Prosecutor: JCPD officers justified in shooting suspect

Jefferson City Police Department patrol vehicle
Jefferson City Police Department patrol vehicle

Cole County Prosecutor Mark Richardson announced Friday that he found the shooting and killing of a Jefferson City man by Jefferson City police officers earlier this month was justified.

Richardson's review of the case is officially closed.

Police department reports show officers responded at 12:07 a.m. Oct. 3 to the 300 block of East Dunklin Street to investigate a domestic disturbance in progress. A caller reported an unknown woman was asking for police to be summoned due to threats of violence.

On arrival, officers were confronted by a male suspect believed to be involved in the disturbance. During that confrontation, officers shot the suspect, identified as 40-year-old John Loaiza Jr.

When officers attempted to make contact with Loaiza, he threatened the officers, asking them "if they wanted to die," police officials said. Officers retreated, and Loaiza began to barricade a stairwell to prohibit officers from returning.

He also broke out a number of windows with a metal pipe, telling officers to shoot him. Shortly after, Loaiza emerged and charged at the officers, causing them to retreat into the street. He continued to advance on the officers, armed with the pipe, and the two officers shot Loaiza.

Richardson's report shows Sgt. Dan Ervine fired four shots from his .223 rifle while Officer Thomas Whitener fired two rounds from his 9mm pistol.

Loaiza was transferred to an area hospital by EMS but was later pronounced dead.

Richardson's report refers to police reports and court records as recent as June where officers responded to a similar domestic dispute involving Loaiza wielding a knife and baseball bat and charging officers, threatening to shoot them if they returned his property in the 1100 block of Monroe Street. In that case, the victim had visible injuries and had been assaulted by Loaiza "at least 45 times" in the past. That instance ended with the Loaiza's arrest for felony charges of domestic violence, resisting arrest and unlawful use of a weapon.

He also was wanted on contempt of court charges, with a caution on the warrant for violent tendencies.

"The actions by Loaiza posed an immediate threat of death or serious physical injury to Officer Whitener and Sgt. Ervine," Richardson wrote. "In that immediate moment they were required to use the deadly force they used against the threat to their lives presented by Loaiza's actions."

Police Chief Roger Schroeder noted in a news release that City Attorney Ryan Moehlman also had reviewed the case and determined the officers complied with applicable police department regulations.

"Following these legal reviews, the Jefferson City Police Department conducted an internal investigation and found no evidence of misconduct," Schroeder said in the release. "Therefore, no internal disciplinary action will be administered.

"The officers' active duty status has been reinstated, and Sgt. Ervine and Officer Whitener will report for duty assignment on Monday."

Schroeder added that the police department's internal investigation is a personnel matter and no further information will be released from the department.