2008 Woodie Awards
Councilman indicted for drunk driving
Jessie Gasch
Issue date: 4/7/05 Section: News
The Adair County grand jury indicted City Councilman Richard Scott on March 30 on a charge of driving while intoxicated.
Scott, who was stopped by police for alleged erratic driving Jan. 21 but not arrested will face an arraignment April 27.
"I was disappointed, but I wasn't surprised," Scott said. "There's supposed to be a presumption of innocence anytime you have a situation like this. After two months after intensive media pressure, how are you going to get a fair and impartial trial? I've never even seen any of the alleged evidence that the media has had at their disposal over the last two months. Nobody appeared on my behalf."
Scott said he had many questions to which he had not found answers.
"How many indictments did the judge sign that day, and why was mine the only one released to the media?" he said. "Why is the prosecutor using a grand jury, which is normally reserved for felonies, for a class-B misdemeanor? Why would there be a member of the grand jury that would vote for an indictment that potentially could profit from the indictment ... if they had a business that could benefit from a potential sentence downstream?"
Scott said despite the circumstances, he was confident in his case.
"I can tell you this: I'm going to pursue this to its successful conclusion," he said.
Mark Williams, Adair County prosecuting attorney, presented the case to the grand jury.
"This was an unfortunate situation in that the officers made whatever decision they made at the scene, and then that report somehow was released to the public," Williams said. "And then when it was given to my office, I wasn't just going to throw it away. My job is to look at it. If there's a case, I have to do it. It's my job."
Williams said he handles DWI cases frequently, but this type of case is a first for him.
"It's the first time I can think of ... that I have been notified or given information that somebody was under the suspicion of driving while intoxicated and then let go from the scene," he said.
He chose to submit the case to the grand jury to gather other opinions, Williams said.
"There are cases where I want the opinion of 12 people," he said. "I know my opinion and my view of the evidence, but it is a very valuable tool to have these 12 laypeople. I have been trained as an attorney, so I have blinders. And sometimes it's very helpful to get the real-world opinions of the jurors."
He said he submits cases to the grand jury for many reasons.
"I'll be very straightforward: There are some cases that have other underpinnings," he said. "Political underpinnings, things that have been broadcast throughout the county. ... You can't avoid all the things that have been happening in the last few months ... and I just wanted to make sure that I did this as fair as I could do it."
Williams said he presented 16 cases March 30, two of which were misdemeanors and the rest felonies. Grand jury hearings determine whether there is probable cause to believe that a crime has been committed, not whether a defendant is innocent or guilty.
"The main difference is that usually the defendant has no idea there is a hearing with the grand jury," Williams said. "The hearings are secret ... some people find out for the first time when they are arrested."
Williams said Scott and his attorney, Jay Benson, have 10 days from April 27 to file requests for a change of venue or judge.
"Where it goes from here is really in their court," he said.
Benson, who said he is frustrated and disappointed about the indictment, said he expected to file a change-of-venue request and a request for a jury trial.
Kirksville Police Chief Jim Hughes said any changes in the police department that resulted from the incident already have been implemented.
"There has been an internal investigation that has been concluded and resulted in a change in the policy on the code of conduct, which provides some additional guidelines on the use of discretion," Hughes said.
He said the police department will play a role in the developing case, but its role in the community at large will not change.
"Our involvement will be no different than it would in any case that proceeds beyond the probable cause phase ... ," Hughes said. "I believe that everybody in the community understands that we have a job to do."
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Scott, who was stopped by police for alleged erratic driving Jan. 21 but not arrested will face an arraignment April 27.
"I was disappointed, but I wasn't surprised," Scott said. "There's supposed to be a presumption of innocence anytime you have a situation like this. After two months after intensive media pressure, how are you going to get a fair and impartial trial? I've never even seen any of the alleged evidence that the media has had at their disposal over the last two months. Nobody appeared on my behalf."
Scott said he had many questions to which he had not found answers.
"How many indictments did the judge sign that day, and why was mine the only one released to the media?" he said. "Why is the prosecutor using a grand jury, which is normally reserved for felonies, for a class-B misdemeanor? Why would there be a member of the grand jury that would vote for an indictment that potentially could profit from the indictment ... if they had a business that could benefit from a potential sentence downstream?"
Scott said despite the circumstances, he was confident in his case.
"I can tell you this: I'm going to pursue this to its successful conclusion," he said.
Mark Williams, Adair County prosecuting attorney, presented the case to the grand jury.
"This was an unfortunate situation in that the officers made whatever decision they made at the scene, and then that report somehow was released to the public," Williams said. "And then when it was given to my office, I wasn't just going to throw it away. My job is to look at it. If there's a case, I have to do it. It's my job."
Williams said he handles DWI cases frequently, but this type of case is a first for him.
"It's the first time I can think of ... that I have been notified or given information that somebody was under the suspicion of driving while intoxicated and then let go from the scene," he said.
He chose to submit the case to the grand jury to gather other opinions, Williams said.
"There are cases where I want the opinion of 12 people," he said. "I know my opinion and my view of the evidence, but it is a very valuable tool to have these 12 laypeople. I have been trained as an attorney, so I have blinders. And sometimes it's very helpful to get the real-world opinions of the jurors."
He said he submits cases to the grand jury for many reasons.
"I'll be very straightforward: There are some cases that have other underpinnings," he said. "Political underpinnings, things that have been broadcast throughout the county. ... You can't avoid all the things that have been happening in the last few months ... and I just wanted to make sure that I did this as fair as I could do it."
Williams said he presented 16 cases March 30, two of which were misdemeanors and the rest felonies. Grand jury hearings determine whether there is probable cause to believe that a crime has been committed, not whether a defendant is innocent or guilty.
"The main difference is that usually the defendant has no idea there is a hearing with the grand jury," Williams said. "The hearings are secret ... some people find out for the first time when they are arrested."
Williams said Scott and his attorney, Jay Benson, have 10 days from April 27 to file requests for a change of venue or judge.
"Where it goes from here is really in their court," he said.
Benson, who said he is frustrated and disappointed about the indictment, said he expected to file a change-of-venue request and a request for a jury trial.
Kirksville Police Chief Jim Hughes said any changes in the police department that resulted from the incident already have been implemented.
"There has been an internal investigation that has been concluded and resulted in a change in the policy on the code of conduct, which provides some additional guidelines on the use of discretion," Hughes said.
He said the police department will play a role in the developing case, but its role in the community at large will not change.
"Our involvement will be no different than it would in any case that proceeds beyond the probable cause phase ... ," Hughes said. "I believe that everybody in the community understands that we have a job to do."
