Special Prosecutor William Seay announced Friday he has filed a Class C felony of involuntary manslaughter charge against Missouri Trooper Anthony Piercy in the drowning of Brandon Ellingson.
Outside the Morgan County Justice Center Dec. 18, Seay said he has charged Piercy with the felony, alleging he "recklessly caused Ellingson's death by handcuffing him behind his back while intoxicated and not properly securing his flotation device, which subsequently caused his death when he fell into the water." Seay said the charge relates to unjustifiable risk being taken and would not comment any further on the facts.
In the probable cause statement signed on Dec. 14, 2015 by Lawrence Jones, a 22-year law enforcement officer, Jones stated that after reviewing the evidence in the investigative reports, the admissions of the defendant, and the statements of witnesses regarding the May 31, 2014 death of Ellingson, he has probable cause to believe that Piercy recklessly caused the death of Ellingson.
Last year, Osage County Prosecutor Amanda Grellner who was appointed special prosecutor in the case after the Morgan County prosecutor said he had a conflict of interest, reopened the case, but later asked to be released.
Grellner withdrew as special prosecutor in March 2015 noting she had "no choice" because of a recently discovered conflict of interest, according to a previous story in The Lake Today, but the investigation continued.
After Grellner's withdrawal, Seay was assigned as special prosecutor. Seay told reporters in the press conference he immediately went to work reviewing the case with the help of Michael Randazzo of Iron County, his former assistant prosecutor and Larry Jones, a veteran law enforcement officer not associated with the Missouri State Highway Patrol.
Seay, a former elected prosecutor of Dent and Crawford Counties for 16 years and a former Circuit Judge of the 42nd Judicial Circuit for 16 years, said he has spent time reviewing the case in its entirety, boxes and boxes of records in regards to Piercy's training, expertise, and everything that was done in the investigation.
When asked if new information was discovered after Grellner, Seay would only say the investigation had not been completed at the time of her departure, also saying, "There was additional evidence and investigation after she left the case."
Seay said he contacted Ellingson's father, Craig Ellingson, with the news via electronic media who said they were thankful they were finally at this point.
With the filing of the charges, according to Capt. John J. Hotz from the MSHP Public Information and Education Division, Piercy has been placed on leave without pay as of Dec. 18, 2015. A press release has also been issued by the department noting the MSHP's actions in this case. Also part of the release was a statement noting that Piercy's arrest is a result of a "mere accusation and is not evidence of guilt. Evidence in support of the charges must be presented before a court of competent jurisdiction whose duty is to determine guilt or innocence."
Late afternoon Dec. 18, a warrant with a $50,000 bond for Piercy's arrest was issued. Seay had said he had spoken with Piercy's attorney and it was expected Piercy would be turning himself in to the Morgan County Jail that afternoon.
Seay shared his regret with how long it took to come to this conclusion, saying he had suffered a serious illness which caused delay. Seay was ready to move forward and has asked Randazzo to help with the prosecution of the case.
Unsure of the process in Morgan County, Seay said he expected the next proceeding after the press conference would be the setting of the bond and then the Judge would set a preliminary hearing.
According to Seay's press release, the Class C felony is punishable by up to seven years in the Department of Corrections, up to a year in the county jail, or up to a $5,000 fine, or a combination of jail time and fine. It further notes a defendant is presumed to be innocent until he is found guilty or pleads guilt.
Piercy has been charged with the involuntary manslaughter based on events that occurred May 31, 2014 while he was on duty on the Lake of the Ozarks after he stopped the watercraft Ellingson was operating due to a registration violation. Reports say Piercy arrested Ellingson for intoxication, handcuffing him behind his back and placing a floatation device on Ellingson without fastening it properly. It is further reported that Piercy left at a high rate of speed, and when he slowed down on the choppy water, Ellingson was ejected, falling overboard into the water where the floatation device came off with his hands cuffed, he drowned.