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Messages - kevinhillman

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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.

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.

The Pulaski County Prosecutorís 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  The Pulaski County Prosecutorís Office is an equal opportunity employer.

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.

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. 

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. 

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

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.

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. 

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. 


Pulaski County Sheriff Press Releases / Re: PCSD- Home Invasion Case
« on: December 07, 2010, 03:20:36 AM »
569.160. 1. A person commits the crime of burglary in the first degree if he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing a crime therein, and when in effecting entry or while in the building or inhabitable structure or in immediate flight therefrom, he or another participant in the crime:   (1) Is armed with explosives or a deadly weapon or;   (2) Causes or threatens immediate physical injury to any person who is not a participant in the crime; or   (3) There is present in the structure another person who is not a participant in the crime.   2. Burglary in the first degree is a class B felony.
It's the right charge. You don't have to steal anything, just commit a crime in a house or structure.

Pulaski County Sheriff Press Releases / Re: PCSD- Pursuit & Arrest
« on: November 28, 2010, 03:49:56 AM »
I can have volunteers and have had people offer their services to me.  I will probably take them up on the offer.  However, I have to be careful because of the sensitive nature of the files in the office.  Plus, volunteers are not a long term answer. 
The short answer to your shooting question is no, you can not just shoot someone on your property even with a sign.  There are lots of exceptions, for example if you feel threatened, then you may have the right to use deadly force.  The Castle Doctrine comes in to play if a person is unlawfully entering an inhabitated structure, you then may have the right to use deadly force.  Your question is pretty broad and I don't want to give you the wrong advice without some more facts.

Pulaski County Sheriff Press Releases / Re: PCSD- Pursuit & Arrest
« on: November 28, 2010, 02:31:37 AM »
Wow, I go away for Thanksgiving and there is lots of talk about me.  Even mention of me being a superhero, which is a first.  I'll have to tell my wife.  Anyways, to answer your questions, yes, funding is going to be a headache.  To properly run this office it would be the prosecutor and 4-5 assistants based on our population.  Phelps County has had 3-4 assistants depending on the timing over the last 8 years with a similar population.  Do I think I am going to get that many assistants, no.  I am however working on getting more, and working on how to fund it.  Right now I think I have a realistic formula to get 2 and perhaps an additional part time person.  I would also like to add at least a part time staff person to help with the additional caseload.
I have to keep telling myself that I can not do all that I want in the first week.  Contrary to popular belief, or 2 Card JonE's opinion, I am not a superhero and just a normal guy trying to do my best with the cards I am dealt.  I will pledge that hopefully by this time next year you all will be at least partially happy with the results.  If not, I'll be on here for you to ask me why and to defend myself.
I did want to mention that the current prosecutor has been working with me on the transition.  She has let me meet with the staff and ask for their ideas.  She has also promised to sit down in December and go over the current cases with me.  I can not answer about why cases are not being filed, but I will review these if they are still pending after Jan. 1st.

Please contact my office (the prosecutor's office) after January 1st and I will be happy to meet with you about this issue.  Without the file, I am afraid I may give you some incorrect information.

City Government Opinion / Re: Waynesville Pool tax vote
« on: October 28, 2010, 03:00:43 AM »
I am not sure if you looked at the dates of the posts, but many were in 2008.  Since then, St. Robert voted to put a sales tax on the ballot that was approved and the pool will be open next Memorial Day.  We tried to do it jointly but it just didn't work out for lots of reasons, many of which no one had any control over.  If Waynesville does a pool, I do not think it will be similar to this one for obvious reasons.

We do a lot of things jointly, including running the airport and the recreation program.  The cities have a good relationship, especially compared to how it used to be.

heres an Idea, How about st robert/waynesville get on the same page and 1 town builds something we need and the other builds something else we need instead of you both building the same thing.

Guys, we did an environmental assesment of that property prior to purchasing this.  In addition, there was one done about 8 years ago as well.  Neither turned up anything nasty.  This was going to be a major development site 8 years ago and the financing got messed up, not buried tankers.  This is going to be a good thing for the city.
Kevin Hillman
St. Robert City Attorney

County Government Opinion / Re: How's the Prosecuting Attorney Doing?
« on: August 04, 2010, 05:12:41 PM »
I'll still be on here.  Maybe Rick can put a thread that is "Ask the Prosecutor a question" or something like that.  Remember though, I still have to win in November.

Congratulations Kevin. It will be interesting to see how well you and the PCSD work together.  I have said recently that it was a he said she said type of deal.  I like many others hope that this will be a much better partnership. I also hope as PA that you still be on this site to update the people and to defend yourself if need be.  Which I hope you never have to.  Now let’s throw some methheads in jail.

County Government Opinion / Re: How's the Prosecuting Attorney Doing?
« on: August 04, 2010, 11:53:04 AM »
Thanks Pulaski County web for your support.  Now we need to set our eyes on November to finish the job.  Thanks to all who voted yesterday!

County Government Opinion / Re: How's the Prosecuting Attorney Doing?
« on: August 03, 2010, 03:26:11 AM »
I need all of your help to make the positive changes you all have asked for.  Please make sure you vote tomorrow! 

County Government Opinion / Re: How's the Prosecuting Attorney Doing?
« on: July 31, 2010, 04:08:07 AM »
I am guessing there will be a lot of coffee drunk tomorrow morning, so I'll be paying for it.  I told Dave to make sure the toilets worked. 


County Government Opinion / Re: How's the Prosecuting Attorney Doing?
« on: July 31, 2010, 03:40:05 AM »
Here is the link to my Korean advertisement:
Special thanks to Dr. Anne Maurina for helping to translate this for me.  Please pass this along to anyone who may be interested.
Also, please come and meet me and have some coffee and ice cream on me tomorrow.  7-9 am at Westside Cafe in Waynesville, free cofee.  2-4 pm Tastebuds in Richland (corner of Hwy 7 and A), free ice-cream.

« on: July 16, 2010, 02:13:54 PM »
Directly behind First State Bank.  The City has already started clearing some of the brush and mowing the grass.

County Government Opinion / Re: How's the Prosecuting Attorney Doing?
« on: July 09, 2010, 03:21:32 AM »
I do not know all of the facts of the case you are talking about so it is tough for me to comment on it specifically.  However, I will say that I will agressively prosecute cases and incidents such as this will not be swept under the rug.  Sorry I can't be more specific but I just do not know of the incident you are talking about.

Crime has definately NOT dropped, the crimes are not being prosecuted......Remember when the Waynesville square was closed off due to the fact a person sent a lady a letter through the mail which included a white substance in it and she took it to the Sherriffs Dept and hazmat, local police, and local surrounding fire stations were called in to start evacuating the surrounding area (on the Saturday during frogfest). NOTHING was ever done about that felony offense, it was just brushed up under the rug, in fact the man that the Order of protection was taken out against actually broke the order over 10 times and still NOTHING was done. Genice, whom is the pulaski county legal advocate was told by Deborah Hooper NOT TO HAVE ANYTHING TO DO WITH THE VICTUM (which is an offense to be reported to the legal bar). So she had to move out of the state to protect herself........I think this atrocity speaks volumes. And to even try to get to her, the man that had the Order of protection against him even sent mail addressed from the post master (posing as the post master) and she contacted the post master and the post master didn't know anything about it......In any other state these actions above would be considered felony offences or at least brought up on charges.  Maybe it's just me but to pose as a federal official sounds criminal to me.  At least the postal service has opened up two federal investigations so maybe something will be done to stop these types of criminal actions.
****And yes Mr Kevin Hillman, I would love to hear some of your positions in cases like this.

County Government Opinion / Re: How's the Prosecuting Attorney Doing?
« on: July 08, 2010, 09:05:13 PM »
You are right, you have the benefit of knowing who I am and I do not know who you are.  Feel free to call me, e-mail me, personal message me, or stop by St. Robert City Hall if you would like to discuss any of my positions.  I realize that as a candidate it is a risk to come on a forum like this and I can be attacked, but I think it is important for people to know who they are voting for and this is one way for them to find out.

County Government Opinion / Re: How's the Prosecuting Attorney Doing?
« on: July 08, 2010, 07:28:27 PM »
Let me respond to your post.  I posted these numbers because they had been requested and I was able to get the numbers from the Circuit Clerk's office.  I have never stated that I am running on the number of cases I will file.  I think I have stated why I am running a number of times on this site, or I would encourage you to check my website for more info on me.  I am running because I think I am the best person to bring positive changes to the prosecutor's office and run it in a professional manner. 

If you think the current prosecutor is doing a good job and the office is running good, then by all means vote for her.  I would challenge you to speak with the law enforcement officer who work with her while they are off duty and get their opinion.  I would also encourage you to speak with the other people in the courthouse to see what they think.  If they tell you she is doing great, then go with it.

Finally, I will disagree with you that they are meaningless statistics.  I think the conviction rate can be meaningless because a prosecutor could file on only cases they know for sure they are going to win.  Thus, they will have a 100% conviction rate and 10 cases filed in a year.  Do you count plea bargins as a conviction? What about an acquital on the most serious charge and a conviction on something less?  Does that count?  Those can be easily manipulated.  These numbers are the raw numbers and meaningful because either the crime rate dropped by around 40% from 2006 to 2007 or there are not as many crimes being prosecuted in this county.   

These are meaningless statistics.  What does the number of cases filed have to do with anything??  The percentage of convictions would be more meaningful.  I have never heard a candidate campaign on the number of cases he/she intends to file.  Is that what you are running on??

County Government Opinion / Re: How's the Prosecuting Attorney Doing?
« on: July 08, 2010, 03:18:20 AM »
Here are the numbers of criminal cases filed that was requested.  The source for these numbers is the Circuit Clerk's office.  Draw your own conclusions.
Year     Cases Filed          Prosecutor
2000     2458                  Headrick
2001     2070                  Headrick
2002     1823                  Headrick
2003     1496                  Kriebs
2004     1516                  Kriebs
2005     1522                  Kriebs
2006     1709                  Kriebs
2007      977                   Hooper
2008     1022                  Hooper
2009     1022                  Hooper

« on: June 28, 2010, 02:36:11 PM »
What building is owned by walmart other than walmart? How is it burglery, If it was walmart? Were they closed ? I missed something

It is the outdoor center at Wal-Mart I believe.  He was banned from the property because of prior thefts.  Thus, he was trespassing with the intent to commit a crime, theft.  That makes it a burglary.  The banning of repeat offenders helps the St. Robert Police crack down on the theft from Wal-Mart.

« on: June 23, 2010, 04:38:02 AM »
No, that would be the area for the hiking trails and disc golf.  We looked at another area for a driving range but the owner did not want to sell and wanted too much for a lease.  That is another reason we went with a par 3 course.

« on: June 23, 2010, 04:26:52 AM »
Hopefully I can answer some of the questions asked.  On the golf course, yes it will fit.  We had the golf course designer lay it out with the future road and buildings already added.  We will put the design out in the city building if you want to see it, or I'll see if I can upload it here tomorrow.  We chose a Par 3 course because there is not one in this area.  These courses are great for beginners because they are short and easy to play.  Also great for kids and seniors.  If you have never played, this is the place to start.  We have already been talking about what types of clinics and camps we can do up there next year.
We had to obligate the money fairly quickly because we have a time limit on the bonds we issued as a result of the park tax for the pool.  We have been adding improvements below our estimated costs so we have been able to do more than we thought originally.
The baseball fields and soccer fields would not have worked without tearing out all of the trees and lots of earthwork.  It was just not something that was cost productive.  We are looking at adding fields in other areas.
The fishing pond will be free, but you will have to have a Missouri fishing license.  It will be stocked with catfish, bluegill, and bass.  We are adding fish structures to allow them to grow big.  It should be a nice addition.
We are also considering a disc golf course and hiking trails in the Plattner Park addition.  Is there anything else folks want to see. (Please be serious and think of the cost).  I'll take the suggestions to the park committee. 

County Government Opinion / Re: How's the Prosecuting Attorney Doing?
« on: June 14, 2010, 01:24:42 PM »
I'll have to resign as city attorney for St. Robert and municipal judge for Waynesville.

Mr. Hillman Sir.
I have a question if you don't mind.
Of all the Jobs that you are doing now, how many will you have to give up if You win your bid for the Pulaski county Prosecutor?

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