Defense, not Murder

Damian Henry has been acquitted of murder charges after a Howell County jury found he acted in defense of a friend when he shot a man in April. Henry, 23, of West Plains was charged first degree murder and armed criminal action in April 2022.

Since his initial interview with police on April 6, Henry has been forthcoming with the reason he shot James Vineyard. In that early morning interview, Henry told investigators he shot Vineyard because the deceased pulled a knife during a fight with a friend, as previously reported by Howell County News. 

On Jan. 12, a jury returned a verdict of not guilty on all charges against Henry, finding he acted in defense of his friend, reports the Office of the Missouri State Public Defenders. Assistant Public Defender Thomas Flack led the defense team for Henry.

“Mr. Henry was at the Snappy Mart purchasing cigarettes.  He never intended for there to be a fight,” said Flack.  “As Mr. Henry was driving from the station, he was called back to the front of the building by Mr. Vineyard.  The passenger got out and Vineyard and the passenger began to square up for a fist fight, at which time Mr. Vineyard stabbed at the passenger with a large fixed-blade knife.  In order to prevent his friend from being stabbed again, [Henry] fired his lawfully owned weapon.  The jury made the correct call in determining he was justified in defending his friend.”

According to the public defender’s office, Henry spent more than seven months in jail awaiting trial.  His trial, originally set in November of 2022, was continued. At that time, his bond was reduced and he was able to secure release from custody.  Henry spent the last two months working alongside his father and will return to that work following the acquittal, Flack said.   

The defense team also included co-counsel District Defender Bethany Turner and Investigator Richard Rhoads. 

“A young man gets another chance at life due to the tireless work of his defense team and skilled attorney, Tom Flack,” said Turner.  “I want to thank the entire West Plains Public Defender Office for pulling together daily to continue to carry out the mission of the MSPD to provide high-quality, competent, ardent defense to every client.”