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Messages - kevinhillman

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181
A person can get a temporary ex parte order of protection without a hearing.  However, once they get that, then a hearing is ordered to decide whether the order will be permenant.  The subject of the order is served with the temporary order and the date of the hearing.  In order to get an order, the applicant applies with the clerk's office on the 2nd floor of the courthouse.

182
The judge sets the bond.  I request a certain amount, but he/she does not have to follow that recommendation.

183
I realize that everyone is upset, but please keep the tone civil here before it becomes a matter I have to deal with as the prosecutor, which no one wants.
 
The law on abandoning property by a tenant is tricky and there are some requirements that need to be followed prior to disposing of the property by the landlord. I am not saying you did anything wrong, I just don't know. I would suggest that you speak with a civil attorney about those steps.  It has been a while since I filed an eviction action so I don't want to give you bad advice.
 
If someone is harrassing you, you can always file for an order of protection on the 2nd floor of the courthouse with the Circuit Clerk.
 
-Kevin
 
 

184
We are going through the old cases as fast as we can.  There are many that are now past the statute of limitations and I can not file.  In addition, I have the current case load to file so that the new cases get resolved quickly. 

185
It could also be that the person failed to appear on a summons for the check charge and the judge issued a capias warrant, which means no bond.
 

186
PRESS RELEASE
3/23/11

Kevin Hillman, Pulaski County Prosecuting Attorney, announces that today in the Circuit Court of Pulaski County, Craig Turner of Waynesville was found guilty of Robbery in the Second Degree after a two day jury trial.  The prosecution of the case was handled by Prosecuting Attorney Kevin Hillman and Assistant Prosecuting Attorney Ken Clayton.

The jury found that Mr. Turner robbed a tourist from England during the early morning hours of November 5, 2010, at the Relax Inn in St. Robert, Missouri. Mr. Turner was apprehended shortly after the robbery by members of the St. Robert Police Department and much of the victim’s property was recovered and returned to him.

“I hope that this verdict today sends a clear message that these types of acts will not be tolerated in this county,” said Pulaski County Prosecuting Attorney Kevin Hillman.  “My office will work hard to make sure innocent victims such as the one in this case are protected from these types of crimes and those individuals who perpetrate such acts are brought to justice.”

Mr. Turner will be sentenced on June 9, 2011, at 9:00 am by the Honorable Tracy Storie, Circuit Judge.  Mr. Turner faces a sentence of five to fifteen years in the Missouri Department of Corrections.

The Prosecutor’s Office wishes to thank the St. Robert Police Department for their hard work on this case, especially Detective Jeff Saylor, Officer Mike Hartness, Officer Dan Cordova, and Officer Jennifer Hicks.  The Prosecutor’s Office would also like to thank the board members of the County Law Enforcement Restitution Fund (CLERF) who agreed to fund the witness travel from England back to Pulaski County.  Without those funds, a conviction in this case would not have been possible.


Please direct all questions to Kevin Hillman, Pulaski County Prosecuting Attorney.


187
I am confident David will bring some sanity to the Sentencing Advisory Commission.  As the guidlelines stand now, they are close to worthless and almost always recommend probation.  I am so happy to see someone like David on this Commission.

188
One of the number one things that I was asked as I campaigned was to make sure the public knew what was going on with the Prosecutor's Office.  That is what I am doing when I send out a press release.  I am sorry that some folks do not like how I wrote the press release. 
 
I would have asked for the max on a "pos" just like I asked for the max on Coach Nelson's case. No one deserves to be killed by a drunk driver.  I'm sorry that I was not able to convince the judge for a tougher sentence.
 
If you would like to make an appointment to speak with me if you have a problem with the way I do a press release, please feel free to make an appointment with me at 573-774-4770.
 
Thanks,
Kevin

189
You're right, I do have good staff.  I did not take it as a slam at all.  I just wanted folks to know that I am available to meet with them if they want.  It was a complaint in the past that you could not ever see the prosecutor and I am trying to change that.
 
-Kevin

190
PRESS RELEASE
2/23/11
 
Kevin Hillman, Pulaski County Prosecuting Attorney, announces that today in the Circuit Court of Maries County, George Harry Widener of Jerome, Missouri was sentenced to ten years confinement in the Department of Corrections with the Court retaining jurisdiction under section 559.115 R.S. Mo on the charge of involuntary manslaughter while intoxicated.  Mr. Widener had pled guilty to the charge in December.  By the Court retaining jurisdiction, Mr. Widener has the possibility of being released earlier and being placed on probation if he successfully completes a substance abuse program and the Judge allows it.
 
The victim in this case was Donald Nelson, a Waynesville teacher, baseball coach, and radio announcer.    Mr. Widener struck Mr. Nelson, who was on a motorcycle, on Old Route 66 after Mr. Widener turned the wrong way into oncoming traffic in a truck.  Mr. Widener was intoxicated at the time with a BAC of .214%.
 
“Although I had asked the Court for the maximum of fifteen years, I believe that the ten year sentence is appropriate punishment for this crime.  I do not support letting Mr. Widener out early as his reckless behavior has taken away a valuable member of the community from all of us and a father, brother, grandfather, and uncle away from the members of his family.  I hope that this case sends a message that drinking and driving will not be tolerated and the effects of such reckless behavior can be devastating on innocent victims,” said Pulaski County Prosecuting Attorney Kevin Hillman.
 
The Prosecutor’s Office wishes to thank the Nelson family for their assistance and the St. Robert Police and Fire Departments, especially Sgt. Butch Hohman and Ofc. Dan Wogan for their hard work responding to and investigating this case.  The Prosecutor’s Office also wishes to thank former Prosecuting Attorney Deborah Hooper and Assistant Attorney General Ted Bruce for their prior work on this case.

Please direct all questions to Kevin Hillman, Pulaski County Prosecuting Attorney.

 

191
PRESS RELEASE
2/22/11

Kevin Hillman, Pulaski County Prosecuting Attorney announces that he has restarted the Prosecutor’s Office aggressive bad check collection program.  In order to assist merchants with the losses caused by bad checks, the Prosecutor’s Office has available guides for merchants that give information on how to accept a check that allows for future prosecution in the event of a dishonored check.  In addition, the Prosecutor’s Office has signs available for merchants to display indicating that they are participating in the Prosecutor’s Office bad check program.

“Although the use of checks has declined with the increase of debit and credit cards, bad checks remain a problem.  Failing to pay after a check bounces is a form of theft.  This behavior drives up prices for everyone and law abiding citizens in Pulaski County should not be victimized by this conduct.  My office will be aggressive in order to try and minimize the damage bad checks cause,” said Pulaski County Prosecuting Attorney Kevin Hillman. 

If anyone is interested in obtaining a copy of the bad check guide or a sign, please contact the Prosecutor’s Office at 573-774-4770 and ask to speak with the bad check clerk.  In addition, if you are the victim of a bad check, please contact the office to inquire how to properly report the offense. 

Please direct all questions to Kevin Hillman, Pulaski County Prosecuting Attorney.

192
Just for folks info, I usually set aside Friday afternoons for appointments.  There are times when I am not there, but if you want to talk to me, they will make you an appointment.  There are some ethical limits such as I can not speak to you if you are represented by an attorney.
-Kevin

193
Pete, the charges were already filed and warrant issued.  Thus, there is no 24 hour hold.  She is in until she makes bond.

194
Mae,
 
Please give me a call at 774-4770 and schedule an appointment to see me.  The girl at the front was telling you what the general policy is.  I am happy to speak with you about your ticket.
 
Thanks,
Kevin

195
Pulaski County Sheriff Press Releases / Re: PCSD- More Cases Filed
« on: January 31, 2011, 01:50:19 AM »
Keep in mind that on many of the drug cases, we do not file until we get the lab reports back.  This sometimes takes 6-8 months, especially on the less serious charges.  We do this in order to not charge someone improperly, and ensure a speedy trial once charged.
 
I am currently going through the old cases, but I am not a miracle worker and it will take some time.  Please be patient as we get everything up and running.

196
161 boxes of closed cases out of the prosecutor's office today.  Boy, talk about Spring cleaning.  A special thanks to the Western District Road crew for all of their help today.  We worked pretty hard!  This storage area was completely empty when we started today.

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197
Folks, I make mistakes everyday.  I'll try and number the press releases or I will add a new topic for each one.  I am going to try and do a release once a week so folks know what the office is working on.
 
I plan on having an open house in a couple of weeks and invite the public in to see the office and meet the folks that work there.
 
-Kevin
 
 

198
Each of the cases filed were supported by probable cause or they would not have been filed.  I am not interested in numbers, just prosecuting those that commit crimes.  Also, keep in mind that when they are charged, it is an accusation, and the person remains innocent until proven guilty.  So you know, I have turned down charges this week for lack of probable cause.
-Kevin

199
PRESS RELEASE
1/11/11

Kevin Hillman, Pulaski County Prosecuting Attorney announces that the following individuals were charged with crimes in the past week by the Pulaski County Prosecutor’s Office:

 
  • John Luscomb, Jr., Careless and Imprudent Driving, a class A misdemeanor, for an incident occurring on October 22, 2010.  This case was investigated by the Pulaski County Sheriff’s Department.
  •    Cory Barton, possession of a controlled substance, a class A misdemeanor, for an incident occurring on October 31, 2010.  This is case was investigated by the Missouri State Highway Patrol.
  • Raymond Haney, Leaving the Scene of a Motor Vehicle Accident, a class A misdemeanor, for an incident occurring on June 11, 2010.  This case was investigated by the Pulaski County Sheriff’s Department.
  • Dennis Shattuck, Driving While Revoked, for an incident occurring on December 29, 2010.  This is case was investigated by the Missouri State Highway Patrol.
  • David Anderson, Driving While Intoxicated (2nd) and Driving While Revoked, both class A misdemeanors, for an incident occurring on January 6, 2011.  This case was investigated by the St. Robert Police Department.
  • Christopher Harris, Possession of a Controlled Substance, a class D felony, for an incident occurring on October 23, 2009.  This case was investigated by the Dixon Police Department.
  • Chelsea Sherman, Possession of a Controlled Substances, a class D felony, for an incident occurring on October 23, 2009.  This case was investigated by the Dixon Police Department.
  • Theresa White, Forgery, a class C felony, for an incident occurring on June 10, 2008.  This case was investigated by the St. Robert Police Department.
  • Michael Snelson, Driving While Intoxicated, a class B misdemeanor, for an incident occurring on July 30. 2010.  This case was investigated by the St. Robert Police Department.
  • Kimonte Cook, Inhalation of Solvent Fumes, a class B misdemeanor, for an incident occurring on December 1, 2010.  This case was investigated by the Waynesville Police Department.
  • Joseph Bean, Fraudulent Use of a Debit Device, a class A misdemeanor, for an incident occurring on December 7, 2010.  This case was investigated by the Dixon Police Department.
  • Michael Clegg, Leaving the Scene of an Accident, Driving While Intoxicated, and Careless and Imprudent Driving, class D felony and class A misdemeanors, for an incident occurring on December 6 and 7, 2010.  This case was investigated by the Missouri State Highway Patrol.
  • Jimmy Mitchem, Domestic Assault, a class A misdemeanor, for an incident occurring on March 28, 2010.  This case was investigated by the Waynesville Police Department.
  • Lawanda Hyde, Driving While Revoked, a class A misdemeanor, for an incident occurring on December 16, 2010.  This case was investigated the Pulaski County Sheriff’s Department.
  • Danny Simpson, Driving While Intoxicated (2nd), a class A misdemeanor, for an incident occurring on August 6, 2010.  This case was investigated by the Missouri State Highway Patrol.
  • Joshua Wells, Driving While Intoxicated (2nd), a class A misdemeanor, for an incident occurring on December 4, 2010.  This case was investigated by the St. Robert Police Department.
  • Auston Bradstreet, Property Damage, a class D felony, for an incident occurring on October 18, 2010.  This case was investigated by the St. Robert Police Department.
  • David Davis, Possession of a Controlled Substance, a class C felony, for an incident occurring on December 4, 2010.  This case was investigated by the Waynesville Police Department.
  • Charles Pitts, Domestic Assault 2nd degree, a class C felony, for an incident occurring on January 6, 2011.  This case was investigated by the Pulaski County Sheriff’s Department.
  • Justin Clark, Unauthorized Use of a Weapon, a class C felony, for an incident occurring on October 11, 2009.  This case was investigated by the Crocker Police Department.
  • Jessica Thomas, Unauthorized Use of a Weapon, a class C felony, for an incident occurring on October 11, 2009.  This case was investigated by the Crocker Police Department.
  • Aaron Zachary, Domestic Assault in the 1st Degree, for an incident occurring on January 7, 2011.  This case was investigated by the St. Robert Police Department.
  • John Davis-Raikes, Animal Abuse, a class A misdemeanor, Property Damage, a class D felony, and Armed Criminal Action, an uncategorized felony, for an incident occurring on December 25, 2010.  This case was investigated by the Crocker Police Department.
  • Edward Hicks, Passing Bad Checks, a class C felony.
  • Destinee Lake, Passing Bad Checks, a class A misdemeanor.
  • Natasha Knock, Passing Bad Checks (3 counts), all class A misdemeanors.
  • Sylvia Hudson, Passing Bad Checks, a class C felony.
  • Eric Therkelson, Passing Bad Checks, a class A misdemeanor.
  • Heather Massey, Passing Bad Checks, a class C felony.
  • Greg Carney, Passing Bad Checks, a class A misdemeanor.
  • Asia Swain, Criminal Non-Support, a class A misdemeanor.
  • Daniel Rathburn, Criminal Non-Support, a class D felony.
  • Jamie Fischer, Criminal Non-Support, a class D felony.

The Prosecutor’s Office reminds everyone that these charges are merely an accusation and these individuals remain innocent until proven guilty.

Please direct all questions to Kevin Hillman, Pulaski County Prosecuting Attorney.

200
PRESS RELEASE
1/11/11

Kevin Hillman, Pulaski County Prosecuting Attorney announces that charges have been filed against John Davis-Raikes for the Christmas Day shooting of a Labrador Retriever named Lillie in Crocker with an air rifle or pellet gun.  The charges filed are property damage, a class D felony, animal abuse, a class A misdemeanor, and armed criminal action, an uncategorized felony.

This case was investigated by the Crocker Police Department. 

The Prosecutor’s Office reminds everyone that these charges are merely an accusation and this individual remains innocent until proven guilty.


Please direct all questions to Kevin Hillman, Pulaski County Prosecuting Attorney.

201
Listening, don't worry about the folks on this board.  They critique me, the Sheriff, Darrell, David Day etc. all the time.  It is just part of the free nature of a blog.  I would welcome you to turn in your application.
 
For others, I filled the part time position but may have other spots in the future.  I had a lot of qualified folks apply and I will keep the resumes and consider them for the future.  Thanks to all that applied.

202
You all crack me up. ###$$#@!   If you don't have access to a computer, you can drop off your resume at my office on the 3rd floor of the courthouse as well.

203
The Pulaski County Prosecutor’s Office is seeking applications for a part time criminal clerk.  The criminal clerk is responsible for assisting the attorneys with preparing documents, filing, assisting in court and other tasks as assigned.  Starting pay for this position is $9.00 per hour and is currently a 20 hour per week position with the possibility of more hours in the future.  If interested, please respond by January 10, 2011 with a resume to pcmopa@hotmail.com.  The Pulaski County Prosecutor’s Office is an equal opportunity employer.

204
Darrell, you sure you're not a lawyer disguised as a reporter.  It sounds like you have a handle on the situation pretty well.
 
By the way, I welcome this healthy debate.  This is why I asked Rick for the forum.  I want people to be able to ask and understand the system.  Far too many people think there is some grand design or all powerful being up in the courthouse making these decisions.  It's really more like when Dorothy figures out the Wizard of Oz is a regular guy.  That's us, regular folks trying to do what is best and the best with what we have.
 
Several folks have asked me about when I will be making announcements about the direction of the prosecutor's office.  I will be making some announcements after the first of the year once I am in office.
 

205
I think this is getting overblown.  The clerks get the authority from the prosecutor, or she knows what he does on certain cases because she has worked with them so much.  The prosecutor would still have to approve it.  She does not have authority to act unilaterally, and I am sorry if I confused anyone.  The driving record is in the file and it is looked at before such an amendment is offered or accepted.  I always look at the driving record before amending tickets.  I also allow these to be done ahead of court so that a person does not have to take a day off work or miss school, etc. 
 
The fine would have been paid straight to the city by credit card or cash and if paid by check, made out to the city.  If something else happened, then there is a problem.
 
I am sorry if I confused anyone to think that this is an automatic thing.  The speed, driving record, age, and circumstances are always considered when offering or approving such a deal.
 
As to the cost, I really can't speak to it because it is not my case.  It is higher than I charge.  However, I will say that the policy at the county level in my experience is to charge $270.50 on every speeding ticket that is amended, which is the maximum on every case, no matter the speed. 
 
 

206
Well the more serious the charge, the more seriously it is dealt with.  In municipal court, DWIs are about the most serious charge that is heard in that court.  Those are not dealt with by the clerk nor does a soldier get it dismissed to keep it out of his 201 file. 

207
2 card, are you talking about DWIs?  That is an entirely different story than a speeding ticket.
 
 

208
Also, please be careful with the term extortion.  I am still the judge in Waynesville until next week and I will speak to the clerk about how she worded what she said.  However, I also know her and my guess is her intent was simply to try and give you options.  Your son could have still just paid the tickets, or pled not guilty and had a trial.  I know you disagree with the amount and the prosecutor there sets the fines higher than I do in St. Robert, but that is his call and it is not illegal.  The bottom line is it was your choice.  Again, I realize that you were not alleging criminal misconduct but I don't want rumors to start.

209
There are limits to what can be done and what the fine amount is, set by statute.  In addition, the judge has to approve of it.  However, you are right that the prosecutor does have a lot of discretion in what can be done.  That's why it is an important job.  Hopefully, I don't turn out to be a loon.
 
Please be careful with the term kickback.  A kickback would be if the prosecutor gets a bribe to do the deal.  That is highly illegal and happened a couple of years ago up in Lake Ozark.  When the fine is increased, either the city or state gets the money and there is no benefit to the prosecutor.  I know the city prosecutor in Waynesville and he is a good and honorable person and NOT taking kickbacks.  I know that is not what you meant, but I want that to be clear.
 
I will also tell you that in response to Darrell's comment about Laura, it is an issue about time and resources.  That's not to mean you don't deal with serious traffic tickets.  However, my main focus is going to be on the serious crimes like murder, rape, etc. 

210
It is not illegal to amend tickets, it is called prosecutor's discretion and plea bargining.  There are times when I will amend a ticket to a non-moving violation for someone and charge more.  I typically charge a little less than double the standard fine.  I have had speeding tickets before and I know I appreciated the fact that the prosecutor would give me the option.  There are also times when driving school or community service are in order.
 
There was some debate a few years ago about whether this was ethical or not.  The Missouri Supreme Court Discplinary Council rendered an opinion that said it was acceptable to do.  Therefore, like it or not, it is the system we have.
 
As to the amount, each prosecutor has their own way of doing this.  I believe they must have a set amount to amend the tickets and that is why the clerk offered that to you.  If you want to speak with the city prosecutor, I would.  He may cut the amount down or offer some alternatives. 

 

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