Murder suspect’s lawyer claims prosecutor omitted evidence
The attorney for a 23-year old Jefferson City man charged in the shooting death of Charon Session claims the state did not present all relevant evidence to a grand jury before it handed down a first-degree murder indictment.
Alfred Chism Jr.’s attorney, Douglas Hennon, said Chism told police he was acting in self-defense when he shot Session.
Chism called 911 after shooting Session outside his home around 3 a.m., according to court documents. Police said Chism admitted pulling the trigger.
Session arrived at Chism’s home “unannounced and unwanted,” according to court documents. “And (Session) refused to leave despite repeated requests.”
Police said Chism was “consistent and believed that he acted in lawful self-defense of himself and his mother,” who was also in the home, according to court documents. Chism was arrested after the shooting on Aug. 27 and was charged with second-degree murder.
In September, outgoing Cole County Prosecutor Mark Richardson presented the case to a grand jury, which later indicted Chism on an upgraded charge, first-degree murder.
Former Cole County Prosecutor Bill Tackett said the key difference between first- and second-degree murder is premeditation.
In a motion filed last week, Hennon said Chism’s statements about acting in self-defense were not presented to the grand jury.
In his motion, Hennon said he asked Richardson’s office for the statements Chism made to police on Oct. 8, weeks after the grand jury indictment. Hennon said he was told the prosecutor’s office had not filed anything that included statements Chism made to police.
“If at that point in time the Cole County Prosecuting Attorney was not in possession of the statement made by Mr. Chism stating why he believed he acted in lawful self-defense,” Hennon wrote in a motion to compel, “such statements could not have been evaluated by the Cole County Grand Jury when they were asked to return an indictment for Murder First Degree.”
Richardson said that statement is “false” in his response to Hennon’s filing, but did not provide any explanation. When approached by ABC 17 News, Richardson declined to comment on ongoing litigation.
When asked if he believes Chism’s charge should be changed or downgraded, Hennon declined to comment.
Chism is scheduled to be arraigned Dec. 5 in Circuit Court Judge Patricia Joyce’s courtroom. He is out on bond.
