DONIPHAN, Mo. -- The state amended the charges Thursday morning in the case of a Doniphan man who is accused of fatally shooting his brother-in-law during an apparent argument.
Benjamin Michael Ruhl remains charged with the Class A felony of first-degree murder, the Class B felony of first-degree assault, four Class D felonies of first-degree endangering the welfare of a child and two unclassified felonies of armed criminal action.
Ripley County Prosecuting Attorney Christopher Miller's amended complaint charges the 36-year-old as a persistent misdemeanor offender in that he was convicted of the Class A misdemeanor of operating a motor vehicle without a license on March 6, 2013, and the Class B misdemeanor of driving while intoxicated on Dec. 9, 2015. Both of Ruhl's convictions were in Ripley County.
According to the Missouri Revised Statutes, the persistent misdemeanor status subjects a person, if convicted, to an extended term of imprisonment and takes sentencing out of the jury's hands and gives it to the judge.
Ruhl is accused of killing Matthew D. Schrimsher, who Ripley County Sheriff Mike Barton earlier said, was shot once in the right, lower abdomen. Schrimsher's cause of death reportedly was a gunshot wound to the pelvis.
The alleged shooting took place at about 2:15 a.m. on July 31 at Schrimsher's home, which is located off of Highway 60 West, near Highway C. Ruhl reportedly had been living there for about two weeks with his sister, Erin Schrimsher, and her family.
Ruhl is accused of firing a rifle as he was ascending a stairway from the home's basement, and his shot allegedly struck Schrimsher through the door he was attempting to shut.
After allegedly fleeing from the basement, Ruhl is accused of shooting at Schrimsher's older brother, Roy, who was going to the end of the driveway to meet emergency personnel.
Four children, ages, 15, 15, 10 and 9, were inside the home at the time Ruhl allegedly fired the shot, striking Schrimsher.
As far as a motive, "according the family, Ben has been having some alcohol issues, and Matt and Erin took him in to help him," Barton said. "An argument started ... between Ben, Matt and Roy ... and this is the outcome."
Ruhl continues to be held in the Wayne County Jail on $500,000 cash bond.
He is to appear at 11 a.m. Aug. 30 before Associate Circuit Judge David Swindle for a preliminary hearing in his case.