Former Marion County sheriff’s deputy Larry Uhlmeyer says he would defend himself and his wife all over again.
The 54-year-old Taylor man will have to do just that, at least in the legal system.
A seven-man, five-woman jury deliberated the assault case against Uhlmeyer for more than six hours over two days before telling Circuit Judge Robert M. Clayton II that it had reached an impasse.
Clayton declared a mistrial, and scheduled a 9:30 a.m. April 7 hearing to pick a date for a new jury to hear the case.
“I protect my family, and I’d do it again,” Uhlmeyer said after Clayton issued the ruling late Wednesday morning. “I’ve done nothing wrong.”
Uhlmeyer was charged with one count of felony first-degree assault and three counts of felony second-degree assault in the Sept. 30, 2007, shooting of James Rudd, who was 26 at the time.
The incident took place during a confrontation in the garage of Uhlmeyer's home along Highway 6 near the 18-Wheeler truck stop at Taylor. Rudd’s injuries left him paralyzed from the neck down.
Uhlmeyer and his attorney, Wayne Schoeneberg of St. Peters, maintained that the case was about self-defense.
Marion County Prosecuting Attorney Tom Redington argued Uhlmeyer’s actions went far beyond self-defense when he shot an unarmed man who was fleeing.
Schoeneberg said he was “surprised (the jury) did not return a not guilty verdict.” He said he believed the panel was influenced by a shift in values, and that charges never would have been brought against Uhlmeyer a few decades ago.
“There seems to be a thought among people that guns are bad,” Schoeneberg said. “If you have a handgun to defend yourself, it’s meaningless if you can’t use it.”
Redington dismissed Schoeneberg’s theory, and said it would have been irresponsible not to file assault charges against Uhlmeyer.
“I think the evidence shows he shot the guy as he was running away,” Redington said. “That’s not self-defense today and it wasn’t self-defense 40 years ago.”
Redington said he would not have filed the charges had he believed Uhlmeyer’s actions were self-defense.
“I’m certainly in favor of people being allowed to defend themselves,” he said. “That’s not what this is about. This is about somebody being shot as he ran away.”
The only other person present for the shooting was Uhlmeyer’s wife, Patricia. She was the defense’s only witness, and told jurors that she never saw her husband shooting his gun because Rudd had knocked her to the floor of the garage.
Blood and three of the four pistol shells recovered were found outside the garage.
Uhlmeyer claimed Rudd came at him threateningly. He told investigators he fired the first shot inside the structure and at least two more rounds as Rudd was backing out of the building.
Redington disputed the story, asking why no blood was found inside the garage. He said Rudd never threatened Uhlmeyer, and instead was simply trying to leave the garage when Uhlmeyer fired the unprovoked shots.
An alternate juror who was released from duty before the panel began deliberations seemed to agree. The woman, who asked not to be identified, said she at first would have voted to acquit, but that her mind was changed by the evidence on the blood splatters outside the garage.
Jurors interviewed after the mistrial was declared, including the foreman, declined to comment.
The panel took at least three votes, with the outcome being 7 to 5 each time. It was not revealed which votes were for acquittal and which were for conviction.
Rudd was declared unfit to testify after a doctor told the court that Rudd’s descriptions of what happened would not be reliable. Uhlmeyer chose not to testify.
Schoeneberg called Rudd’s injuries a tragedy, but added that Rudd “was the aggressor.” He said it was not a mistake to call only one defense witness.
“We really didn’t need more,” he said.
Uhlmeyer, who has worked construction jobs since the shooting, said his life remains torn, but that he will continue to fight for what he believes is his right to self-defense.
“It’s a horrible situation to be charged with a felony and have this hang over your head,” Schoeneberg said.
Redington said he was more concerned about Rudd, who will be confined to a wheelchair for life.
“I don’t like to put victims through this more than one time, so I’m disappointed there wasn’t a verdict,” Redington said.
If convicted, Uhlmeyer could get seven years to more than 30 years in prison.
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Former Marion County sheriff’s deputy Larry Uhlmeyer says he would defend himself and his wife all over again.
The 54-year-old Taylor man will have to do just that, at least in the legal system.
A seven-man, five-woman jury deliberated the assault case against Uhlmeyer for more than six hours over two days before telling Circuit Judge Robert M. Clayton II that it had reached an impasse.
Clayton declared a mistrial, and scheduled a 9:30 a.m. April 7 hearing to pick a date for a new jury to hear the case.
“I protect my family, and I’d do it again,” Uhlmeyer said after Clayton issued the ruling late Wednesday morning. “I’ve done nothing wrong.”
Uhlmeyer was charged with one count of felony first-degree assault and three counts of felony second-degree assault in the Sept. 30, 2007, shooting of James Rudd, who was 26 at the time.
The incident took place during a confrontation in the garage of Uhlmeyer's home along Highway 6 near the 18-Wheeler truck stop at Taylor. Rudd’s injuries left him paralyzed from the neck down.
Uhlmeyer and his attorney, Wayne Schoeneberg of St. Peters, maintained that the case was about self-defense.
Marion County Prosecuting Attorney Tom Redington argued Uhlmeyer’s actions went far beyond self-defense when he shot an unarmed man who was fleeing.
Schoeneberg said he was “surprised (the jury) did not return a not guilty verdict.” He said he believed the panel was influenced by a shift in values, and that charges never would have been brought against Uhlmeyer a few decades ago.
“There seems to be a thought among people that guns are bad,” Schoeneberg said. “If you have a handgun to defend yourself, it’s meaningless if you can’t use it.”
Redington dismissed Schoeneberg’s theory, and said it would have been irresponsible not to file assault charges against Uhlmeyer.
“I think the evidence shows he shot the guy as he was running away,” Redington said. “That’s not self-defense today and it wasn’t self-defense 40 years ago.”
Redington said he would not have filed the charges had he believed Uhlmeyer’s actions were self-defense.
“I’m certainly in favor of people being allowed to defend themselves,” he said. “That’s not what this is about. This is about somebody being shot as he ran away.”
The only other person present for the shooting was Uhlmeyer’s wife, Patricia. She was the defense’s only witness, and told jurors that she never saw her husband shooting his gun because Rudd had knocked her to the floor of the garage.
Blood and three of the four pistol shells recovered were found outside the garage.
Uhlmeyer claimed Rudd came at him threateningly. He told investigators he fired the first shot inside the structure and at least two more rounds as Rudd was backing out of the building.
Redington disputed the story, asking why no blood was found inside the garage. He said Rudd never threatened Uhlmeyer, and instead was simply trying to leave the garage when Uhlmeyer fired the unprovoked shots.
An alternate juror who was released from duty before the panel began deliberations seemed to agree. The woman, who asked not to be identified, said she at first would have voted to acquit, but that her mind was changed by the evidence on the blood splatters outside the garage.
Jurors interviewed after the mistrial was declared, including the foreman, declined to comment.
The panel took at least three votes, with the outcome being 7 to 5 each time. It was not revealed which votes were for acquittal and which were for conviction.
Rudd was declared unfit to testify after a doctor told the court that Rudd’s descriptions of what happened would not be reliable. Uhlmeyer chose not to testify.
Schoeneberg called Rudd’s injuries a tragedy, but added that Rudd “was the aggressor.” He said it was not a mistake to call only one defense witness.
“We really didn’t need more,” he said.
Uhlmeyer, who has worked construction jobs since the shooting, said his life remains torn, but that he will continue to fight for what he believes is his right to self-defense.
“It’s a horrible situation to be charged with a felony and have this hang over your head,” Schoeneberg said.
Redington said he was more concerned about Rudd, who will be confined to a wheelchair for life.
“I don’t like to put victims through this more than one time, so I’m disappointed there wasn’t a verdict,” Redington said.
If convicted, Uhlmeyer could get seven years to more than 30 years in prison.
