Every day for a year, Phillip and Sharon Gatten thought about the last day their son Jacob stayed in their Greene County home. He would have given anything to have kept him there for another hour.

The 33-year-old referred to his parents as his “best friends” and loved hanging 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 the name Jake—made his way to his home in Springfield.

Shortly before 10 p.m., in the 2400 block of South Sheridan Boulevard, Gatten encountered a narrow street full of parked cars from a nearby Halloween party.

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

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

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

“When we gather as a family, it’s never complete knowing that we miss our brother forever in every holiday, photo, and moment of life.”

The alleged shooter, a juvenile, fled the scene along with a 19-year-old man who police say was also involved. Both were arrested, but neither was charged in the case.

“Until recently, our family has trusted 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’s statement.

“At every level of the system, we feel they have failed us. In many cases, they actively ignored us. We never imagined that we would be at the one year anniversary without charges being filed against any of these people. We don’t want you to suffer in silence anymore.”

The family is looking for their day in court

The Gatten family said they have contacted the mayor, Springfield police and the Greene County District Attorney to request that charges be filed in the case.

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

She noted that “decisions to charge 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 that the lead investigator and assistant district attorney assigned to look into the case sat down with the family to explain the steps that were taken and the decision.

“We couldn’t prove beyond a reasonable doubt that this was not self-defense,” he said.

Patterson said the status of the state permits the use of force when a person reasonably believes that 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, the use of force in “defense of another.”

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

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

More: The teenager charged as an adult in the kidnapping case is also charged with the October 28 homicide

The alleged shooter, a 17-year-old from Pleasant Hope, faces two felony charges in a separate case: first-degree robbery and kidnapping with intent to terrorize.

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

“I want to be 100 percent clear, there is no speculation as to who shot my brother. It has been confirmed by the detectives who worked the case and the city attorneys,” said Marissa Gatten.

Keeping Gatten’s memory 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 with his father, starting his own business after working as a carpenter and foreman.

“Jake had plans to continue his construction business and was doing a remodeling plan for someone’s home before he was killed,” Marissa Gatten said in a family statement.

Gatten immersed himself in music, attending festivals and concerts and working towards becoming a DJ.

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

“His facial expressions were enough to trigger a lot of laughs. He was a passionate person and when he put his mind to something, he achieved it. He was intelligent 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, enjoying the sun 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 he passed were spent with his son.”

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