Bourbon, Missouri

From Washington’s The Missourian of February 22, 2007

County Man Acquitted on Assault, Armed Criminal Action Charges

A man accused of shooting two men near his Bourbon area farm in 2004 was acquitted Friday by a Franklin County jury. The jury found Bart Brendel, 50, not guilty on two counts of first-degree assault, two counts of armed criminal action and one count of first-degree tampering with a motor vehicle. He was indicted in November 2004.

Prosecutors claim Brendel shot at three men, wounding two, as an act of revenge when they were driving a minivan on the road in front of his home in the Bourbon area.

Two of the men were wounded in the legs, authorities said. All three admitted that they had been spotlighting deer in the area. They later pleaded guilty to misdemeanor poaching charges and were ordered to pay fines for the offenses.

Brendel's attorney Frank Carlson said his client acted in self-defense and acted reasonably to defend his home.

"We have to be able to defend ourselves and our homes and the jury said that loud and clear," he said.

Carlson said a key to the acquittal was that Brendel was not the "first to use force."

"The law of self-defense is different if you are the aggressor," said Carlson. "It was agreed that Bart Brendel was not the initial aggressor, therefore the right to use self-defense is not restricted."

Brendel is accused of firing almost 30 rounds from an assault rifle Oct. 28, 2004, at the van carrying the three men as they drove past his home on Parshall Road in far southwestern Franklin County.

Franklin County Prosecuting Attorney Bob Parks said Brendel was charged because he continued to shoot at the van after it passed him.

"We were looking at more of the actions of Mr. Brendel after the car had passed -- when he shot into the van and hit the two men," said Parks "He was out of danger and that is why we charged him."

Parks said the jury deliberated for about 1 hour and 15 minutes.

"We were disappointed that the jury acquitted him for whatever reason, but that is the way it is," he said.

Carlson told the jury that Brendel heard voices and believed that the men were tampering with his cattle. He said that Brendel shot an assault rifle in the air to protect his cattle. He added that Brendel shot at the van that sped toward him and continued to shoot at the van because he "feared for his life."

"Just a classic self-defense cse. In my mind charges shouldn't have been filed in the first place and the jury saw it for what it was," he said.

Carlson added that there was "really good police work" and "a good jury."

The victims, Bobby R. Mercer, Sullivan, James H. Moss, Sullivan, and Edward E. Heads, Bourbon, have filed a civil lawsuit against Brendel. Trial is scheduled for April.