Appeals court asks judge to respond to order

An appeals court has blocked the early release of an area man who was convicted of involuntary manslaughter for two deaths and two injuries in a 2007 alcohol-related crash.

On Friday, Cole County Circuit Judge Dan Green signed an order to reduce the collective 20-year sentences of Larry Welch, 62, to seven years in prison and five years of probation. Welch's attorney and witnesses cited his deteriorating health. With his time served, that reduction would have meant his imminent release, possibly today.

The family of the victims - Jean Olsen, 45, and her son, Tobia Olsen, 17 - were outraged.

Cole County Prosecutor Mark Richardson quickly petitioned to stop the order from going into effect, and on Tuesday the Missouri Court of Appeals Western District blocked Welch's release "until further notice from this court."

"We had a sentence by Judge (Richard) Callahan, who actually presided over the case in 2008, and he weighed a lot of factors in the sentencing hearing," Richardson said Tuesday evening. "Our office's intent is to see that the sentence that was given is upheld."

The appeals court ordered Green to submit his opposition to the order by Dec. 29. At that point, the court could issue a permanent order to allow or block Welch's release, or could seek oral arguments from both sides.

Welch is serving two 15-year concurrent terms for his 2008 involuntary manslaughter convictions, and two five-year concurrent sentences for second-degree assault. Both charges incorporate driving while intoxicated charges.

The wreck on Nov. 4, 2007, killed Jean and her son, Tobia. It also seriously injured Johanna Olsen, then 14, and Eric Olsen, 41, father of the two teens and Jean's husband.

story created on Tuesday 12/23/2