An Evanston man accused of shooting his father to death in their home will not have his case dismissed early on self-defense grounds, a judge ruled Tuesday.
Ethan Grasse, who was born in 2002, was charged with second-degree murder in November, on claims that he shot his father Michael Grasse around the morning of Nov. 22 in their shared home in Evanston.
The evidentiary affidavit says Michael Grasse had been drinking the day prior, and the pair fought throughout the day, and that Grasse admitted to shooting his father several times with a .22-caliber pistol that he kept in his room.
Ethan Grasse asked the court on Jan. 29, through a motion by Assistant Public Defender Tammy Fields, to dismiss the case against him on self-defense grounds.
“Mr. Ethan Grasse used reasonable defensive force to protect himself from serious bodily injury and therefore should not be charged with the count set forth,” wrote Fields.
Grasse was in his own home in his bedroom, sleeping with his bedroom door closed and locked in the early hours of Nov. 22, she added.
Fields wrote that the interviews and evidence show that on Nov. 21, Michael Grasse had “been drinking heavily” and had a history of drinking and driving, and was described as a “mean drunk” when drinking.
Michael Grasse reportedly told his son he wanted to drive to a restaurant for food, so Ethan took him. When they returned, Ethan parked his vehicle in the driveway behind his father’s, so the father couldn’t drive, the motion says.
Ethan heard Michael moving their trash cans so Michael could drive his car around Ethan’s vehicle, and Ethan said he’d call the police if Michael drove, says the document.
Michael “physically attacked Ethan” and Ethan defended himself, Fields wrote.
Michael’s mother – who is Ethan’s grandmother – broke up the fight, she added.
The document says Ethan Grasse left home, visited a friend and called to see if he could stay at another family member’s home. It also says when he couldn’t find a place to stay, he went to Walmart and bought a locking doorknob for his bedroom door.
Once home, says the document, Ethan found his father “passed out from drinking,” and took the man’s keys and phone so the father couldn’t drive drunk and obtain more alcohol.
Fields wrote that Ethan found whiskey bottles, and poured them out, then changed the lock on his door and went to bed.
Around 10 p.m. Michael went to Ethan’s room, found the door locked, asked for his keys and wallet and threatened to “kick (Ethan’s) ass” and break down the door, wrote Fields.
Ethan said he’d return his father’s keys when the latter was sober, the document says.
Michael went back to his room to work out with a weight set in his room, “all the while making threats against Ethan,” it adds.
The filing says that at 10:44 p.m., Nov. 21, Ethan woke and texted his grandmother: “He just woke up i can hear him threatening me throught (sic) the wall not to make you more sad but if he tries to break into my room i will defend myself love you yaya have a good night.”
Ethan Grasse went back to sleep until 3:30 a.m., when the sound of someone breaking through his door woke him, wrote Fields.
He wears thick prescription glasses, and was, the defender continued, “only aware that his living area, his bedroom, was being forcefully broken into and that he could only see the outline of an individual entering through the broken door.”
He reached for his handgun, sat, turned and fired three shots toward the door. He heard his father moan, put on his glasses and immediately called 911, the document says.
John’s Hearing
Ethan Grasse had a “John’s” self-defense hearing Friday, during which witnesses testified under questioning by both the defense and the prosecutor, Uinta County Attorney Loretta Howieson Kallas.
To win dismissal, Ethan would have had to show that, at first glance, there’s evidence he acted with legally justifiable self defense.
Had he won that effort Kallas would have had the chance to overcome the showing by proving by a higher standard – preponderance of the evidence – that Ethan Grasse didn’t act with reasonable self-defense.
But judge’s analysis didn’t have to go that far, says a Tuesday order by Uinta County District Court Judge James Kaste. That’s because Grasse didn’t convince the judge that, at first glance, there’s evidence backing his self-defense claim.
“As thoroughly addressed upon the record in its oral ruling, (the) Defendant Grasse did not present sufficient evidence to meet (the) burden of a prima facie assertion of self-defense.”
But the jury may think differently than the judge.
“This finding does not preclude (Ethan Grasse) from asserting self-defense at the trial in this matter,” wrote Kaste.
Ethan Grasse’s jury trial is set to begin May 12.
Clair McFarland can be reached at clair@cowboystatedaily.com.
