ST. LOUIS — A former St. Louis police officer has been cleared of charges relating to the August 2018 shooting of a man suspected in a carjacking.
St. Louis Circuit Court Judge John Bird found Matthew EerNisse, 30, not guilty Friday of second-degree assault and armed criminal action. Bird said prosecutors had conceded that EerNisse was justified in shooting the man.
"There was no evidence that officer EerNisse shot (the man) in the back after being blinded by his muzzle flash, as alleged by the state, and no evidence officer EerNisse continued to shoot his weapon when it was reckless to do so," Bird said.
"The court finds the attempted arrest ... was lawful, and as set forth above, the amount of physical force used by officer EerNisse was objectively reasonable in light of the totality of the particular facts and circumstances confronting the officer on the scene."
Police said another officer was patrolling near Kingshighway Boulevard and Natural Bridge Avenue in the early morning hours of Aug. 27 when he spotted a 2010 Ford Mustang that was reported stolen in a carjacking. The car sped off when the officer tried to pull it over. The officer called for support, at which time EerNisse, who had been on the force for two years, joined the pursuit.
The driver of the Mustang lost control of the car and jumped out on the 1100 block of Clara Avenue and ran from EerNisse. EerNisse continued to chase the man and eventually shot him in the back multiple times in the 5500 block of Chamberlain Avenue, according to court documents.
The man who was shot survived his injuries.
At the time of the shooting, then-police Chief John Hayden said the man reached for his waistband, but charging documents said EerNisse shot at the man while the man was trying to climb a gate in a gangway.
Charging documents said police never found a gun on or near the man, and he was never seen with a gun during the incident.
In his testimony, EerNisse said that he saw the man grab a black satchel before running from the car. EerNisse said it was dark in the gangway, and when the man reached the gate, he turned toward EerNisse while reaching toward his waistband.
EerNisse testified that he tried to swat the man’s hand away from his waistband, fearing he was reaching for a weapon. At that point, EerNisse said the man used his other hand to try to grab his service weapon.
EerNisse said that he feared for his life and pulled back, drew his service weapon and fired.
EerNisse continued to shoot at the man after he got over the gate, which was boarded up with plywood. The plywood would make it "impossible for EerNisse to see into the gangway while firing" at the man, according to court documents.
"Officer EerNisse testified that he recalled shooting about five times and stated that he did not shoot through the fence," Bird said.
Bird added that there was no credible evidence that the wooden fence behind the plywood had been struck by gunfire.
Eernisse was on administrative duty since the shooting and on unpaid leave since being charged. He joined the department in February 2016.
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