Official Press Release From the office of Nodaway Prosecuting Attorney Robert L. Rice:

Maryville, Missouri – Robert (Bob) L. Rice, Nodaway County Prosecuting Attorney, was appointed as Special Assistant Prosecuting Attorney for Atchison County, Missouri, to review the evidence and make a charging decision on the altercation between William Lee Holmes, Rock Port, 61, and his son, Travis Lee Holmes, Watson, Missouri, 35, that led to William Holmes shooting Travis Holmes one (1) time on William Holmes’ property in Rock Port on March 30, 2019.

Multiple law enforcement agencies participated in the investigation that included the Rock Port Police Department, Atchison County Sheriff’s Department, Tarkio Police Department, and Missouri State Highway Patrol.

Several witnesses were interviewed. There were no eye witnesses to the events that led up to the shooting at William Holmes’ residence. William Holmes, the shooter, was cooperative with law enforcement and agreed to waive his rights and speak without an attorney to give his side of the events. Travis Holmes, who was shot, refused to give follow-up details of the events that led up to the shooting. Travis also did not want to give a written statement to police. Later, Travis Holmes gave a written statement that only stated he did not want to pursue charges against William Holmes.

According to the investigation, Travis Holmes was arrested the day before the shooting on March 29, 2019, on a felony warrant. Travis Holmes called William Holmes and became upset with William making statements such as ‘That (expletive) is gonna get something comin’ then,” and “If I get the (expletive) out of jail it’s gonna be a bad situation, I’m just tellin’ you that.” This conversation was heard by a law enforcement officer.

William Holmes reported he received a phone call from the Atchison County Sheriff’s Office on March 30, 2019, that Travis was going to be transported to a local hospital for treatment and would need a ride from the hospital. William reported Travis later called him and requested a ride home from the hospital. William agreed and picked up Travis. During the return drive to William’s home, William reported Travis made additional threats to various family members in an argument.

When they returned to William’s home, Travis got out of the vehicle and came at William. William claimed he feared Travis was going to seriously hurt him so he pulled a Colt .380 rifle and shot one (1) round at Travis, striking him.

Travis ran off and was later picked up by another vehicle.

In the State of Missouri, a person is permitted to use deadly force if he reasonably believes that the use of deadly force is necessary to protect himself against death, serious physical injury, or the commission of a forcible felony. A person is not required to retreat before resorting to the use of physical force to defend himself if he is on his private property.

In this case, William was reasonable to fear he was going to be seriously hurt based on the previous threatening statements from the Atchison County jail, Travis’ recent arrest for a felony, subsequent argument where additional threats were made, and finally, while at William’s residence, Travis coming at William upon exiting the vehicle. Furthermore, Travis chose not to explain his side of the events to challenge William’s account or the officer’s observations.

Based on the totality of circumstances, I am declining to file a criminal charge in the shooting of Travis Holmes. This criminal matter is now closed.