Former St. Louis County police officer Matthew McCulloch was sentenced Thursday to a minimum of five years' probation after firing gunshots at a kids’ trunk-or-treat in Kirkwood in October 2023.
No one was shot during the incident, but police said McCulloch was surrounded by hundreds of children and families when he fired 12 shots in the air on Oct. 15, 2023, at North Kirkwood Middle School. The Parent-Teacher Organization at Kirkwood’s Tillman Elementary School sponsored the event.
The gunfire sent a ripple of fear and panic through the crowd that left many traumatized.
With his head shaved and dressed in a brown patterned jacket with a dark tie, McCulloch sat at a table with his attorney Brian Millikan on Thursday at the St. Louis County Courthouse in Clayton during his sentencing. He appeared engaged with the proceedings — his arms were either resting on the table or folded across his chest.
His father, former St. Louis County Prosecutor Bob McCulloch, was in the courtroom, and his mother, Carolyn, and older sister Liz McCulloch Berra were also present.
About a dozen Kirkwood School District parents were there, some wearing red T-shirts that read “Kirkwood Strong/We Are Tillman.”
During the hearing, Bobby Shah and another parent shared emotional impact statements, pleading with the judge to put McCulloch behind bars. Shah recalled being separated from his kids and said he’ll never forget the disbelief, silence and helplessness he felt while taking cover when McCulloch opened fire.
“There was an eerie, palpable silence,” Shah testified in court Thursday. “You could hear your breath and feel your heartbeat. In that moment, I had no idea, no clue, where my kids or family were.”
Millikan called a psychiatrist to testify who said that McCulloch’s behavior was due to bipolar disorder and that he was having a manic episode that day. He’s since been on medication and in therapy.
St. Louis County Circuit Judge Ellen Ribaudo sentenced McCulloch to a 25-year suspended sentence with a five-year supervised probationary period, meaning he won’t serve any prison time unless he violates his probation.
Ribaudo said she understands the decision isn’t what victims wanted to hear on Thursday.
“I can’t imagine what you all have been through,” Ribaudo said. “I can’t put myself in your shoes. Unfortunately for me, violence is an everyday occurrence. … I see it every day in various communities. If I send him to prison, how long would he be there? The parole board would decide that. If I put him on probation for a minimum of five years, I would be in control.”
Families embraced in the hall after leaving the overflow courtroom. One unidentified father of a Tillman student was told to leave the courthouse after yelling obscenities at McCulloch supporters following sentencing.
Ribaudo said she ultimately made her decision based on the limitations of the justice system and the need to ensure McCulloch maintains sound mental health.
Shah said that although he wishes the sentence was different, he believes the judge heard them.
“I felt that she was trying to do what she thought was best, but I can't help but still hope that there could have been a different outcome,” Shah said after the hearing.
Ribaudo placed several conditions on McCulloch’s probation, including having no contact with any of the victims, maintaining distance from the city of Kirkwood, maintaining therapy treatment and more. He will also have to provide some compensation to the victims and cover all court costs.
McCulloch will not be eligible for early release from probation.
The 40-year-old former police officer was indicted by a St. Louis County grand jury in November 2023 on 15 counts that included seven counts of armed criminal action, six counts of endangering the welfare of a child, one count of a terrorist threat and a single count of unlawful use of a weapon.
In early January, McCulloch opted to make a blind plea and declined the prosecution’s recommended three-year prison term, effectively giving Ribaudo room to decide his sentence.
He pleaded guilty to six counts of endangering the welfare of a child, one count of making a terroristic threat and one count of unlawful use of a weapon.
St. Louis County Prosecutor Melissa Price Smith released a statement immediately after sentencing.
“This guilty plea was negotiated under the previous administration in our office. It was a blind plea, meaning that the sentence imposed was left entirely to the discretion of the court,” Price Smith said. “We respect the court's decision in this tragic and difficult matter. We are so grateful that no one was physically harmed in this incident and pray that this sentence brings some closure for the many victims — especially the many children — impacted by the defendant's actions.”
Police affidavits show that during the October incident McCulloch was surrounded by hundreds of children, including four who were under the age of 17 and standing near him when he began firing his gun. School officials and parents tried to help shelter kids who had been separated from their families, police said.
The St. Louis County Police Department said Matthew McCulloch was no longer employed there as of Oct. 19, 2023.
Some families previously said they were concerned McCulloch would skirt the justice system due to his family ties. Millikan in court records said his client’s criminal record was clean and had expressed concern for McCulloch’s mental health.
After a hearing, his bond was reduced from $500,000 to $250,000 on Jan. 2, 2024, with a 10% pay requirement, and court records show he posted that amount later that month. Upon release, McCulloch was required to report to a CenterPointe psychiatric facility in St. Charles County with 24-hour supervision, no access to firearms, and no contact with victims, his children or his ex-wife, court records show.
Another stipulation was him being placed on house arrest after being released from psychiatric care.
After his guilty plea in January, prosecutors said they believed avoiding trial was in the best interest of the children and families who were traumatized by McCulloch’s actions.
McCulloch addressed victims and apologized in court Thursday.
“I take full responsibility for what occurred on Oct. 15,” McCulloch said. “The fact that I’m responsible for making people feel unsafe, that’s something I'll have to live with for the rest of my life. I can say with confidence that this will never happen again.”
Rachel Lippmann contributed reporting to this story.
