ST. LOUIS COUNTY, Mo. (KMOV.com) -- Twenty days after a shooting inside a Florissant Show-Me’s killed one man and injured another, St. Louis County Prosecuting Attorney Bob McCulloch issued charges against the gunman.
Neal Myers has been charged with first-degree murder in the death of Scott Beary and armed criminal action as well as assault in the shooting injury of Ryan Jacobsmeyer.
"After reviewing everything, and additional investigation by the Florissant Police Department, we came to the conclusion the evidence warrants the filing of the charges," McCulloch said.
Myers was originally taken into custody immediately following the shooting but was released after 24 hours when no charges were filed.
At a press conference following Myers' release, McCulloch explained the intersection of gun laws, self-defense laws and Stand Your Ground laws made the situation too complex to issue charges.
“There was no charge that could be filed yesterday,” he said February 8. “Defense is always a consideration we look at, but now there’s defense of others, who’s the aggressor, who’s the initial aggressor...The way the law keeps changing with Stand Your Ground and where you can take guns and all that information, it’s going to take awhile to sort through this.”
Since no one can be held for over 24 hours without charges being filed, Myers was released from custody.
Investigators initially combed through multiple videos from inside the Show-Me’s in the 1700 block of New Florissant Road and more than 20 witness interviews. McCulloch said there was not enough clear evidence at the time to determine whether the man acted in defense or as the aggressor.
Thursday, after more time with the evidence, the prosecutor's office determined they had enough to charge Myers with murder.
Beary, of Manchester, was shot three times and killed in the incident and Jacobsmeyer, 37, of Troy, Mo, who was Beary’s friend and co-worker, was injured.
According to Jeana Sellenschuetter, Beary's friend and employer at CSM Construction, the argument began during a conversation about the weight of one of the patron’s German Shepherds.
It wasn't until Beary and his friend were about to leave that the argument turned physical, according to police.
"As [they] left the bar, they patted Mr. Myers on the shoulder and said 'no hard feelings' or something to that effect," McCulloch said. "They made it to the door, Mr. Myers then made a number of disparaging comments to them. Mr. Beary then came back toward him. While Myers was doing that, he had his hand in his pocket on his gun."
Myers had taken the gun out of its holster and put it in his pocket. Beary approached him, and that's when Myers drew his weapon.
"He pulled his gun at about the same time Mr. Beary was rearing back to punch him. A couple punches were landed, five shots were fired."
Beary was shot three times and later died. Jacobsmeyer was shot once and survived. One shot missed.
Beary was a father of three, a loving dad and husband, according to friends.
"He was the salt of the earth," Sellenschuetter said. "He was a teddy bear."
The shooting came just days after Beary and his family laid his 11-day-old daughter to rest after complications from a premature birth.
"We put her to rest and we were all healing and now this happens," Sellenschuetter said after the shooting. "So we're going to start all over again and we're going to be in that same church that we were just inside on Sunday and it's not fair."
Beary's wife Christina said more than 900 people have donated and helped the family out.
Myers' bond is set at $250,000.
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