Supreme Court: No new trial for Neosho man who says he stole deputy's car to keep from being killed

A Neosho man who claimed he stole a Newton County Sheriff's Office vehicle because he feared the deputies were going to kill him will not be getting a new trial.

The Missouri Supreme Court today affirmed the conviction of Jason Hurst, 38, who is serving a five-year sentence for tampering with a motor vehicle and resisting arrest.

Hurst's attorney claimed the trial court erred by not instructing the jury that it could decide Hurst was justified in stealing the car because he feared for his life.

From the court's opinion:

Even if he had a fear of imminent harm to himself or his wife, there were significantly more reasonable choices to prevent that harm from occurring. Any imminent harm Hurst or his wife allegedly may have faced clearly was outweighed by the risk of harm to the public he caused by leading the police on the chase. Additionally, Hurst could not prove the situation developed through no fault of his own, as the entire incident began because Hurst and his wife were trespassing at the trailer park after being evicted.

A Newton County jury found Hurst guilty November 3, 2021 following a two-day trial.

An overview of the case was provided with the court's opinion:

In 2017, Jason Hurst and his wife were being evicted from the trailer park in which they lived. Law enforcement arrived at the trailer park on eviction day. An altercation between Hurst and the officers ensued. 

During the altercation, Hurst’s wife fled the trailer to a relative’s nearby parked vehicle. Once Hurst was handcuffed and placed in the police cruiser, the officers attempted to remove his wife from the nearby vehicle. 

While the officers were attending to his wife, Hurst was able to maneuver into the front seat of the police vehicle and drive away from the trailer park. He led the officers on a chase, doubling back to the trailer park and then into the nearby town of Neosho. 

He used the police radio to call for help. The chase ended with the officers performing a technique to stop Hurst’s vehicle, which eventually overturned. 

Hurst contended the officers initiated the physical altercation without provocation and that he had been beaten, tased and maced to the verge of unconsciousness. He further claimed he believed the officers were going to kill him and the officers had threatened to hurt his wife. 

Therefore, he alleged, he stole the vehicle and led the officers on the chase to protect his wife and ensure any further altercations would be caught on camera in town. The officers contended Hurst ignored their instructions and warnings and became combative when they attempted to arrest him.