The Boston Globe

Parade shooting could test ‘stand your ground’

Both men who fired may have self-defense cases

- By Heather Hollingswo­rth and Summer Ballentine

KANSAS CITY, Mo. — The man accused of firing the first shots at the Kansas City Chiefs Super Bowl rally told authoritie­s he felt threatened, while a second man said he pulled the trigger because someone was shooting at him, according to court documents.

Experts say that even though the shooting left one bystander dead and roughly two dozen people injured, 23-year-old Lyndell Mays and 18-year-old Dominic Miller might have good cases for self-defense through the state’s “stand your ground” law.

Missouri is among more than 30 states that have adopted some version of stand your ground laws over the past two decades, said Robert Spitzer, a professor emeritus of political science at the State University of New York Cortland, whose research focuses on gun policy and politics. While earlier laws allowed people to use force to protect themselves in their homes, stand your ground provides broader self-defense rights regardless of the location.

Now, the mass shooting at the parade could be a new test of those expanded protection­s.

“This illustrate­s in a dramatic way the fundamenta­l problem, especially when it’s a public gathering where there are thousands and thousands of people, and even a highly trained police officer often cannot avoid injuring others in a gunfire exchange in a public place,” said Spitzer, who wrote the book “Guns Across America: Reconcilin­g Gun Rules and Rights.”

Trial attorney Daniel Ross described the stand your ground law as a “formidable defense” that he and many other Kansas

City defense attorneys anticipate will be used in Mays’s and Miller’s cases. He said the law puts the onus on the prosecutio­n to disprove claims that a shooting is lawful self-defense.

“Collateral damage under Missouri law is excused if you’re actually engaged in lawful selfdefens­e and there’s other folks injured,” he said.

There are limits to the defense, however, said Eric Ruben, a law professor at the SMU Dedman School of Law in Dallas who has written on stand your ground and self-defense immunity.

“Even though Missouri has robust stand-your-ground laws, that doesn’t mean you can spray bullets into a crowd in the name of defending yourself or others,” Ruben said.

The barrage of gunfire Feb. 14 outside Kansas City’s historic Union Station happened as the celebratio­n that drew an estimated 1 million fans was concluding. A woman died while watching the rally with her family, and nearly two dozen others — more than half of them children — were injured and survived.

Kansas City already was grappling with the shooting of Ralph Yarl, a Black teenager, who survived a bullet wound to the head when he went to the wrong house in April 2023 to pick up his brothers. Andrew Lester, an 85-year-old white man, is planning to claim selfdefens­e when he goes to trial in October. His attorney said the retiree was terrified by the stranger on his doorstep.

Although the Super Bowl celebratio­n shooting was a far different scenario, it raises new questions about how far people can go to protect themselves and what happens when the innocent become victims.

Mays and Miller are each charged with second-degree murder and other counts.

Probable cause statements suggest that both men felt threatened. Mays said he picked out one person in a group at random and started shooting because they said, “I'm going to get you,” and he took that to mean, “I'm going to kill you,” the statement said.

Miller said under questionin­g that he fired four or five times because someone was shooting at him. His friend, Marques Harris, told WDAF-TV that Miller was only trying to protect him after he was shot in the neck.

Miller’s attorney didn’t return phone and email messages seeking comment. No attorney was listed for Mays in court records.

 ?? REED HOFFMANN/ASSOCIATED PRESS ?? Police cleared the area after a shooting at the Kansas City Chiefs Super Bowl celebratio­n in Kansas City, Mo., Feb. 14.
REED HOFFMANN/ASSOCIATED PRESS Police cleared the area after a shooting at the Kansas City Chiefs Super Bowl celebratio­n in Kansas City, Mo., Feb. 14.

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