The attorney for an 84-year-old white man accused of shooting Ralph Yarl, a Black teenager who mistakenly went to his home, has requested a protective order to seal case records from being made public.
Andrew Lester was charged with first-degree assault and armed criminal action after he was accused of shooting 16-year-old Yarl on April 13. Yarl accidentally went to Lester’s north Kansas City, Missouri, home while trying to pick up his younger brothers, according to a probable cause statement obtained by the Kansas City Star.
According to a legal filing Monday, Lester’s attorney Steven Salmon is seeking a protective order and asked a court to prevent new information in the case from being made public. The shooting, which led to rallies and protests in the Kansas City area, has gained significant attention with critics saying Lester was given preferential treatment when police released him just two hours after he was arrested.
Salmon argued that the publicity of the case could cause difficulties for the trial and noted that Lester has received harassment since the incident, according to the legal filing.
Lester has pleaded not guilty to his charges and remains free on $20,000 bond. Yarl, who was shot in the head and an arm, is recovering at home after being hospitalized for three days.
Lester is scheduled to be in court June 1.
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Attorney says case publicity could add speculation
In the legal filing, Salmon noted that Lester has been harassed and threatened since the shooting.
Salmon said Lester has been forced to live away from his home, which has been egged and spray-painted. He added that Lester has sought law enforcement assistance when traveling and his wife had to be moved from her nursing home.
Salmon also noted that the publicity of the case could make it difficult to find an impartial jury and that potential witnesses may be reluctant to testify.
“The release of further information will continue to add fodder to oftentimes inaccurate and speculative statements about the case,” according to the motion. “This publicity in the case has already caused a widespread adverse and prejudicial reaction against the defendant and prejudice to his case.”
According to the probable cause statement, Lester told police he was “scared to death” and thought someone was breaking in when he saw a Black male pulling on exterior door handle. Lester fired two shots within seconds of the interior door opening and no words were exchanged before the shooting, the statement said.
When Yarl got up to run, he heard Lester yell, “Don’t come around here,” the statement said. Yarl denied pulling a door handle, according to the statement.
In the court filing, Salmon suggested that he planned to argue that Lester acted in self-defense, citing Missouri’s “stand your ground” law, which permits the use of deadly force in self-defense. Missouri is one of about 30 states with laws that say people can respond with reasonable force when they are threatened.
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Prosecutor: ‘Racial component’ to shooting
Clay County Prosecutor Zachary Thompson said previously that there was a “racial component” to the case but has not elaborated.
Civil rights attorney Lee Merritt, who is representing Yarl’s family, and some civil rights leaders have said a hate crime charge is warranted in the case. Leaders have also called for the Justice Department to investigate the shooting.
Yarl, who is an honor student and band member, has been recovering at home since his release from the hospital.
His aunt, Faith Spoonmore, said on Instagram during the weekend that her nephew has debilitating headaches but is starting to have more good days than bad days. She said Yarl is hoping to start playing the bass clarinet again soon.
Contributing: N’dea Yancey-Bragg, USA TODAY; The Associated Press