Every day for a year, Phillip and Sharon Gatten have thought about the last day their son Jacob stood in their Greene County home. They’d give anything to have kept him there another hour.

The 33-year-old referred to his parents as his “best friends” and loved to hang out with them, his siblings and his then 3-year-old son.

After leaving his parents’ house that night, the last Saturday in October 2023, Jacob Gatten — who went by Jake — made his way to his home in Springfield.

Shortly before 10 pm, in the 2400 block of South Sheridan Boulevard, Gatten encountered a narrow street jammed with parked cars from a nearby Halloween house party.

The family said Gatten was frustrated and made a comment to some teenagers who were nearby. Springfield police said an argument was sued and quickly escalated. Multiple shots were fired.

Gatten, who was unarmed, was shot. He was found on the street and was taken by an ambulance to a hospital, where he died.

“Our parents live every day wishing Jake had stayed a little longer in their house that night, which may have altered the night drastically. Their constant pain and heartache is with them at every moment of every day,” said Jake’s sister Marissa Gatten, as part of a statement to the News-Leader from the family.

“When we get together as a family, it never feels complete knowing we are forever missing our brother in each holiday, photo and life moment.”

The alleged shooter, a juvenile, fled the scene along with a 19-year-old who police say was also involved. Both were arrested but no charges have been filed against either in the case.

“Up until recently, our family has trusted in our community’s law enforcement and justice system to keep criminals off our streets and, at the very least, let Jake’s killer have his day in court to be judged by a jury of his peers,” Marissa Gatten wrote, in the family statement.

“At every level of the system, we feel like they have failed us. In many cases, actively ignored us. We never envisioned we would be at the one-year anniversary with zero charges filed against either of these men. We do not want to suffer in silence any longer.”

Family seeks day in court

The Gatten family said it has reached out to the mayor, Springfield police and the Greene County prosecutor to ask that charges be filed in this case.

In a response to the News-Leader, police representative Cris Swaters said there were two arrests in the case. She said detectives fully investigated the crime and presented the information to the prosecutor’s office.

She noted “charging decisions are made by the prosecutor, not the police.”

Greene County Prosecutor Dan Patterson said his office declined to file charges in February. He said in March, the lead investigator and the assistant prosecutor assigned to review the case sat down with the family to explain the steps that had been taken and the decision.

“We could not prove, without reasonable doubt, that this was not self-defense,” he said.

Patterson said state statute permits the use of force when an individual who reasonably believes he or she — or another person — is in imminent danger.

In this case, he said the alleged shooter could reasonably argue self-defense, or more specifically in this situation, use of force in “defense of another.”

Patterson said it is impossible to understand how much pain a family goes through when losing a loved one during an act of violence and the search for justice is understandable.

He said his office has an ethical obligation to only file charges in cases where there is sufficient evidence. “And that did not exist in this case.”

More: Teen charged as an adult in criminal kidnapping case is also accused of Oct. 28 homicide

The alleged shooter, a 17-year-old from Pleasant Hope, faces two criminal charges in a separate case: first-degree robbery and a kidnapping that inflicted injury and was intended to terrorize.

If convicted of the most serious crime, he faces a minimum of 10 years to life in prison.

“I want to be 100% clear, there is zero speculation around who shot my brother. It was confirmed by the detectives who worked the case and the city prosecutors,” Marissa Gatten said.

Keeping Gatten’s memories alive

Born on Christmas Eve in 1989, Gatten graduated from Bishop McNamara High School in 2008 and attended Ozarks Technical Community College and Missouri State University.

He learned the construction trade alongside his father, starting his own business after working as a carpenter and a foreman.

“Jake had plans to continue with his construction business and was crafting a remodel plan for someone’s house before he was killed,” said Marissa Gatten, in a statement from the family.

Gatten immersed himself in music, attending festivals and concerts, and was working to become a DJ.

“Jake had a larger-than-life personality. He made friends wherever he went and was always making jokes or doing impressions — a personal favorite was Ace Ventura,” Marissa Gatten said in the statement.

“His facial expressions were enough to start a slew of laughter. He was a passionate person and when he set his mind to doing something, he would achieve it. He was smart and creative, always working on a new project.”

The family said their son and brother should be here. He should be spending time with friends and family on Table Rock Lake, soaking up the sunshine and listening to music.

“His life changed forever with the birth of his son,” Marissa Gatten wrote. “When it came to his son, Jake became a better version of himself. Making him his whole world. His last hours, before passing, were spent with his son.”

This article originally appeared on Springfield News-Leader: Jacob Gatten’s family wants charges filed a year after his killing