Jackson County prosecutor says fatal Independence police shooting was justified

Jackson County Prosecutor Jean Peters Baker has determined that Independence police officers were justified in fatally shooting a 35-year-old man near his home last year after a dispute between neighbors led to gunfire.

Aaron C. Pouche, of Independence, was shot and killed on the night of March 31, 2021 after police responded to the 800 block of South Carlisle Avenue. Authorities allege Pouche had been firing gunshots from a small caliber rifle, pointed the gun at one officer and refused commands to drop the weapon when confronted by police.

In an open letter from Baker’s office, dated June 8, prosecutors said that upon review of the situation that no criminal charges should be brought against the officers involved in the shooting.

“It is always unfortunate and tragic when officers are faced with life and death decisions that result in the death of any one of our community members,” Baker said in the letter, adding: “However, the officers’ acts were within the scope of their legal authority as law enforcement officers in the state of Missouri.”

The case was investigated by the Missouri State Highway Patrol, upon which prosecutors based their conclusions.

Police were initially called to the block for a reported disturbance between neighbors. One of the first officers on scene reported hearing an argument between neighbors and the sound of a gunshot.

From there, the officer ran toward the back yard of a residence and saw Pouche. Prosecutors say Pouche walked away from the officer, who briefly lost sight of him, then noticed a rifle in his hands.

Prosecutors say the officer used a Taser that was ineffective. Then, after Pouche retreated behind a deck staircase, he heard gunfire that “he believed was other officers on the scene,” the letter says. Then the officer realized that he had been struck by gunfire.

Another officer on scene reported seeing muzzle flashes and hearing gunfire coming from the direction that he understood to be where Pouche was located. He said the officer who was struck was returning fire. Police then found Pouche “face down, with the rifle still in his hands,” according to the report.

Pouche was taken to North Kansas City Hospital. He was pronounced dead there.

Investigators interviewed neighbors on the block. Several described an ongoing feud between Pouche and other neighbors that night, including hearing a threat directed at one home.

One neighbor reported “he was almost certain” that gunfire originated from Pouche’s neighbors, but prosecutors noted there was no indication that a firearm was located there. The witness also described a volley of shots between the two homes that preceded the police shooting.

One of those interviewed by investigators was Pouche’s fiance and the mother of his two children, according to the letter. She reported to police that she returned home from the bowling alley, followed by Pouche, that night and there was an argument between neighbors down the street.

She told investigators Pouche was trying to keep neighbors from coming onto their property “because of a previous incident” where Pouche was “attacked” in their house, Baker’s letter says .

Several details about the investigation remained unclear Tuesday based on Baker’s letter and what’s publicly known.

Among them was how one officer, wounded during the incident, was struck by gunfire. According to prosecutors, one officer reported believing in the early aftermath that the other officer was struck by friendly fire, but later reported that was no longer his belief.

It was also unclear whether Pouche knew that he was being encountered by police late that night, though prosecutors noted that officers were in uniform and had been issuing commands for him to drop the weapon.

Tom Porto, a Kansas City attorney representing Pouche’s family, said Pouche was a business owner and father. He said the family was disappointed with the decision not to bring criminal charges.

“Aaron Pouche was a family man and member of this community. And this decision is greatly disappointing,” Porto said.

A spokesman for Independence police said Tuesday that the agency did not have comment on the outcome of the investigation.

The Star’s Luke Nozicka contributed to this report.