 8:12:00 PM CDT June 15, 2019 in News
MORGAN COUNTY - Five people were injured when a passenger boat exploded on the Lake of the Ozarks Saturday afternoon.... More >>
16 hours ago Saturday, June 15 2019 Jun 15, 2019 Saturday, June 15, 2019 6:56:00 PM CDT June 15, 2019 in News
COOPER COUNTY - One man is dead and another injured after a two vehicle collision in Cooper County Friday afternoon.... More >>
19 hours ago Saturday, June 15 2019 Jun 15, 2019 Saturday, June 15, 2019 4:20:47 PM CDT June 15, 2019 in News
COLUMBIA - Workers and volunteers began cleaning up Cooper’s Landing Saturday after recent flooding forced them to close down their... More >>
20 hours ago Saturday, June 15 2019 Jun 15, 2019 Saturday, June 15, 2019 3:04:00 PM CDT June 15, 2019 in News
HATTON - One man is in custody after leading Callaway County Sheriff's deputies on a chase near Hatton Friday evening.... More >>
20 hours ago Saturday, June 15 2019 Jun 15, 2019 Saturday, June 15, 2019 3:04:00 PM CDT June 15, 2019 in News
COLUMBIA - Two more women were arrested in connection to the case of a missing Boone County child who was... More >>
1 day ago Saturday, June 15 2019 Jun 15, 2019 Saturday, June 15, 2019 10:12:00 AM CDT June 15, 2019 in News
COLUMBIA - Cooper's Landing is asking people to help them clean up after recent flooding. The restaurant closed nearly... More >>
1 day ago Friday, June 14 2019 Jun 14, 2019 Friday, June 14, 2019 11:10:00 PM CDT June 14, 2019 in Continuous News
MEXICO - Ayanna Shivers made history on April 8 when the Mexico City Council elected her mayor. Shivers is... More >>
1 day ago Friday, June 14 2019 Jun 14, 2019 Friday, June 14, 2019 10:58:00 PM CDT June 14, 2019 in News
RUSSELLVILLE - The volunteer fire department in Russellville is celebrating after receiving new tires for one of its trucks. ... More >>
1 day ago Friday, June 14 2019 Jun 14, 2019 Friday, June 14, 2019 9:42:00 PM CDT June 14, 2019 in News
COLUMBIA - A Chariton County man charged with involuntary manslaughter in the death of his fiance has pleaded not guilty.... More >>
1 day ago Friday, June 14 2019 Jun 14, 2019 Friday, June 14, 2019 9:04:00 PM CDT June 14, 2019 in News
COLUMBIA - People living along West Broadway in Columbia are joining forces to protect three 100 year old houses. ... More >>
1 day ago Friday, June 14 2019 Jun 14, 2019 Friday, June 14, 2019 7:08:00 PM CDT June 14, 2019 in News
JEFFERSON CITY – Employees at Veterans United Home Loans donated $100,000 Friday to the American Red Cross for tornado and... More >>
1 day ago Friday, June 14 2019 Jun 14, 2019 Friday, June 14, 2019 6:44:00 PM CDT June 14, 2019 in News
COLUMBIA - Skateboard enthusiasts say there's no reason for newbies to be afraid of taking part in Saturday's Shred Fest.... More >>
1 day ago Friday, June 14 2019 Jun 14, 2019 Friday, June 14, 2019 6:21:00 PM CDT June 14, 2019 in News
CALIFORNIA - A Fortuna man who previously pleaded guilty to killing a baby and burning the body asked to withdraw... More >>
1 day ago Friday, June 14 2019 Jun 14, 2019 Friday, June 14, 2019 4:12:00 PM CDT June 14, 2019 in Top Stories
JEFFERSON CITY - Preservationists in the capital city are implementing a plan to avoid demolition of historic buildings hit by... More >>
1 day ago Friday, June 14 2019 Jun 14, 2019 Friday, June 14, 2019 2:38:00 PM CDT June 14, 2019 in Top Stories
COLUMBIA - A neighborhood block party the Columbia Parks and Recreation Department will host Saturday aims to bring the neighborhood... More >>
1 day ago Friday, June 14 2019 Jun 14, 2019 Friday, June 14, 2019 2:15:00 PM CDT June 14, 2019 in News
COLUMBIA - Columbia Police arrested a man early Friday in connection to an ongoing drug investigation. Officers said they... More >>
1 day ago Friday, June 14 2019 Jun 14, 2019 Friday, June 14, 2019 1:57:00 PM CDT June 14, 2019 in News
Columbia, MO
Broken Clouds 71°
12pm 80°
1pm 82°
2pm 84°
3pm 85°