Buchanan County Prosecuting Attorney Ronald R. Holliday announced Friday that no criminal charges will be filed in the officer-involved shooting of 42-year-old Phillip T.J. Hoyt.
According to a press release from the Prosecuting Attorney’s Office, the shooting occurred January 10, 2019, in an alley in the 1300 block of Garfield in St. Joseph. The St. Joseph Police Department officer involved in the shooting was Officer Branton G. Hutchison, who has been a police officer for over four years for the City of St. Joseph. The Missouri State Highway Patrol, Special Division of Drug and Crime Control conducted the investigation at the request of the SJPD.
The investigation disclosed that police officers were dispatched at 3:40 p.m. that day to a disturbance between neighbors in the 1300 block of Garfield. Officer Hutchison engaged two individuals, a male and a female, in an alleyway behind a house. The individuals were walking away from the officer and he instructed both of them to stop. Both initially stopped, but the male subject, Hoyt, then proceeded to walk away at a rapid pace. The officer followed Hoyt to the location of 13th and Atchison and again instructed him to stop. Hoyt turned to face the officer and drew a firearm from his waistband and lifted the gun in the direction of the officer. The officer then fired his service weapon in the direction of Hoyt, striking him in the upper right arm and left hip. Hoyt then fled with the weapon still in hand. He was arrested a short distance away.
Hoyt, a convicted felon who was prohibited by law from owning or possessing a weapon, had in his possession a loaded Hi-Point 9mm pistol. The weapon was recovered nearby. He had a misdemeanor warrant for his arrest and told officers he ran because he knew he was not supposed to be in possession of any weapon. He also admitted he had used methamphetamine, a controlled substance, earlier in the day. Hoyt was treated at Mosaic Life Care and the University of Kansas Medical Center for his injuries.
The press release from the Prosecuting Attorney’s Office states, “A law enforcement officer is allowed to use lethal force if that officer has a reasonable belief that the use of such force is necessary to protect himself or another from serious physical injury or death. It is my opinion that the use of force by the officer in this case was permissible and not unreasonable and as a result, will not be the basis for any criminal charge allegations.”