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Prosecuting Attorney: two life terms appropriate for this 16-year-old, under these circumstances

Dwight Scroggins in landscape
Dwight Scroggins

Prosecuting Attorney Dwight Scroggins says back-to-back life prison terms is an appropriate sentence for a 16-year-old convicted of murder, given the circumstances of the case.

Joseph Johnson was sentenced Wednesday after pleading guilty to two counts of Murder in the Second Degree. He was 16 when he killed his grandparents, Beverly and james Johnson, in their home on Hurlingen Road southeast of St Joseph last July.

In an interview, Prosecutor Scroggins said the victims gave the defendant every benefit they could, taking them into their home when he was just six years old and later adopting him as their own son.

“…and in the end the response from him for all of that was he shot both of them in the head and killed them as they were sitting in their living room watching television,” Scroggins said.

“So, if the question is in this instance do I think a life sentence is appropriate for the court to consider, even in a 16-year-old’s case, the answer would be yes, I do under these circumstances.”

Under state law, second-degree murder carries a mandatory sentence, that is 85% of the sentence ordered by the judge. For the purpose of life sentences, the state calculates 85% or 30 years, or 25.5 years. Judge Patrick Robb ordered the two sentences to be served consecutively. Scroggins says given the life expectancy of prison inmates, Johnson will likely serve the rest of his life behind bars. He will not be eligible for parole for 51 years.

Joseph  Johnson
Joseph Johnson

“Twenty five and a half years on each count, prior to becoming eligible for parole consideration that would involve him being released,” Scroggins said. “That doesn’t mean he gets parole at 51 years, but he becomes eligible to be considered for release after 51 years.”

Scroggins tells us the Parole Board often grants parole on the first count of multiple consecutive sentences at the first opportunity, in this case after 25 years and six months. The convict does not begin serving the second sentence until parole is granted on the first.

Scroggins says that’s more for “bookkeeping purposes” than anything else. But he said staunch opposition at the parole hearing could prompt the Parole Board to reject such a move. In any event, Johnson will not be considered for released until he’s eligible for parole on the second consecutive sentence.

At age 16, Johnson is clearly at risk of abuse from older convicts within the Missouri Department of Corrections. During the early years of his incarceration, the DOC places younger inmates in separate areas of state prisons, among other inmates of similar age. But eventually, Johnson will be moved to the general population.

5 charged after man tied up and robbed in Andrew County

court

(Update 6 p.m.) – Four people are in custody and a fifth defendant is being sought after an elderly man was allegedly tied up in his own home in Andrew County and robbed at gun point Tuesday afternoon.

Tiffany Cruz, 35, Bradley Henley, 28, Jason Laughlin, 36 all of St. Joseph and Eileen Schussler, 20 of Wathena are all charged with more than half a dozen felonies in Andrew County including felonies for first-degree robbery, armed criminal action, first-degree burglary, felonious restraint and unlawful use of a weapon.

According to court documents, shortly after noon the Andrew County Sheriff’s Department responded to a residential alarm in the 14400 block of County Road 417.  Investigator Grant Gillett with the department said a 911 call advised that a resident had just been robbed at gun point and was tied up.

“He advised that two females first came to his house and requested to use his phone, they advised him that their vehicle broke down while mushroom hunting,” Gillet said. “Once they got the phone they advised Robert they could not get a cell phone signal and told him they were going to the road to get cell service.”

Then Gillett said the resident reportedly heard a knock on his back door and went to check to see if the women had brought his phone back.

“Once he made it to the door three males pushed their way into his house.  Robert advised all were wearing dark colored clothing with what he described as mask over their faces,” Gillett said. “Robert advised they all had firearms and once inside they pushed him to the ground and then tied him up with rope from inside the house.  Robert stated one of the males stood over him with a gun while the other two males stole stuff from his residence.”

Items reported stolen included prescription medication, tools, and firearms.

“Robert stated that once the males took off from the residence he was able to get himself up off the ground.  While trying to get untied a family friend showed up to see how he was doing and discovered he was tied up and what had happened,” Gillett said. “Robert did suffer injuries from being tied up and pushed to the ground.”

The suspect vehicle was allegedly found in the area of County Road 417 with one of the stolen firearms inside, a saw and several rounds of ammunition.

Two women were later arrested.

“The females who were arrested at the scene provided information to officers who the three male suspects were.  This information matches information found in the suspect vehicle that was left roadside,” Gillett said.

He said Henley and Laughlin were arrested around 5:20 p.m. near I-29 and State Route CC.

“Both suspects were covered in mud and soak as if they had been running for a long period of time,” Gillett said.

A fifth suspect has also been charged but as of 6 p.m. Wednesday authorities were still searching for his whereabouts. The four suspects in custody are currently being held in the Andrew County Jail without bond.   They are set to be arraigned in Andrew County Associate Court on Thursday April 28th at 9 am.

Flooding to continue; here’s your 7-day forecast

weather graphic 160427Brace yourself for the possibility of more severe weather on Wednesday, and continuing flooding issues is several areas.

Flood warnings will remain in effect for several rivers in our area until April 30. Urban areas and small streams in Buchanan County and the surrounding area have been posted until 11:00 a.m. Wednesday.

The National Weather Service issued a flood warning through Saturday for the 102 River at Rosendale and at Maryville, affecting areas of Nodaway, Andrew and Buchanan counties.

Here’s your 7-day forecast from the National Weather Service.

Today: A chance of showers and thunderstorms. Mostly cloudy, with a high near 70. South wind 10 to 13 mph. Chance of precipitation is 40%. New rainfall amounts between a quarter and half of an inch possible.

Tonight: A chance of showers and thunderstorms, mainly before 10pm. Mostly cloudy, with a low around 47. West southwest wind 7 to 10 mph. Chance of precipitation is 30%. New rainfall amounts of less than a tenth of an inch, except higher amounts possible in thunderstorms.

Thursday: Partly sunny, with a high near 65. West northwest wind 9 to 13 mph.

Thursday Night: Mostly cloudy, with a low around 46. North northeast wind 7 to 9 mph.

Friday: Mostly cloudy, with a high near 65. East wind 8 to 13 mph.

Friday Night: Showers likely. Cloudy, with a low around 53. Chance of precipitation is 70%. New precipitation amounts between a quarter and half of an inch possible.

Saturday: Showers likely. Cloudy, with a high near 66. Chance of precipitation is 70%.

Saturday Night: Showers likely. Mostly cloudy, with a low around 51. Chance of precipitation is 60%.

Sunday: A chance of showers. Mostly cloudy, with a high near 61. Chance of precipitation is 40%.

Sunday Night: Mostly cloudy, with a low around 46.

Monday: Partly sunny, with a high near 64.

Monday Night: Mostly cloudy, with a low around 48.

Tuesday: Mostly cloudy, with a high near 65.

Press conference regarding Dr. Dan Colgan’s retirement reimbursements to the state (VIDEO)

(CLICK TO ENLARGE)
(CLICK TO ENLARGE)

The St. Joseph School District has released a letter from the Public School Retirement System of Missouri regarding incorrect salary amounts reported to PSRS prior to Dr. Dan Colgan’s retirement.

“He had an opportunity to appeal that decision and chose not to do so,” said Dr. Robert Newhart, SJSD Superintendent. “We are to receive a follow-up letter from PSRS in regards to any further information or amounts. At this date we do not have that follow-up letter.”

The letter states that Dr. Colgan decided not to appeal the decision of the PSRS regarding incorrect salary amounts and the decision of PSRS that Dr. Colgan retired effective Jan. 1, 2006 instead of July 1, 2005.

It goes on to say that a correction of Dr. Colgan’s benefit amount and recovery of over-payments made to Dr .Colgan will begin this month.

Dr. Newhart said the total amount overpaid is estimated at more than $600,000 from PSRS but that he expected the St. Joseph School District to receive less than $20,000.

“That’s just due to our own calculations and math.  Based on the amount of dollars that we paid at the time of actual employment of years Mr. Colgan was employed,” Dr. Newhart said.

Newhart said PSRS has also asked for documents regarding other former employees of the district.

“Many different employees have been looked at,” Newhart said. “Former superintendents or associate superintendents.”

Buses and parent pick-up only for Savannah schools after lockdown

The Savannah R3 School District was placed on a partial lockdown this afternoon after a manhunt was reported to school officials.

Savannah Superintendent David Brax said around 2:50 p.m. that the Savannah Police Department has given the district the go ahead to dismiss school during the regular time. However, Brax said no kids are being allowed to walk home. Regular bus routes and parent pickup are being used to get kids home safely.

Also, all athletic practices at the high school and middle school are being held inside.

The school district received a phone call around 1:30 p.m. from the police department.

“I got a phone call from Chief Dave Vincent who called and told us what was happening and told us to keep the kids inside,” Brax said. “He said there was an armed robbery and suspects were on the loose and a manhunt was ongoing.”

The Savannah School District is calling parents to pick up children who normally walk home. Brax said at Minnie Cline Elementary that could be around 100 kids.

A message will also be sent out to parents via textcaster. Anyone with any concerns is asked to call their school directly.

Dan Colgan to pay back hundreds of thousands in retirement funds

Dr. Dan Colgan
Dr. Dan Colgan

Former St. Joseph School District Superintendent Dr. Dan Colgan will pay back hundreds of thousands of dollars he’s received during his retirement over the last ten years.

Board Member Kappy Hodges said the board learned Monday night that a settlement has been reached.  Colgan will have to pay back more than $600,000 after discrepancies.  Hodges said she anticipates an exact number being released during a press conference slated for this afternoon with Superintendent Dr. Robert Newhart.

“It’s not going to be that he’ll have to pay it all out at once, because that’s a lot of money and how would anyone do that? But there will be some adjustments in the pay,” Hodges said.

As we previously told you, Colgan’s income was reported as more than $586,000 during his last three years as superintendent. Colgan left in 2005. However, the total salary and insurance benefit as specified in his contract was $343,287. One issue was that an annuity and car allowances were incorrectly included in the income calculation.

The Missouri Public School & Education Employee Retirement Services of Missouri sent a letter to district officials in October.

Hodges said she sees the repayment as a step forward for the school district.

“Especially for the community because they’ve been waiting for accountability in some sort of a legal since for a long time,” Hodges said. “So since something has officially been done that has to do with money is going to be satisfying I think to the community.  I know it is for me.”

7-day forecast: severe weather risk!

weather graphic 160426Forecasters say a severe weather outbreak with powerful, long-track tornadoes and enormous hail is possible Tuesday in the Great Plains. The Storm Prediction Center in Norman, Oklahoma, says the most dangerous weather is predicted for an approximately 70,000-square-mile area stretching from southern Oklahoma to southern Nebraska.

In all, nearly 37 million people are at a slight risk or higher of seeing severe weather on Tuesday according to the Associate Press.

Here’s your 7-day forecast for our area:

Today: A chance of showers and thunderstorms, mainly after 5pm. Mostly cloudy, with a high near 77. Northeast wind 7 to 14 mph becoming south southeast in the afternoon. Winds could gust as high as 20 mph. Chance of precipitation is 30%. New rainfall amounts between a quarter and half of an inch possible.

Tonight: Showers and thunderstorms, mainly after 7pm. Low around 61. Southeast wind 10 to 13 mph. Chance of precipitation is 80%. New rainfall amounts between three quarters and one inch possible.

Wednesday: Showers and thunderstorms likely, mainly before 1pm. Mostly cloudy, with a high near 74. South wind 11 to 14 mph, with gusts as high as 20 mph. Chance of precipitation is 60%. New rainfall amounts between a quarter and half of an inch possible.

Wednesday Night: A chance of showers and thunderstorms before 1am. Mostly cloudy, with a low around 50. South southwest wind 5 to 10 mph becoming light southwest. Chance of precipitation is 30%. New rainfall amounts of less than a tenth of an inch, except higher amounts possible in thunderstorms.

Thursday: Partly sunny, with a high near 68. West wind 7 to 9 mph becoming north northwest in the afternoon.

Thursday Night: Mostly cloudy, with a low around 46.

Friday: A chance of showers and thunderstorms. Mostly cloudy, with a high near 65. Chance of precipitation is 30%.

Friday Night: Showers and thunderstorms likely. Cloudy, with a low around 54. Chance of precipitation is 70%.

Saturday: Showers and thunderstorms likely. Cloudy, with a high near 68. Chance of precipitation is 60%.

Saturday Night: A chance of showers and thunderstorms. Mostly cloudy, with a low around 51. Chance of precipitation is 50%.

Sunday: A chance of showers and thunderstorms. Mostly cloudy, with a high near 63. Chance of precipitation is 40%.

Sunday Night: A chance of showers and thunderstorms. Mostly cloudy, with a low around 48. Chance of precipitation is 30%.

Monday: Mostly cloudy, with a high near 63.

Six people indicted in meth conspiracy with ties to St. Joseph

wpid-buchanan-county-drug-strike-force1.jpgSix people have been indicted by a federal grand jury for roles in a conspiracy to distribute large amounts of methamphetamine after authorities made an arrest in St. Joseph.

Michael Ryan Nevatt, 26, Kara Rene Baze, 23, and Scott Bryan Sands, 51, all of Springfield, Mo., Kenneth Bryant Lake, 55, of Strafford, Mo., Jerry Lee Brown, 43, of Lebanon, Mo., and Travis Lee Bethel, 45, of Urbana, Mo., were charged in an indictment returned under seal by a federal grand jury in Kansas City, Mo., on Thursday, April 21, 2016. That indictment was unsealed and made public Monday upon the arrests and initial court appearances of Sands and Bethel. The indictment replaces a federal criminal complaint that was filed against Nevatt, who is already in federal custody, on March 30, 2016.

The federal indictment alleges that Nevatt, Baze, Sands, Lake, Brown and Bethel participated in a conspiracy to distribute methamphetamine from Jan. 1, 2013, to April 21, 2016.

According to the affidavit filed in support of the original criminal complaint, a cooperating defendant was arrested by Buchanan County, Mo., sheriff’s deputies in St. Joseph, Mo., on July 20, 2015. The cooperating defendant, who was in possession of approximately 500 grams of methamphetamine and $5,000, allegedly identified Nevatt as his source. The cooperating defendant also told investigators that s/he accompanied Nevatt to Dallas, Texas, on multiple occasions to obtain multiple-pound quantities of methamphetamine, which was then transported back to Missouri for distribution.

According to the affidavit, Nevatt was the middle man between Mexican methamphetamine suppliers and southern Missouri distributors Lake and Brown. A second confidential informant told investigators that s/he had traveled to Dallas, Texas, with Nevatt to pick up pound levels of methamphetamine approximately 20 to 30 times between October 2014 and July 2015. The methamphetamine allegedly was transported back to Springfield for distribution.

According to the affidavit, Lake told investigators that he was the “safe house” and received a percentage for keeping the money safe until he delivered it to Nevatt at a Springfield hotel. Nevatt would then deliver the money to the Mexican suppliers.

Springfield investigators conducted a traffic stop on Nevatt’s motorcycle on July 29, 2015. During an inventory of the motorcycle saddle bags, the affidavit says, officers recovered approximately $66,000. This allegedly was money Nevatt owed to the Mexican suppliers.

On Aug. 28, 2015, officers executed a search warrant at Nevatt’s hotel room in Springfield and recovered methamphetamine and more than $100,000. Baze and Lake were in the hotel room at the time of the search. When Nevatt arrived at the hotel, officers approached him and he fled in his vehicle but was taken into custody.

On March 29, 2016, Nevatt was arrested following a traffic stop conducted by the Missouri State Highway Patrol in Webster County, Mo. Troopers seized approximately $39,000 that had been rolled up and wrapped in rubber bands in a plastic shopping bag. A dog alerted on the bag for the odor of controlled substances.

The indictment also contains a forfeiture allegation, which would require the defendants to forfeit to the government any property derived from the proceeds of the alleged offense, including a money judgment of $530,000. According to the indictment, this represents the amount received in exchange for the unlawful distribution of methamphetamine based on a conservative average street price of $1,000 per ounce and the total conspiracy distribution of at least 15 kilograms of methamphetamine.

Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.

This case is being prosecuted by Assistant U.S. Attorney Bruce Rhoades. It was investigated by the Buchanan County Drug Strike Force, the Buchanan County, Mo., Sheriff’s Department, the Springfield, Mo., Police Department, the Lake Area Narcotics Enforcement Group, the U.S. Postal Inspection Service and the Drug Enforcement Administration.

Chillicothe man charged with “making a terrorist threat”

Wayne Edward Howe
Wayne Edward Howe

A man has been charged after police investigated threats made towards Chillicothe government offices and officials.

50-year-old Wayne Howe Jr. of Chillicothe has been charged in Livingston County with felonies for first-degree attempted assault and making a terrorist threat.

On April 19, the Chillicothe Police Department said officers began an investigation of terrorist threats toward the Chillicothe Police Department, City of Chillicothe government and officials, the Livingston County Sheriff’s Office, and the Livingston County Courthouse.

As a result of this investigation, the Chillicothe Police Department served a Livingston County search warrant in the 300 block of Park Lane in Chillicothe. Multiple firearms were seized and Howe was arrested.

Howe is currently being held in the Livingston County Jail on $20,000 bail.  An arraignment was set for this afternoon.

Update: Man extricated after rollover crash on Pickett

Photo by Nadia Thacker
Photo by Nadia Thacker

11:20 a.m. update – A man was taken to the hospital with minor injuries after a crash shutdown a portion of Pickett Road Monday morning.

Officer Jordan Lowe with the St. Joseph Police Department said a vehicle was going eastbound on Pickett in the 3600 block just before 8:30 a.m. when it swerved to the right and went sideways into a ravine.

Lowe said the St. Joseph Fire Department had to extricate the 50-year-old man driving the vehicle. Lowe said the man was not a St. Joseph resident.

The driver was transported to Mosaic Life Care with what police described as minor injuries.

Pickett was shutdown in that area from around 8:30 a.m. to 10 a.m.

>>>>>>>>>>>>>>>>>>>>>>>>

(8:30 a.m. ) Extrication efforts were underway Monday morning after a rollover crash in the 3600 block of Pickett Road in St. Joseph.

Rescue crews, paramedics and police were dispatched to an area in a ravine west of The Belt Highway on Pickett at about 8:30 a.m.

The first arriving crews found one vehicle on its side.

Traffic was being diverted west of The Belt and west of 36th Street on Pickett Road. The roadway was reopened around 10 a.m.

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