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Missouri Attorney General releases more details on inmate’s death

Missouri Attorney General Josh Hawley briefs reporters about the Hutcheson case in Jefferson City on May 10, 2017. Photo courtesy Missourinet.
Missouri Attorney General Josh Hawley briefs reporters about the Hutcheson case in Jefferson City on May 10, 2017. Photo courtesy Missourinet.

(Missourinet) – Missouri Attorney General Josh Hawley (R) has provided more details about the death of a man in a southeast Missouri jail, as he and the Missouri State Highway Patrol continue to investigate the incident.

Hawley met with Highway Patrol officials in the Bootheel town of Charleston on Thursday to assess the evidence gathered so far about the death of 28-year-old Tory Sanders, who died after an altercation with staff Friday evening in the Mississippi County Jail.

After Thursday’s trip, Hawley headed back to Jefferson City, where he held a news conference at the Attorney General’s office for a second straight day.

Hawley describes it as an “active and open criminal investigation.”

Mississippi County Sheriff Cory Hutcheson, who is already facing numerous criminal charges, has now been ousted from his office, a move Hawley described to reporters in Jefferson City on Thursday afternoon as an “extraordinary step.”

Hutcheson was already under investigation by the Missouri Attorney General’s office. On April 5, he was charged with 18 criminal counts, some of them felonies. They included forgery, illegal surveillance, robbery and assault.

Hawley said he attempted to prevent Hutcheson from engaging in law enforcement activity as a condition of his bond, but was blocked from doing this by the court in charge of the case.

On Tuesday, a judge approved Attorney General Hawley’s request to suspend Hutcheson’s office through a process known as quo warranto. Now Hutcheson will have to justify to a court why he can continue to hold the position of Sheriff.

Hutcheson’s law enforcement license was already revoked by the Missouri Department of Public Safety, but so far it is unclear how he was able to stay involved in jail operations.

Hawley briefed reporters on Thursday about what his office and the Highway Patrol’s investigation have discovered about the case so far, providing details of Tory Sanders’ arrest, jailing and death.

According to Hawley, Sanders drove out of Nashville, heading north toward Missouri, on Thursday, May 4. He ran out of gas near Marston, Missouri, and hitchhiked to Sikeston, where he went to a Walmart to receive a money wire transfer from his brother.

By Thursday night, Sanders made it to Charleston, 17 miles east of Sikeston. At a gas station he approached police officers, though the nature and time of the exchange are still unclear to investigators.

At around 11 a.m. on Friday, Sanders once again approached officers at a Casey’s gas station in Charleston, telling officers he was in distress and wanted to see a counselor.

Sanders also told officers that he had a warrant out for his arrest in Nashville related to an “altercation” with the mother of his children. Upon learning this, Charleston Police took him to the Mississippi County jail, where they discovered the warrant was non-extraditable; Missouri Law enforcement were not asked to detain or send Sanders back to Tennessee.

According to Hawley, Sanders was placed in a holding cell, and received a visit from a mental health professional at around noon.

The professional concluded that Sanders did not need to be committed for mental health reasons and recommended he be released.

Hawley said at this point some details become unclear, but that jail officials said Sanders refused to leave his holding cell, becoming “increasingly agitated.”

Around this point the Deputy Sheriff allowed Sanders to call his mother from his cell phone.

At around 4 p.m. the mental health professional was asked to return to the jail, and this time recommended Sanders be held for 96 hours for mental health reasons.

It was around 6 p.m. that jail staff tried to move him to a different cell, leading to what Hawley called “a series of exchanges and altercations,” that lasted around 45 minutes. It was around this time that Charleston Police arrived to assist, using pepper spray in an attempt to subdue Sanders.

In addition to pepper spray, Hawley says jail staff used tasers on Sanders at least three times throughout the day.

It was around 7 p.m. that Sheriff Cory Hutcheson arrived and organized jail staff and Charleston Police to enter the cell and forcibly remove Sanders.

Ten minutes after Sheriff Hutcheson led the group into the cell, emergency medical help was called. Sanders was taken to a local hospital and pronounced dead shortly after.

Investigators are still awaiting toxicology test results.

Hawley says he has reached out to Sander’s family in Tennessee to offer them his condolences.

Senate passes omnibus crime legislation

Sen. Rob Schaaf (R-St. Joseph). Photo courtesy Missourinet.
Sen. Rob Schaaf (R-St. Joseph). Photo courtesy Missourinet.

(Missourinet) – Legislation which started off as a measure targeting crimes by immigrants has passed the state Senate as an omnibus bill and will head back to the House.

The initial bill creates the offense of “illegal reentry” for anyone who returns to Missouri after being deported, and subsequently commits an assault or felony. The crime carries a penalty of up to seven years in prison.

The most explosive component of the omnibus bill centers is a measure which ignited conflict between Governor Greitens and several state Senators. It creates a public notification system similar to Amber Alerts in cases where law enforcement officers are killed or injured.

Greitens indirectly had accused five state Senators of obstructing the legislation, which is known as the Blue Alert System. The governor’s non-profit political action committee released ads accusing Senators Doug Libla, Bob Dixon, Jason Holsman, Gary Romine and Ryan Silvey of blocking the bill.

The non-profit, known as “A New Missouri,” had previously created digital advertising against Senator Rob Schaaf, who had filibustered the chamber over managed care expansion while the Blue Alert measure was scheduled to be heard.

When the omnibus bill emerged from a conference committee back onto the Senate floor Thursday, Schaaf created a spectacle, declaring he was voting for it, while making multiple statements that he supported Blue Alerts.

While engaged in a floor exchange with Senator Jamilah Nasheed, Schafff said, “And I want everybody to know that I support Blue Alert.  Is everybody listening? I support Blue Alert. Here it is right here. I’m supporting it. Thank you Senator. And the media up there. I’m supporting Blue Alert.”

Greitens was roundly criticized for the ads his non-profit placed against Schaaf, which included the Senator’s phone number.

Greitens non-profit, because of its status as such, is not required to disclose contributions. The funds they receive in which the source is not identified are referred to as “dark money.” Greitens non-profit has taken in roughly $6 million in dark money since he began his primary campaign for governor last year.

All but one of the Senators targeted in the ads from the non-profit are Republicans, as is the governor himself. Jason Holsman is the lone Democrat in the group.

The omnibus legislation includes a total of 20 crime related bills. It passed 32-0. Only the “illegal re-entry” measure received scrutiny in addition to the Blue Alert component. Jill Schupp, D-Creve Coeur, expressed concern it injected the state into law enforcement issues normally under the purview of the federal government.

The omnibus package will have to be OK’d by the House before being sent to Governor Greitens.

Missouri Legislature passes REAL ID bill

State Rep. Charlie Davis, R-Webb City. Photo courtesy Missourinet.
State Rep. Charlie Davis, R-Webb City. Photo courtesy Missourinet.

(Missourinet) – The legislature has adopted a bill that would put the state in compliance with stricter federal identification requirements so that Missourians don’t have air travel problems starting next year.

Rep. Charlie Davis, R-Webb City, supports the measure that would let residents choose whether they want a so-called REAL ID for access to planes, military bases and federal facilities.

“I grew up in Texas and we use to play chicken all the time with another car,” Davis said. “But, only we got hurt. If we play chicken with the federal government and they don’t balk, then who hurts from us not doing anything? So this isn’t a game of chicken where we’re going to play against the federal government and you and I are going to get hurt. About six million Missourians could be affected.”

Davis said he’s received 327 emails from his constituents about the issue, compared to 12 emails about a tax credit for low-income renters.

Rep. Rick Brattin. Photo courtesy Missourinet.
Rep. Rick Brattin. Photo courtesy Missourinet.

A small coalition of legislators, primarily Republicans, are concerned about privacy issues. The bill would ban Social Security numbers from being stored in databases that can be accessed by state or federal governments. It would also add criminal penalties for misuse of driver’s information or unlawful distribution of data.

Rep. Rick Brattin, R-Harrisonville, said the federal government is mandating states to comply.

“This was a voluntary system. That was a selling pitch. This is a completely voluntary system and now here we are being coerced into adopting this,” Brattin said.

The proposal is headed to the governor.

Mississippi County sheriff ousted

Missouri Attorney General Josh Hawley briefs reporters about the Hutcheson case in Jefferson City on May 10, 2017. Photo courtesy Missourinet.
Missouri Attorney General Josh Hawley briefs reporters about the Hutcheson case in Jefferson City on May 10, 2017. Photo courtesy Missourinet.

(Missourinet) – According to the state Attorney General, the sheriff in southeast Missouri’s Mississippi County has been ousted after Friday night’s inmate death at the county jail in Charleston.

Missouri Attorney General Josh Hawley’s office filed 18 felony counts earlier this year against Mississippi County Sheriff Cory Hutcheson. Hawley said an inmate died Friday night at the county jail in Charleston, after an altercation that the AG said Hutcheson was directly involved in.

Hawley held a Wednesday news conference in Jefferson City, saying that Sheriff Hutcheson has been ousted by the court.

“We have sought a quo warranto it’s called, and the judge granted that on a preliminary basis last (Tuesday) night,” Hawley said. “And so he (Hutcheson) is currently ousted. Now he will formally have a chance to make his case and try to get reinstated.”

Hawley said inmate Tory Sanders died Friday evening, adding that the death happened after Hutcheson’s license as sheriff had already been suspended.

Hawley said Sanders is black and Hutcheson is white, and that the Justice Department and FBI have been alerted.

AG Hawley did not have details on Wednesday about what Sanders had been arrested for on Friday morning.

Hawley will travel to Charleston Thursday morning to get briefed and plans a 4 p.m. news conference in Jefferson City, when he returns.

During Wednesday’s news conference at the Missouri Attorney General’s office, Hawley addressed Sanders’ family in Tennessee.

“I am deeply sorry for your loss, and I pledge to you that my office will bring the full force of the law to bear to see that justice is done in this case,” Hawley said.

There were about a dozen reporters in the room for that news conference, and several southeast Missouri reporters asked Hawley questions on the phone.

A “quo warranto” essentially challenges someone’s right to hold an office.

Hawley tells Missourinet a quo warranto is an “extraordinary motion,” adding that he believes it’s been nearly two decades since the Missouri Attorney General’s office brought a quo warranto motion against a law enforcement official.

Hawley said Sanders was involved in two altercations with Mississippi County jail personnel on Friday evening, and that Hutcheson directed the second altercation.

In early April, the Attorney General’s office filed criminal charges against Sheriff Hutcheson in two cases. Those charges include assault, robbery, forgery and tampering.

Hawley said it’s unclear what Hutcheson was doing at the jail Friday night.

Missouri legislator filibusters controversial minimum wage bill

Senate Democrat Jamilah Nasheed of St. Louis. Photo courtesy Missourinet.
Senate Democrat Jamilah Nasheed of St. Louis. Photo courtesy Missourinet.

(Missourinet) – A two hour filibuster was launched Wednesday night in the state Senate about a bill that would prevent Missouri cities from having a minimum wage that is higher than the state’s minimum wage.

Sen. Jamilah Nasheed, D-St. Louis, led last night’s stalling.

“I’m going to go on and on and on so that I can instill in each and every one of you how important it is for you to back up off St. Louis when it comes to minimum wage. Individuals cannot survive on 7.65,” Nasheed said. “The economic engines are the two cities that you all are trying to attack tonight. How dare you. How dare you!”

Last week, St. Louis City’s minimum wage increased to $10 per hour. The rate is set to jump to $11 an hour in January.

In March, the Kansas City Council voted in favor of increasing the local minimum wage to $13 an hour by 2023.

Missouri’s current minimum wage is $7.70 an hour.

“I say if the success of your business is dependent upon paying your employees a slave wage, barely enough to survive off, then it’s not a business we need here in the state of Missouri,” Nasheed said.

Supporters of the bill said inconsistent minimum wage ordinances could hurt businesses. They said it could drive businesses and jobs out of the state.

The Senate did not vote on the measure. The House passed the proposal in March. The legislature’s regular session ends on Friday.

Missouri Senate gives approval to create transportation task force

Missouri Senate. Photo courtesy Missourinet.
Missouri Senate. Photo courtesy Missourinet.

(Missourinet) – The Missouri legislature has passed a resolution which establishes a panel to explore ways to improve the state’s roads and highways.

When the Senate followed previous House action and unanimously approved the measure Wednesday, the “21st Century Missouri Transportation System Task Force” was created.

The group will evaluate the state’s roads and bridges as well as transportation funding and whether there’s enough money to maintain the system.  It will then make recommendations to address the needs and funding of roads.

The Missouri Department of Transportation (MoDOT) has identified $825 million in additional money needed every year to address roads in its “Citizen’s Guide to Transportation Funding.” Broken down, the expenses include $170 million to maintain roads, $275 million in economic development and safety projects, $300 million to reconstruct interstate highways, and $80 million to improve mobility options.

The task force will be charged with figuring out how much money the state can raise for roads and determining how that funding will be acquired.

During what turned into a lengthy floor debate Wednesday, senators from both sides of the aisle agreed the need to address decaying transportation infrastructure is long overdue. There was less consensus on how to finance the cost.

Republican Senator Doug Libla of Poplar Bluff has been a longtime advocate for improving roads. He contends the best way to raise money is by increasing the stagnant motor fuel tax.

“Right therein lies the problem that we have,” Libla said. “1996 was the last time we adjusted the rate.”

Fellow GOP member Bill Eigel of Weldon Spring said he would rather not raise any taxes, but instead use money from existing revenue.

“I think people are frustrated with government because every time we see a problem, we ask for more money” Eigel said.  “And the only way we solve a lot of our problems is that we ask for more money regardless of the justification. And in this case we would be asking for more money in the form of a fuel tax.”

Eigel offered a proposal this year to authorize 10% of state sales and use taxes to be used for road improvements. The measure never gained traction.

The task force will include a bipartisan group of 10 lawmakers along with the governor or his designee, the heads of the State Highway Patrol, Department of Economic Development and Department of Transportation, and nine residents of the state.

The group will meet numerous times and hold public hearings. It will report a summary of its activities and any recommendations for legislation to the General Assembly by January 1 of next year.

The task force resolution will not have to have Governor Greitens’ signature because it was created with the legislature’s approval.  Wednesday’s vote in the Senate was 33-0.

Legislator threatens to halt Senate business if proposed buyout is not addressed

Senator Maria Chappelle-Nadal (photo courtesy Missourinet)
Senator Maria Chappelle-Nadal (photo courtesy Missourinet)

(Missourinet) – State Sen. Maria Chappelle-Nadal (D-University City) says she’s prepared to bring the state Senate to a grinding halt.

She says she wants the House to pass her proposed buyout program for those living near a St. Louis area nuclear waste site. In this final week of the legislature’s regular session, a House committee and the full House have not considered the measure. The measure has passed in the Senate.

“We need state action and we need it now. There is no time for games,” Chappelle-Nadal said. “I have nothing to lose.”

The Senate has been plagued with turmoil in recent weeks because of Republicans bickering with one another. The fighting has led to several delays in the chamber’s business, putting the fate of several critical issues this session in jeopardy.

“For today and this week, we need to focus on the families that are in Bridgeton,” Chappelle-Nadal said.

Chappelle-Nadal and state Rep. Mark Matthiesen (R-Maryland Heights) have proposed to use $12.5 million in state funding to pay fair market value for 91 homes near the waste site. During budget discussions, lawmakers changed that figure to $1 million.

For years, residents who live near the landfill have complained about the health risks of the World War Two-era nuclear weapons waste and underground fire fumes from a nearby landfill. The U.S. Environmental Protection Agency, which oversees the radioactive material in the landfill, insists that the contamination does not pose a public health threat.

Area residents have reported a laundry list of healthcare battles. State Rep. Justin Hill (R-Lake St. Louis) said he wants people to make some noise so the federal government will pay attention.

“We have families in my district who have grown up in the Coldwater Creek watershed, including my wife’s own family,” Hill said. “This has personally affected my family. One hundred percent of my wife’s family has either cancer or auto-immune diseases.”

Four additional homes tested positive this week for radioactive materials near the site.

Missouri Senate passes REAL ID bill

Sen. Ryan Silvey (R-Kansas City). Photo courtesy Missourinet.
Sen. Ryan Silvey (R-Kansas City). Photo courtesy Missourinet.

(Missourinet) – The state Senate has passed a bill that would put Missouri in compliance with stricter federal identification standards so that Missourians can still board planes next year.

The measure heads back to the House with changes.

Sen. Ryan Silvey (R-Kansas City), who is carrying the House proposal, has changed it to say that residents could choose whether they want a so-called REAL ID for access to planes, military bases and federal facilities.

“Clearly I don’t think the votes exist to force everyone into the REAL ID system, which is why I have come up with the option and followed the path of several other states in saying those who want it can get it but those who don’t want it don’t have to have it,” Silvey said.

Missouri is one of four states not compliant with the federal REAL ID law. The others are Maine, Montana, and Minnesota.

Opponents of the measure have privacy concerns. The bill would ban Social Security numbers from being stored in databases that can be accessed by state or federal governments.

An amendment submitted by Senator Will Kraus (R-Lee’s Summit) stipulating that information will not be stored on a system connected to the internet, or on a network that connects to the internet, was adopted.

Another amendment offered by Kraus that was adopted prohibits the state from charging a duplication fee to people who choose to replace a non-compliant identification with a REAL ID compliant identification.

The legislation says the state would not be required to offer a compliant identification to those who are issued a free ID to vote under a photo ID law passed by the legislature last year.  An amendment to do away with this language from Senator Jamilah Nasheed (D-St, Louis) was rejected.

Sen. Bill Eigel (R-Weldon Spring) said the law is a form of coercion by the federal government.

“The idea of a choice is false when one of the choices that are supposedly offered comes with a penalty,” Eigel said. “The penalty in this case being the threat of denying the boarding of lawful citizens to enter onto an airplane.”

The legislature’s 2017 regular session must end by 6 p.m. on Friday. GOP Governor Eric Greitens has not ruled out calling a special session, if lawmakers don’t pass the REAL ID legislation by Friday’s deadline. Otherwise, Missourians would have to show a passport to get on commercial planes, starting in January.

Missouri professional sports teams leery of gun bill in legislature

Missouri State Capitol Ceiling. Photo courtesy Missourinet
Missouri State Capitol Ceiling. Photo courtesy Missourinet

(Missourinet) – A proposal that would lift restrictions on carrying guns in many public places has been approved by the Missouri House Rules Committee, but some professional sports organizations worry it could mean lawsuits over guns at games.

Missouri law currently bans carrying guns in many locations. These include bars, casinos, churches, universities, and stadiums that can hold 5,000 or more people. A bill introduced by Rep. Jared Taylor (R-Nixa) would eliminate restrictions in these and many other locations.

Major League Baseball and the National Football League ban guns and other weapons at their events, but if games are played at publicly-owned stadiums, professional sports teams in Missouri worry it could mean unclear legal territory.

Both the St. Louis Cardinals and Kansas City Chiefs testified against the bill in April. A Cardinals representative would later cite potential issues with safety certification from the Department of Homeland Security, an ongoing process for stadiums across the country.

Another concern raised at the bill’s oversight hearing was legal ambiguity in the case of publicly-owned stadiums, but it is unlikely privately run stadiums would encounter this issue.

Criminal defense attorney Jennifer Bukowsky, who represented Rep. Cheri Toalson (R-Hallsville) in a recent dispute where Toalson brought a gun into a Columbia library, said private companies leasing public property can ban guns from their premises. That’s the case in Kansas City, where Jackson County owns the Truman Sports Complex, where both the Chiefs and Royals’ stadiums are located.

“I am under the impression that the stadium is owned by the government but it’s a contract with a private owner,” Bukowsky said. “They can decide the terms and conditions of the contract.”

Mike White, legal counsel for the complex’s authority, said the Royals and Chiefs have absolute custody of control and access to the stadiums during games. Even if Rep. Taylor’s bill becomes law, the two teams can still prohibit guns at their games.

The same would likely be the case at Busch Stadium in St. Louis, but a Cardinals spokesperson said the organization is still worried about potential lawsuits if state gun statutes are changed, saying current restrictions give them another layer of protection from liability.

Rep. Taylor said he is not against amending the bill to address the concerns of teams in St. Louis and Kansas City, but still believes state has too much of a say in the places people can carry guns.

The bill is currently scheduled for perfection in the Missouri House, but with battles over the budget, lobbyist gift restrictions, and REAL ID in the Senate, it is not likely it will go much further this legislative session.

Workplace discrimination bill heads to Missouri governor’s desk

The Missouri State Capitol (photo courtesy Missourinet)
The Missouri State Capitol (photo courtesy Missourinet)

(Missourinet) – Proposed changes to the state’s employment discrimination laws have been passed by the Missouri legislature.

The measure would make it tougher for employees to win wrongful termination lawsuits because it would require workers to prove that race, religion, sex or other protected status was a motivating factor for discrimination or being fired.

Rep. Jay Barnes (R-Jefferson City), who opposes the bill, said it would end protections for victims of harassment.

“What would the body want to happen if this conduct happened to their wife,” asks Barnes, “Could you look your 17-year-old daughter in the eye and say, ‘I just voted for a bill that would allow your supervisor to make disgusting sexual comments to you without any liability?’”

Those siding with Barnes also say the proposal is discriminatory and would gut whistleblower protections currently in place.

Under the legislation, it would also stop workers from suing their colleagues and limit damages that could be awarded in such lawsuits.

Supporters of the bill, including Rep. Dean Plocher (R-St. Louis), disagree with Barnes’s argument.

“It’s been alleged that we somehow want individuals to get off and individuals to do these horrible acts, seventeen-year-olds getting hurt,” Plocher said. “This bill, though, is not about letting individuals off. This bill is all about calling out what has been happening.”

Plocher said at least 90% of individuals that are pled out in such cases are later dismissed.

“To say that individuals are held accountable under the standard that we have now is disingenuous,” Plocher said. “Individuals are not held accountable by what we have.”

Supporters of the measure also say it would be a business friendly move by reducing the excessive number of such frivolous lawsuits.

Barnes said the measure would hurt businesses, not help them.

“We will have moved from the most protective state in the nation on civil rights to one of the least,” Barnes said.

The legislation heads to Governor Eric Greitens (R), who is expected to sign it.

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