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Killing brings 9 years in self-defense case By Joe Lambe

The Kansas City Star


In a case that raised questions about the limits of self-defense, a Jackson County Circuit Court judge Thursday sentenced a Kansas City man to nine years in prison.

Judge Charles Atwell previously convicted Mitchell Robinson of voluntary manslaughter and armed criminal action.

Robinson, 24, shot Sean Kelliher, 30, to death Nov. 7, 2004, at an apartment in the 1000 block of West 39th Street. Robinson contended he acted in self-defense after Kelliher got angry, chased him to his apartment, entered and came at him.

Prosecutors contended Robinson committed murder by, in effect, setting a trap for an unarmed man when he should have locked his door to keep Kelliher out. Instead, after Kelliher entered Robinson’s apartment, Robinson shot him.

The verdict prompted some Missouri lawmakers to seek changes in the state self-defense law to allow such shootings.

On Thursday, defense attorney Kevin Regan told the judge: “If the door was locked, would it have mattered? I don’t think so.”

He asked for a five-year term.

Assistant prosecutor Michael Hunt asked for up to 15 years. He noted that while Robinson was out on bond, he broke into Kansas buildings to steal copper wire.

Atwell said Robinson acted with more force than the law allowed, but the victim’s attack worked in Robinson’s favor at sentencing.

But “the fact he committed another crime while on bond for killing another human being is very troubling to me,” Atwell said.

He sentenced him to nine years for the manslaughter and armed criminal action, as well as unrelated Missouri burglary and stealing charges. That sentence will run concurrently with Robinson’s 25-month Kansas sentences for burglary and stealing related to the copper-wire thefts.

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