Man who shot and killed another man during domestic assault sentenced to 10 years probation

Theodosia resident Brian Dunaway was sentenced to 10 years in prison and placed on probation for five years after pleading guilty to the amended charge of a class B felony of voluntary manslaughter in connection with the June 13 shooting death of 27-year-old Dewayne “Ed” Wessel. The execution of sentence was suspended, meaning Dunaway does not have to go to prison if he successfully completes his probation while adhering to the probation conditions. If he violates his probation, the judge has the option of suspending his probation and instead executing the prison sentence. The conviction will remain on his criminal record. 

“The state clarifies that the reason for amending the information was that the facts show that the defendant acted in self-defense, as a domestic assault occurred between the victim and his girlfriend. The defendant lived with the victim and his girlfriend. The defendant attempted to intercede in that he asked the victim to stop with the assault,” the online court docket report says. “A physical confrontation then occurred between the defendant and the victim. Then, the defendant produced a handgun and shot the victim. However, the defendant’s possession of methamphetamine simultaneously with a firearm is a separate felony, which constitutes felony murder. Missouri law does not allow a defendant to assert self defense when the felony murder allegations do not involve a forcible felony. Accordingly, the defendant would not be able to claim self-defense at trial, even though he factually was defending himself and others at the time of the incident.”

The docket report says that the parents of Wessel, the victim who was killed, agreed with the outcome of the case. The probable cause statement, prepared by Ozark County Sheriff’s Deputy Matt Rhoades shortly after the incident this summer, explains that the deputy was assigned to a call of a shooting at a residence on County Road 827, west of Gainesville, at 4:35 a.m. that morning. 

Rhoades arrived and found Wessell’s body lying on the floor inside the residence. Deputies attempted lifesaving measures, but they were unsuccessful. 

Rhoades made contact with Dunaway, who the officer recognized from past interactions, the report says. 

“Brian stated he shot another male in self-defense. My current investigation has led me to believe this is to be the case,” Rhoades’s report explains. “…but during the investigation I located in plain view a green waterproof type of container with a clear plastic bag containing a white crystal-like substance, which I recognized with my training and experience as amphetamines.” 

Dunaway was read his Miranda rights, and the suspect reportedly told the officer that he had been using methamphetamines the night before. 

The container where the drugs were found was located in a recliner that Dunaway referred to as his “bed,” the report says. He told the officer he didn’t know there was any meth left in the container, as he thought he’d used it all the night before. 

Dunaway agreed to allow officers to draw his blood for chemical analysis. He was transported to the Ozark County Jail, where he was held until his conviction. 

The firearm, a black semi-automatic handgun, was recovered, and Dunaway admitted that the firearm was his. 

Although the official court records do not mention circumstances involving a domestic violence situation prior to the shooting, the log made by a dispatcher during the call and a Facebook post made by the Ozark County Sheriff’s page after the incident both refer to a violent incident. 

The dispatcher’s log says that Dunaway called 911 at 4:35 a.m. and said that he had shot and killed Wessell. He said the gun he used had been unloaded and was lying on top of a truck. 

Dunaway then reportedly explained what led to the shooting, telling the dispatcher that Wessell was drunk and talking about committing suicide - then went after his (Wessell’s) fiancé and began choking her and trying to kill her. He said that is what led him to shoot Wessell.

The post about the incident on the Ozark County Sheriff’s page explains the incident in similar terms:

“…Interviews were completed at the Sheriff’s Office, and it was found that the male suspect, Mr. Dunaway, had witnessed a domestic assault between the deceased and the deceased’s girlfriend. Mr. Dunaway asked the male to stop, and the male then turned-on Mr. Dunaway and began charging at him. Mr. Dunaway shot the male and awaited the arrival of law enforcement,” the post says.

The Ozark and Douglas County Sheriff’s Departments and Missouri Highway Patrol were involved in the investigation. 

Wessell was pronounced dead at 6 a.m. June 13, by Ozark County Coroner Gene Britt. His body was sent to Ozark where an autopsy was performed, as is customary with homicide cases.

Dunaway was originally charged with the class A felony of murder in the second-degree, the class E felony of possessing a firearm and methamphetamine at the same time and the class D felony of possession of methamphetamine.