One of the individuals charged with a shooting at the Kansas City Chiefs' Super Bowl victory parade in 2024 has been released from jail after prosecutors in Jackson County, Missouri offered him a deal allowing him to plead guilty one count of unlawful use of a weapon, while second-degree murder charges were dropped.
Dominic Miller was sentenced to two years in prison on the gun charge, but with time served behind bars while awaiting trial he's already completed his sentence.
The deal has drawn plenty of criticism, but Jackson County Prosecutor Melesa Johnson is trying to pass the buck, saying she had no real choice but to offer the deal thanks to Missouri's self-defense laws.
We don’t make charging decisions based on public pressure, speculation, or assumptions,” Johnson said at a press conference. “We make charging decisions in this office based on what we can prove beyond a reasonable doubt.”
Johnson said ballistics could not confirm Miller’s shot killed Lopez-Galvan, and evidence showed he did not fire first. Under Missouri law, prosecutors must prove beyond a reasonable doubt that a defendant was the initial aggressor and was not acting in lawful self-defense.
It sounds like the issue isn't Missouri's self-defense law, but that prosecutors had no evidence showing that Miller was actually responsible for the death of Lisa Lopez-Galvan. As for the law itself, prosecutors should absolutely have to prove beyond a reasonable doubt that someone wasn't acting in self-defense if they're going to secure a murder conviction. In our criminal justice system we are considered innocent until proven guilty beyond a reasonable doubt, and it's insane for Johnson to suggest that standard should be lowered.
Johnson presented data showing her office declined 57 cases in 2025 alone because of Missouri’s self-defense law. She said the problem extends beyond the parade shooting.
Johnson described a separate case in which two groups arranged to meet for a confrontation, both sides opened fire simultaneously, and prosecutors could not determine who shot first — resulting in no murder charge being filed despite a death.
Johnson doesn't say if any other charges were filed, which is important. But it's equally important that neither prosecutors nor police could determine the initial aggressor in that incident. Like it or not, that is an important element of any self-defense law, and if the evidence isn't there then a murder charge simply isn't appropriate.
Johnson said her office has been working with lawmakers to change the law.
“Something as minor as a simple assault should not warrant the return of lethal force under our applicable self-defense and defense of other doctrines,” Johnson said.
Johnson makes it sound like someone can be shot and killed merely for shoving someone, but that's now what Missouri's self-defense statute says. Here's the language on using deadly force:
A person shall not use deadly force upon another person under the circumstances specified in subsection 1 of this section unless:
(1) He or she reasonably believes that such deadly force is necessary to protect himself, or herself or her unborn child, or another against death, serious physical injury, or any forcible felony;
(2) Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by such person; or
(3) Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter private property that is owned or leased by an individual, or is occupied by an individual who has been given specific authority by the property owner to occupy the property, claiming a justification of using protective force under this section.
And here's the statutory definition of fourth-degree assault in Missouri:
The person attempts to cause or recklessly causes physical injury, physical pain, or illness to another person;
(2) With criminal negligence the person causes physical injury to another person by means of a firearm;
(3) The person purposely places another person in apprehension of immediate physical injury;
(4) The person recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person;
(5) The person knowingly causes or attempts to cause physical contact with a person with a disability, which a reasonable person, who does not have a disability, would consider offensive or provocative; or
(6) The person knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative.
Now, you can argue that engaging in conduct that creates a substantial risk of death or serious injury shouldn't be a misdemeanor offense, but it's utterly ridiculous for Johnson to assert that someone doesn't have the right to defend themselves against someone whose actions could easily result in their death or serious injury.
Johnson's attempt to pin the blame for Miller's plea deal is a profile in cowardice. What she should have said in her statement was that her office didn't have enough evidence to prosecute Miller for murder because the evidence collected shows that Miller wasn't the initial aggressor. Instead, he was acting to defend himself when he fired his gun, and there is no proof that any of the rounds he fired were the cause of Lopez-Galvan's death.
Based on the circumstances, I don't blame Johnson for offering a plea deal and scrapping the murder charge. I do, however, blame her for scapegoating our Second Amendment and self-defense rights when the real reason for the plea deal was a lack of proof that Miller had actually committed murder. Lisa Lopez-Galvan's death is a tragedy, but Missouri's self-defense laws aren't the reason why her family may understandably feel like justice wasn't served by the deal prosecutors reached with Miller.
Editor's Note: Anti-gun politicians continue to lie about gun owners and the Second Amendment.
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