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MSHP Completes Investigation of Neosho Officer Involved Shooting - KOAM TV 7

MSHP Completes Investigation of Neosho Officer Involved Shooting

Updated:
NEOSHO, MISSOURI -

9/29/2017: On July 20th, 2017 Neosho Police Department Officer Reece Himmelsbach pulled over a vehicle driven by Joshua Daniels on suspicion of DWI.  Mr Daniels excited his vehicle and concealed one hand behind his leg.  Mr Daniels refused to comply with Officer Himmelsbach's command to show his hands and reveal what he was holding.  Mr Daniels was holding a handgun behind his leg and subsequently revealed the gun by pointing it at Officer Himmelsbach.  Officer Himmelsbach responded by firing his weapon, striking Mr Daniels in the chest.  Mr Daniels died from the wound. 
Investigation of the shooting was immediately turned over to the Missouri State Highway Patrol which conducted a through review of the incident and submitted their report to me this week detailing their findings.  The MSHP report makes it clear that Officer Himmelsbach action were justified and therefore no further action is warranted by my office. 

(Press Release from Newton County Prosecuting Attorney Jacob R. Skouby)

MSHP Report:

# # #

The Missouri Highway Patrol investigates a fatal shooting involving a Neosho police officer.
A preliminary autopsy is complete on the man shot and killed this morning.   
          The coroner and highway patrol  identify  the man as 52 year old Joshua D. Daniels from Tulsa, Oklahoma.
            It was about 2;17 this morning when police were called to the Love
s Travel Stop off interstate 49 and Highway 86  for a report of an intoxicated subject.
At a press conference this morning the police chief David Kennedy said, "The subject attempted to drive away from the  officer. The officer did get the vehicle stopped in the parking lot."

 That was on the back lot of  Loves Travel Stop. The chief then explained that  Daniels suddenly got out of his vehicle  so the officer did the same. Kennedy said,  "The subject then removed a handgun from behind his body and raised it toward the officer. Once the weapon was presented to the officer and raised towards him, he did discharge his weapon fatally injuring the suspect."
The Newton County Coroner said Daniels was shot twice, once in the arm and once in the upper trunk. Blood samples were taken at the autopsy for toxicology testing.
The police chief said the Missouri Highway Patrol is questioning witnesses who were in the area of the shooting.
The chief won't release the officer
s name but wants to give him time to deal with the trauma of the shooting.  It is something he said impacts his entire force.
Kennedy said, "This not only affects Neosho, it affects Newton County. It affects every officer out there that wears a badge. We
ve got some things within our department we've got to do. We've got some counseling that the officers need to be afforded. Critical incidents like this have lifetime effects and we need to make sure we do what we can to support them."

The officer did have a body camera but Lt. Robert Sharp with the police  department said the officer did not have time to turn it on as he quickly exited his vehicle to pursue the subject. Sharp said the department
s camera dont run all the time because batteries would be depleted.

The chief said dash cam video  is not available but they will be getting  surveillance video from Love
s travel  truck stop for the investigation by the highway patrol.   

 
The officer is on paid administrative leave during the investigation, as is standard policy.
          A second officer did respond to the initial call to the scene but was  at the front parking lot of the truck stop.
           He responded to the officer's distress call after  shots were fired but did not witness the shooting.


 

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