Jefferson City, Missouri

From the Jefferson City News-Tribune of October 6, 2006

Jury returns two not guilty verdicts in assault trial

A Cole County jury found an Army staff sergeant not guilty of charges he faced in the shooting of a man in the parking lot of a Jefferson City restaurant in March.

Jason Choate, 30, was acquitted of first-degree assault and armed criminal action. He could have received a life sentence if he had been convicted.

Jurors had the case about one hour and 15 minutes - including dinner - Thursday night before returning two not guilty verdicts. Cole County Judge Tom Brown presided over the trial.

Choate freely admitted he shot Brian Jenkins in the early morning hours of March 24 at Steak and Shake on Missouri Boulevard. But, he and his lawyer, Brad Kessler of St. Louis, argued it was done in self defense to protect Choate's brother, Christopher, from being seriously hurt by Jenkins.

In testimony Thursday, both sides agreed this all started when Jenkins -- who was with his girlfriend, Amanda Moore, at Spectator's Bar on Missouri Boulevard -- got mad that Christopher Choate was talking to Moore. Jenkins shoved Christopher Choate and security at the bar told Jenkins to leave.

As the parties were leaving, Jason Choate testified that he did yell out that he was driving his brother to Steak and Shake. Jenkins testified he thought this meant that there was going to be a fight between him and Christopher.

There, Christopher Choate and Jenkins again got into a physical altercation at which point the defendant removed a handgun from his vehicle glove box and shot Jenkins through the arm and into his torso.

It was at this point in the timeline of events that the testimony differed. Jenkins and Moore said Jenkins only shoved Christopher before Jason shot Jenkins. Jason and Christopher said Jenkins had Christopher pinned between the car and the passenger side door and had punched him several times before Jason shot Jenkins.

In his closing argument, Assistant Prosecutor Kurt Valentine told the jury to remember that Jason Choate had several options to stop Jenkins from attacking his brother, including not going to Steak and Shake. Kessler told the jury that the law states nothing about not being able to defend someone, including the use of deadly force, to protect someone from injury.

“I just thank God,” defendant Jason Choate told a reporter after getting hugs from several family members in the courtroom.

But the victim's father, Robert Jenkins, said the jurors' decision may have “opened the gates” for people to shoot others if they see a fight going on.

“A high-priced lawyer, kind of like the O.J. Simpson trial” swayed the jury in Choate's favor. “If you've got the money, you can get away with anything.”