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Cape woman shoots, kills rapist in her home

Saturday, November 1, 2008

Before shooting and killing her rapist early Friday morning, a Cape Girardeau woman had never fired a shotgun in her life.

Though the woman, whose name has been withheld, lived alone, she'd always felt safe in her neighborhood, where she'd lived for the past four years.

When Ronnie W. Preyer, a registered sex offender who was about to be charged with assaulting her a week earlier, broke into her home shortly after 2 a.m. Friday, she said a calm settled over her as she shot him in the chest before running to a neighbor's to get help.

Preyer, 47, of Cape Girardeau was pronounced dead a few hours later at Saint Francis Medical Center.

A dark bruise still marring the side of her face, the rape victim described the previous assault. She had been watching TV around midnight Oct. 25 when she heard a crash. She knew her basement door, leading up to her kitchen, was unlocked, and the noise had come from the basement.

Realizing an intruder had broken into the house, she made a beeline for the back door, but Preyer was waiting for her.

"You fight, you try to think of all the things you can do, but it's happening so fast," she said.

Though she did put up a fight, Preyer punched her — twice, she thinks. At first, she couldn't believe it was really happening and feared someone was playing a horrible joke.

He told her "Don't tell anybody. I know where you live," she said.

The woman sat quietly for several hours before deciding she needed to notify the police.

"I wasn't going to tell, but the more I thought about it, the worse I felt," she said.

Landlord bought gun

She told her daughter and her landlord what happened, and her landlord repaired the window, added security devices to all the doors and, in a gesture that may have saved her life, purchased a shotgun for her.

"I've never shot a shotgun before," she said.

Her landlord instructed her on how to load the firearm, and she kept it near her for a week.

Meanwhile, Cape Girardeau police began investigating the rape and made frequent rounds past her residence to check on things.

On Friday morning, about two hours after an officer had checked on her, she was still awake.

"You can't sleep. You can't do anything. You're just listening," she said.

When the lights went out, her first thought was that she remembered having paid her electric bill.

"I knew something wasn't right," she said.

She got her gun.

Growing nervous, she opened the blinds, sat down in a chair and waited.

She's sure she must have prayed.

When she heard a pop from behind the basement door, she knew.

Standing several feet away in the tiny kitchen, she held up the gun as Preyer crashed through the door into the room. She fired. Though people warned her the firearm would kick quite a bit the first few times she fired it, she said she didn't feel a thing.

"I just saw some sparks come out of the gun," she said.

Preyer fell, and she fled to a neighbor's, using the door farthest away from him to make her escape. She screamed for help, her neighbor took the gun from her and they called the police, she said.

"That was my moment of hysteria," she said.

Police arrived in less than a minute, for which she was grateful.

They told her she'd done the right thing, that they believed he may have intended to kill her, she said. "It makes you feel sick almost, to think someone would want to kill you," she said.

The woman went to the police station and identified Preyer, who had been transported to the hospital, as the man who raped her Oct. 25 and the man who broke into her home Friday.

About to be charged

Cape Girardeau County Prosecuting Attorney Morley Swingle was in the process of charging Preyer with attempted rape, rape, burglary and attempted burglary when he learned Preyer died at the hospital, around 9:30 a.m.

"It is clear that under Missouri's self-defense law the woman was justified in using deadly force upon the intruder in her home because he was in the process of burglarizing her home when she shot him," Swingle wrote in a letter to police chief Carl Kinnison.

The woman said she keeps seeing the image of Preyer crashing through her basement door.

"I'm glad I had something to protect me. When your life is in danger, you just do what you have to, you don't think," she said. "It's you or them."

Preyer's criminal history is speckled with home invasions and assaults, and he was convicted of failing to inform the county of his change of address in compliance with registered sex offender laws.

Preyer was convicted in 1989 of raping and robbing a woman in New Madrid County. He served 15 years in prison on both charges.

December case

He was also arrested last December and charged with attempted rape and second-degree felony assault. Swingle said his office dismissed the rape charge because he did not think he could get a conviction. Preyer was convicted on the assault charge and served 128 days in jail.

The victim in that case, a woman in her early 30s who knew of his sex offender status, allegedly went for a drive with Preyer. He attacked her while in the car. She fought back, and he began punching her in the head and face, she told Jackson police.

After talking with the victim in that case, Swingle decided to dismiss the charges because the woman did not use a nearby phone to call for help and because she went with Preyer "for something to do," even though he was a sex offender, he said.

She also admitted to drinking a 12-pack of Budweiser prior to the assault, Swingle said.

"We know in at least one case, he did a good job of picking his victim. This time, he didn't do such a good job," Swingle said.

bdicosmo@semissourian.com

388-3635


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Comments
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Shoot Em Down!

-- Posted by timexx on Mon, Dec 1, 2008, 11:53 pm CDT

She probably lives on South Hanover street

-- Posted by audiob on Mon, Dec 1, 2008, 6:41 pm CDT

She probably lives on South Hanover street

-- Posted by audiob on Mon, Dec 1, 2008, 6:41 pm CDT

hey Knowledge... Obama can just as easily be called white since he is 50/50. Race has nothing to do with it.
Black, hispanic, Asian, whatever...the Rapist would have been shot dead justifiably so, and we would all applaud the action of the killing!

-- Posted by frazzled63701 on Mon, Nov 3, 2008, 4:25 pm CDT

Maybe "Morley P.I."....prosecuting idiot.....will write a book on why he didn't convict this guy. More time doing your job Morley and less time self promoting.

This election has a lot to do with race. You have the first half white half black presidential candidate in the history of our nation.

Many emotions are coming out right now. Emotion is the wrong thing to vote on. If you disagree with abortion then don't vote for the one who likes to kill babies. If you hate corporate greed and are tired of paying $4 at the pump then vote against the one you think is buddy buddy with the oil companies.

When all is said an done we're going to have This One or That One as our president.

Regardless we will have to accept it.

Otherwise move to Australia where they refuse to change their national language for any whiney illegal aliens, won't take your guns, and believe that life is beautiful.

-- Posted by thegreatmosely on Sun, Nov 2, 2008, 10:18 pm CDT

Okay. So I just posted a comment, but had not read the others. What in the hell does skin color have to with it???????????????

-- Posted by open_mind on Sun, Nov 2, 2008, 7:44 am CDT

Either you are blind as a bat...or you haven't been watching the White hatred for Obama in this campaign.

Race has everything to do with everything in this country.

I just wonder if this woman would have received the same support from Caucasians in general and Caucasoid males in particular if the shooter had been a Black woman shooting and killing a White man who did the same thing.

Or would most of you have been calling the woman a crack head and a lowlife, marginalizing her in every Satanic way you could. Capisce now?

So what is the womans ethnic group? How about that phrasing. Does that make youse guys and girls feel better?

http://antiterrorist.r8.org

-- Posted by Knowledge on Sun, Nov 2, 2008, 12:27 pm CDT

Okay. So I just posted a comment, but had not read the others. What in the hell does skin color have to with it???????????????

-- Posted by open_mind on Sun, Nov 2, 2008, 7:44 am CDT

I want to say to this woman that what she did was extraordinary! A lot of people would not have have the guts to take the guy out. Also, maybe someone will read this story and report something even if they are afraid.

-- Posted by open_mind on Sun, Nov 2, 2008, 7:42 am CDT

I also would like to thank her for being so brave. This guy had 11 felonies. Why was he on the street? It is kind of sad when a 1ittle woman has to take care of a problem law enforcement has not been able to take care of for 35 years. The next victim could of been my mom or my sister and there would of been a next victim. If you are not going to keep a guy in jail after 11 felonies he is never going to stay in jail. So thank you for being so brave and for saving the future victims he would of attacked. Justice was served.

-- Posted by Randy on Sat, Nov 1, 2008, 11:44 pm CDT

The key is “legally” obtain/possess a firearm as gun control laws do not keep firearms out of the hands of determined criminals.

A permit is no longer required to obtain a “concealable firearm” as in federal law there is no distinction between a handgun and long gun.

The laws at Gun Shows are no different than anywhere else.

Possession of firearm unlawful for certain persons--penalty.

571.070. 1. A person commits the crime of unlawful possession of a firearm if such person knowingly has any firearm in his or her possession and:
(1) Such person has been convicted of a felony under the laws of this state, or of a crime under the laws of any state or of the United States which, if committed within this state, would be a felony; or
(2) Such person is a fugitive from justice, is habitually in an intoxicated or drugged condition, or is currently adjudged mentally incompetent.
2. Unlawful possession of a firearm is a class C felony.

Unlawful transfer of weapons, penalty.

571.060. 1. A person commits the crime of unlawful transfer of weapons if he:
(1) Knowingly sells, leases, loans, gives away or delivers a firearm or ammunition for a firearm to any person who, under the provisions of section 571.070, is not lawfully entitled to possess such;
(2) Knowingly sells, leases, loans, gives away or delivers a blackjack to a person less than eighteen years old without the consent of the child's custodial parent or guardian, or recklessly, as defined in section 562.016, RSMo, sells, leases, loans, gives away or delivers any firearm to a person less than eighteen years old without the consent of the child's custodial parent or guardian; provided, that this does not prohibit the delivery of such weapons to any peace officer or member of the armed forces or national guard while performing his official duty; or
(3) Recklessly, as defined in section 562.016, RSMo, sells, leases, loans, gives away or delivers a firearm or ammunition for a firearm to a person who is intoxicated.
2. Unlawful transfer of weapons under subdivision (1) of subsection 1 of this section is a class D felony; unlawful transfer of weapons under subdivisions (2) and (3) of subsection 1 of this section is a class A misdemeanor.

-- Posted by Red_Rhino on Sat, Nov 1, 2008, 7:46 pm CDT

truthselfevident

Don't be obtuse, the meth dealer can get his gun at the gun show, the trader newspaper or your house. Unless of course you don't have one to steal. Permits are not enforced, a legislative joke.

Sorry just couldn't let this one get by...

-- Posted by Theorist on Sat, Nov 1, 2008, 7:24 pm CDT

What were the skin colors of the two women involved?

http://groups.yahoo.com/...

-- Posted by Knowledge on Sat, Nov 1, 2008, 7:23 pm CDT

JustUs,

You acknowledge that you know nothing about guns and then post things without knowing what you are talking about. You know even less about existing firearms laws, all of those you mentioned are prohibited from possession of ANY firearm by the 1968 Omnibus Crime Control and Safe Streets Act and this cannot be preempted by state law. Do some research on Federal and State gun laws before making stupid statements.

Knowledge?

Boy talk about a poor choice of screen names. I try to make it a habit of not belittling or attacking another poster, but you make it next to impossible. That is without a doubt the most idiotic and insensitive statement I can ever remember reading. Words truly fail me.

-- Posted by Red_Rhino on Sat, Nov 1, 2008, 6:39 pm CDT

Hey 'JustUs'. The number of innocents that are having their lives snuffed out by the taxpayers of this country had nothing to do with any rapes, they're victims themselves. If you possess the ability to mentally comprehend statistics you would realize the extremely small percentage of innocents conceived through a rape, but whose lives are snuffed out along with the rest of the unwanted pregnancies because uncaring, poorly educated, and mouthy people like you refer to the act of rape to justify abortion on demand. Your kind of like an Al Sharpton and a Jesse Jackson. If they couldn't beat the drum of discrimination, they'd be out of business. The vast number of abortions are due to promiscuity, not the rape and incest drum that the abortionists beat.

-- Posted by truthselfevident on Sat, Nov 1, 2008, 6:27 pm CDT

Knowledge: Your comments are stupid. The woman was NOT a perpetrator. End of story. She killed a violent piece of trash. The man had AT LEAST two priors and heaven only knows how many other rapes that were never reported. Honestly, her name is not being released to keep her safe----otherwise some undesirable elements might be looking to avenge "they cuzzin" or "they baby daddy" While it is unfortunate that Preyer did not change his ways after being released for the New Madrid rape, I have no sympathy for him----he was garbage and a waste of a good shotgun shell. I hope that the last nine hours of his life he laid and suffered and was tormented at the decisions he had made in his life. Maybe then; and only then he could have come to repentance.

-- Posted by JackTorrance on Sat, Nov 1, 2008, 5:56 pm CDT

Hey 'Justus'. The meth maker and the weed grower and the rapist won't be able to get a concealed permit, or maybe even a permit to have a weapon if the local authorities, mainly the sheriff, states that they are not of good character or are under suspicion. They could get a lawyer and fight it but probably won't. They will have weapons, no doubt, but not legally. Whereas law abiding citizens can apply and obtain permission to have legal weapons. It makes a big difference if you are found with a weapon. If a person can legally carry a firearm, and practices with it, he/she may be able to stop the perpetrator of a crime permanently so that others are not exposed to that perpetrator in the future. For instance, the Mike Tyson look alike who raped the Jackson woman, and then the Cape Girardeau woman, and then returned again to rape the Cape Girardeau woman, will not have raped another woman as long as he lives...er...lived.

-- Posted by truthselfevident on Sat, Nov 1, 2008, 5:45 pm CDT

I do understand both sides of the gun debate. If Joe the Plumber could have a uzi then so can the county road meth maker, the guy growing weed on government land, or a serial rapist.
Under a possible Sarah Palin administration, she believes that if this woman would have because pregnant from this rapist she would have to bear his child.

-- Posted by JustUs on Sat, Nov 1, 2008, 5:06 pm CDT

What is the name of the woman doing the shooting? I think the public has a right to know. Once a person takes a human life for whatever reason, it becomes much easier for them to do it a second time. She, in her description seemed pleased that it was easier than she expected.

I would not want to meet this woman date her, and then find out way later that she has killed someone. There is just to much negative energy surrounding this person.

So why is her name being withehld? Normally in nnews stories they mention the name of the perpetrator, and the name of the perpetratee.

And so it goes.

http://antiterrorist.r8.org

-- Posted by Knowledge on Sat, Nov 1, 2008, 4:57 pm CDT

ACTIONS SPEAK LOUDER THAN WORDS

Obama's words:
We recognize that the right to bear arms is an important part of the American tradition, and we will preserve Americans’ continued Second Amendment right to own and use firearms. We believe that the right to own firearms is subject to reasonable regulation, but we know that what works in Chicago may not work in Cheyenne. We can work together to enact and enforce common-sense laws and improvements, like closing the gun show loophole, improving our background check system and reinstating the assault weapons ban, so that guns do not fall into the hands of terrorists or criminals. Acting responsibly and with respect for differing views on this issue, we can both protect the constitutional right to bear arms and keep our communities and our children safe.”

Obama's actions:
FACT- BARACK OBAMA VOTED TO ALLOW RECKLESS LAWSUITS DESIGNED TO BANKRUPT THE FIREARMS INDUSTRY.
FACT- BARACK OBAMA HAS ENDORSED A 500 PERCENT INCREASE IN THE FEDERAL EXCISE TAX ON FIREAARMS AND AMMUNITION
FACT- BARACK OBAMA HAS ENDORSED A COMPLETE BAN ON HANDGUN OWNERSHIP
FACT- BARACK OBAMA OPPOSES "RIGHT TO CARRY" LAWS
FACT- BARACK OBAMA IN THE ILL LEGISLATURE VOTED FOR LAWS TO PROSECUTE ANYONE USING A GUN TO DEFEND THEMSELVES.

-- Posted by FLSTC97 on Sat, Nov 1, 2008, 2:37 pm CDT

Justice is served and the taxpayers save a ton of money. What a win-win. Nice shootin' lady!!!! We pray you will be able to find some peace from your trauma. You not only saved yourself, you saved what would surely be another victim down the road. Sure would be nice if all rapists met their end this way.

-- Posted by tigerfan87 on Sat, Nov 1, 2008, 1:22 pm CDT

Hip-Hip-Hooray!!!!!!!!! I, too, am a 57 year old woman living alone, and I guarantee that I would have done the same thing if I were in her position. I know the horrors of being raped. I was raped when I was 22. I was scared to death to leave the house in broad daylight. But then I realized that I did not want to live in fear for the rest of my life. I became stronger. I have a shotgun, and I KNOW how to use it, and I WILL use it if I have to.

-- Posted by Hookie98 on Sat, Nov 1, 2008, 1:09 pm CDT

Theorist,

Yes, I agree, it truly was fortunate for her that she was not only armed, but was able to use it to defend herself.

I wish I knew more about the case and his history, but it certainly appears something may have gone wrong somewhere in the system. I have said that I am in favor of having the option of life without the possibility of parole for certain sex offenders. I honestly don’t know how much if any culpability the PA has in this case for failure to prosecute on a previous sexual assault; simply don’t have the facts. I have never liked Morley Swingle, but I don’t like to make judgment without more information and I simply don’t have it.

One can only imagine what this woman has and will go through as a result of not only her original assault, but having to take a life to defend herself. I hope she receives counseling and she will be able to handle any long term ramifications. She truly is a remarkable woman who did everything she could to handle this properly. I admire her and wish her all the best in the times to come.

-- Posted by Red_Rhino on Sat, Nov 1, 2008, 1:06 pm CDT

Swingle dropped the ball on this one and put this woman and the other victims of this perv thru holy hell! Even the police didn't really seem to help her after the fact! Thank God for her landlord helping her out, getting her a gun and all. He knew. Its a shame the law and law enforcement have their hands tied and these maniacs are allowed loose until they do something so horrendus lawmakers cannot igonore it. Thank heavens she is safe. God love her.

-- Posted by ArcticFox on Sat, Nov 1, 2008, 12:42 pm CDT

Baggerfreak...

It was not a handgun that the lady used to defend herself.

Red...

This is indeed a case where it proved fortunate for the homeowner to be armed. Though I believe if the system had worked correctly with this person to begin with, she wouldn't have needed it. I am worried about the repercussions this will have in her life, and pray she will be able to recover.

Tweety...

You are clueless. But you just keep spouting off, you aren't doing your candidate any favors.

-- Posted by Theorist on Sat, Nov 1, 2008, 12:34 pm CDT

JustUs,

Obama is on record as saying that he believed the handgun ban in Washington DC which brought about the Heller decision was "constitutional" and did not violate the Second Amendment. Of course both the Court of Appeals and ultimately the US Supreme Court found that it did violate the Second Amendment. The Second Amendment should be interpreted no differently in one jurisdiction than another. I do not want Barrack Obama deciding what guns I have a "right" to own or "need".

Bill Clinton also said he supported the Second Amendment and then passed the Brady Bill and Assault Weapons Ban, neither of which had any effect on gun crimes.

I don't understand why people wish to enact legislation that has been proven to be ineffective; oh wait a minute, I do. They are only paying lip service to our right and will infringe on them as much as they possibly can a little bit at a time, it is called incremental-ism.

-- Posted by Red_Rhino on Sat, Nov 1, 2008, 12:11 pm CDT

I'm not a gun expert by any means.

Oboma's offical stance is.....“We recognize that the right to bear arms is an important part of the American tradition, and we will preserve Americans’ continued Second Amendment right to own and use firearms. We believe that the right to own firearms is subject to reasonable regulation, but we know that what works in Chicago may not work in Cheyenne. We can work together to enact and enforce common-sense laws and improvements, like closing the gun show loophole, improving our background check system and reinstating the assault weapons ban, so that guns do not fall into the hands of terrorists or criminals. Acting responsibly and with respect for differing views on this issue, we can both protect the constitutional right to bear arms and keep our communities and our children safe.”

So, I'm not reading into this statement that people will not be allowed guns. I do realize that if anybody wants ANYTHING bad enough it can always be obtained.

-- Posted by JustUs on Sat, Nov 1, 2008, 12:01 pm CDT

Me'Lange. I don't understand how not printing a picture of the rapist would be protecting a victim? And under the law, sexual predators are supposed register there addresses with area law enforcement. And who let the creep out in the first place? The State of Missouri has a sexual predator program at Farmington to house these types until they are deemed cured, even after they have served their sentences. Which psychiatrist signed off on his release. And if that psychiatrist is simply a private practice flunky who's milking the State for a salary, what about those who are being held in the State institution who may be miss diagnosed the other way, cured but held against their will (that's after they have served their sentences). It may be no more than politics who gets in and who is let out. Maybe race factored into the decision to release him? This perpetrator was an African American, and maybe there were an abundance of African American predators already housed in the mental facility and the institution didn't want to appear prejudiced so they released him based on a quota.

-- Posted by truthselfevident on Sat, Nov 1, 2008, 11:36 am CDT

truthselfevident,
Perhaps the seMissourian is attempting to protect the victims? (I doubt it...but was a thought.)

-- Posted by Me'Lange on Sat, Nov 1, 2008, 10:54 am CDT

JustUs,

Studies including one done by the US Department of Justice on the 1994 Assault Weapons Ban showed no decrease in crime and no affect. It sunsetted in 2004 and there has been no rise in the use of such weapons. Also, "Assault Weapon" is a misnomer as the definition of a true "Assault Weapon" is a select fire which can fire in fully or semi-automatic mode and is chambered for a medium caliber round. The civilian version of the M4 or AR is a "Semi-Automatic weapon no different in operation to some of the most popular hunting rifles and is different only in appearance.

-- Posted by Red_Rhino on Sat, Nov 1, 2008, 10:53 am CDT

Under the photo in the St Louis publication, it states the photo is from the Cape Girardeau county sheriff's department. Why can't the Southeast Missourian get access to the same photo? Poor, poor journalism.

-- Posted by truthselfevident on Sat, Nov 1, 2008, 10:50 am CDT

cartman,

Eh...yeah...PA may have prosecuted between writing his books and his other clients (like the county commission). Sorry...it has been printed "Swingle said his office dismissed the rape charge because he did not think he could get a conviction." AND someone victimized this past victim again by releasing demeaning information. Now who do you think did that? Ethically and morally wrong to BLAME a victim! Let alone decide NOT to prosecute a crime. I'd like to know if a rape kit was taken on the 12/07 victim??? If so, did it match this rapist??? Or did our PA decide the 12/07 victim (because she drank a little too much and had poor judgment of the company she kept) wasn't worth HIS time? (Yes...I'm passionate about this...wrong...just wrong! And a second victim paid the price of the PA's poor choices...not once, but twice!)


Anyway...this story interested me enough to do a little research...Was anyone aware that since 7/23/08 SEVEN rapes have reportedly (per printed police report)in Cape County? Isn't that a concerning number?

-- Posted by Me'Lange on Sat, Nov 1, 2008, 10:48 am CDT

Cartman,

I don't think you and I are in disagreement, just need to clarify some points. You raise some interesting and relevant issues, but there are some holes so to speak. First the issuance of a Probation Violation Warrant has nothing to do with revocation. A probationer need not be in custody in order to have a Revocation Hearing. Also, what may be true in SE Missouri is not elsewhere as some judges have for years prohibited Probation Officers from issuing warrants on individuals out of their court and it is not even consistent in different Districts within this region. A District Administrator in one District Office may “interpret” the manual as to what constitutes “imminent danger” one way while another may interpret another. No, it should not be this way, but it is. As I said, the Judge is the sole arbiter as to all things relating to Probation and this has been upheld in Supreme Court decision consistently on the Federal as well as State level. If a Judge in Cape sets policy as to how he issues a Capias (Bench Warrant) for a probation violation, Probation and Parole has no control over this. They can only set policy as to when they will allow their Officers to issue their own probation warrant or request the Judge issue a Capias and no warrant can be issued or requested without supervisory approval and the Supervisor can only issue a warrant if it is within policy.

You state that most of the time the PA and Judge are not aware of violations of the conditions of probation. If so, then this is by their choice. While Probation Officers do not submit a full blown “Violation Report” on minor violations, ALL violations must be reported in on form or another including a “Violation Report”, “Notice of Citation” or “Case Summary Report”. All of these reports will be provided to the court if they so wish to receive them. If the Judge receives a “Notice of Citation” which is very brief and lacking in much detail and wishes a full blown detailed “Violation Report” they order one to be submitted by the supervising Probation Officer and one will be done.

No, a Probation Officer cannot determine what is considered a violation; this is spelled out in policy as to which violations “can” be reported in a “Notice of Citation” and which ones require a “Violation Report”. Records in some form MUST be made of all violations and it is up to the Judge if they are to be given documentation of ALL violations as before mentioned.

You are correct in regards to the Drug Offenses and new criminal law violations in Cape, but again this is not, or has not been the case in all District Offices. Unfortunately the Cape DA’s interpretation of the Manual is the correct one. Again, one should not confuse the issuance of a warrant with a recommendation for revocation. A warrant is not needed to recommend revocation of probation and as is outlined in Moore v Stamps, a Missouri Supreme Court Case, the Judge has the authority to hold a hearing and revoke even if the Probation Officer recommends continuance and even if a Supervisors holds a “Preliminary Hearing” and no “probable cause is found”.

As to the revocation of probation for what are considered to be “minor violations” of the conditions of probation, this has been litigated for years and is reflected in numerous Supreme Court cases and is too detailed to go into here; begin with Morrisey v Brewer and Gagnon v Scarpelli.

As to the rest, I would also include the Supervisors in with the line Officers as being disgusted with the rules out of Jefferson City as they hate it as bad if not worse than the Officers because they have to enforce it. Supervisors are retiring as soon as they possibly can and are going into other occupations whereas many use to remain beyond their retirement eligibility date. These policies were not brought about solely by Probation and Parole, but rather a committee comprised of various entities in Jefferson City. These obstacles can however be overcome by a Judge and a Prosecutor if they so choose, but it will take extra work on their part.

Having said that however, I will say what I have many times and that is that the way Probation and Parole is being operated in Missouri, Probation/Parole is meaningless and ineffective. I have heard that some steps are in the process of being made to improve supervision, but with the present “Violation Process” and “Sentencing Assessment Report” I see little hope and wish more people would become outraged.
I make no claim as to who is or is not responsible for the situation with the rapist; I just don’t know enough about it. I am just glad he no longer walks among us and would really like to see longer sentences for sex crimes and a sentencing structure similar to the federal system so Judges do not have the discretion for lighter sentences.

-- Posted by Red_Rhino on Sat, Nov 1, 2008, 10:45 am CDT

Where is the picture of this creep? The St Louis paper printed it. It so happens that a creep like this could have raped a number of women in the area who did not come forward. Give them the peace of mind to see his picture that they might be able to sleep easier knowing that he no longer walks this earth. And why can't you publish his address. He had to register it for all of us to know, by law. Come on Morley, get this picture out. It is bad enough you didn't go after the creep when he raped the Jackson woman. Your won/loss record was more important to you than seeking justice for that woman.

-- Posted by truthselfevident on Sat, Nov 1, 2008, 10:34 am CDT

One more thing: GREYWOLF I just loved your post and I completely agree with you!

-- Posted by Sundance on Sat, Nov 1, 2008, 10:27 am CDT

I think this ladies landlord needs a medal. He cared more for the safty of this lady than he did the price of a shotgun. He went out and bought her one and then taught her how to use it. That person is the one that saved this ladies life. And IMO she did absolutely the right thing. I hope that she knows that she saved the lives of others because he would have continued until someone finally stopped him in one way or another. This is not a political issue or a religious one either for that matter, it is about life and being able to be safe. Even if the government were to ban guns and take our guns away it would never stop the criminals because they would get them even if they had to have them built. Most of us have the idea that most criminals are of a lower intelligence. But they would still be smart enough to figure out how to get a gun and there will always be someone out there who can build them for them.

Also, it is my understanding that if history does repeat itself. That which ever man becomes president he will die in office.

-- Posted by Sundance on Sat, Nov 1, 2008, 10:23 am CDT

If I want to buy an oozie, I should be able to by an oozie and the government shouldn't be able to tell me one way or another. Criminals will still be able to get guns no matter what the law is. Convicted felons aren't allowed to purchase guns now, but they still get them, so more government laws are not going to change that.

-- Posted by Maytag on Sat, Nov 1, 2008, 10:21 am CDT

If I want to buy an oozie, I should be able to by an oozie and the government shouldn't be able to tell me one way or another. Criminals will still be able to get guns no matter what the law is. Convicted felons aren't allowed to purchase guns now, but they still get them, so more government laws are not going to change that.

-- Posted by Maytag on Sat, Nov 1, 2008, 10:21 am CDT

JustUs.....you are correct in that she is a brave woman. It takes a LOT to actually shoot someone, especially at close range.

She deserves an award!!!

-- Posted by cartman on Sat, Nov 1, 2008, 9:52 am CDT

What a brave woman. Let's not lose site that she was twice victimized by this man. He got what he deserved. We, the people, could have payed for him to sit in prison for the rest of his life, or 20 years, which ever comes first.
She used a shotgun. I do not think shotguns are on the chopping block to be banned. Assalt weapons are what possibly should, and could be, banned. These people are trying to group all gun with this proposal. Who needs an AR-15 anyway? I've shot one. It's fun and all, but unnecessary unless under attack by a group of invaders. I guess people feel that if they want one they should be able to have one.
As far as Oboma cohorting with terrorist, I don't think he was the only guy serving on the same committee with the man. Obama's response to the story seems believable to me.
As far as religion, no one can be the president without belonging to a christian church of some kind. I don't think McCain or Oboma are overly religous. Palin on the other hand is obvious.
It's down to the wire. It's all over Wednesday morning (I HOPE) and I, for one, can hardly wait.

-- Posted by JustUs on Sat, Nov 1, 2008, 9:44 am CDT

The St Louis Post Dispatch has been running his picture in their newspaper. Why can't the Southeast Missourian print his picture? Also, your obits stated he was from Cape, but your news article and the St Louis newspaper says Jackson. And I would like to know where he was living in Jackson. Sex offenders are supposed to register their addresses. Please, I have family in Jackson and there is a boarding house that has had several instances of criminal behavior in the last couple of years. The owner of the house is supposed to keep track of these people. If that is where this rapist was residing, we should have heard more about it after the first of the two rapes, you know, the one Swingle wouldn't charge him with.

-- Posted by truthselfevident on Sat, Nov 1, 2008, 9:33 am CDT

"If a probationer violates conditions of probation, the prosecuting attorney is the one who files a "Motion to Revoke" at which time a hearing is held during which time the Judge decides if probation should be revoked or continued." This not true. Yes the PA can request that the probation be revoked, but the probation officer is the one who requests the warrant for the proation violation. A certain judge in Cape Co. will not issue a warrant for a probation violation unless it comes from a P&P officer (which almost takes an act of God).

Most of the times, the PA and judge is COMPLETELY unaware of violations that the offender has committed. The Probation and Parole office also determines what constitutes a "violation" even though the conditions of probation are spelled out for the offender by the JUDGE. One condition is that they are to not break ANY laws, but the P&P office WILL NOT issue a probation violation if the NEW offense is not a violent offense. The conditions do not say a violent offense. They say a new law. Offenders who are on probation for drug related offenses and pick up a NEW drug related offense are not given a probation violation warrant on the first offense. The P&P office WILL NOT issue on the new offense even though the offender is on probation for the same type of offense. The P&P office will also not issue for dirty urines. WHY??? If you are on probation, then you need to follow every rule. The P&P office does not even consider it a violation, but a write up. Again, why. If you do not like the conditions, then do not get put on probation. Probation is a "second" chance, not a third, fourth, and sometimes tenth chance.

Do not get me wrong. I know that it is not the front lines P&P officers that are the problem. It is the people in Jeff City that want to use stats to say that offenders are not re-offending to justify the existence of P&P. Of course your stats will say that if you do not report the violations to the PA or Judges. I know that most of the P&P officers want to report the violations, but are not able to because of the supervisors. But do not blame the PA. To say that the man probably would have pled guilty is not right. Didn't the same thing happen at Duke when the PA was in a rush to file a charge against someone. Everyone wanted to hang the PA in that case.

Again, do not get me wrong, but often times witnesses and victims are not sure of the story (look at the Cape PD story where all the idiots were saying that they did not see the guy who got shot with a gun and that they were standing right next to him.) The PA is not going to tell the whole story and about the victim in the first case.

This guy got exactly what he deserved and if he did live then Morley would have prosecuted him to the full extent of the law.

-- Posted by cartman on Sat, Nov 1, 2008, 9:31 am CDT

cartman,

The PA (prosecuting attorney) DROPPED rape charges against this rapist in 12/07!

IF you look at this rapist history, he had a tendency to PLEA GUILTY.

Plus, Red Rhino brought up very good points also!

Thus...PA "may" have had an affect on this rapist freedom! IMO

-- Posted by Me'Lange on Sat, Nov 1, 2008, 8:41 am CDT

for one there is a lot of people going to vote for obama not because they are lazy I for one am not lazy but I am going to vote for obams cause these republicans can take every thing from the poor already and they just want more and more of there independence every time you turn around. I work every day of the, and some weekends if I can I have more medical problems than the average person and my meds cost as much as I make in a 2 week period I just barely float with my bills no credit cards above ground.I like the remark greywolf had at the bottom of the page.

-- Posted by casey2002 on Sat, Nov 1, 2008, 8:40 am CDT

One down and a few thousand more to go. This what we need to do to these scum bags. Let's get some laws like some of the third world countries have! Eye for an eye and that will stop some of this nonsense.

-- Posted by mohacker on Sat, Nov 1, 2008, 7:50 am CDT

calling each other names is not going to solve anything. Basically, this type of action by the victim is much more likely to be accepted from a conservative viewpoint, not necessarily republican, than a liberal viewpoint.

While the election of Obama would not make self defense automatically illegal, two terms and a liberal controlled house and senate could go a long way to restrict the right of self defense.

The silliest thing I read was the statement that "nobody is going to take your guns". Liberals have been trying for years.

-- Posted by bigdaddy200 on Sat, Nov 1, 2008, 7:31 am CDT

ithica

You guts can't see the real person you are voting for. Lies and half truths is the way Obie has gotten to where he is at.

It is the Dem's with their welfare and public housing that has caused the gang problems.

-- Posted by Willy Makit on Fri, Oct 31, 2008, 11:25 pm CDT

Cartman,

Actually the judge is the sole arbiter on who is placed on probation. The Probation Officer only supervises individuals placed under supervision by the Court. A Probation Officer has no authority to revoke probation. If a probationer violates conditions of probation, the prosecuting attorney is the one who files a "Motion to Revoke" at which time a hearing is held during which time the Judge decides if probation should be revoked or continued. A Judge can also order a hearing to be held in absence of the filing of such "Motion to Revoke by the PA.

-- Posted by Red_Rhino on Fri, Oct 31, 2008, 10:46 pm CDT

Why are you blaming the PA for this guy being on the street? The PA does not sentence the person, the judges do and the probation system lets them out and then allows them to remain out.

The crimes that you cited are all misdeamnors and are NOT punishable by prison.

This guy got everything he deserved!!

-- Posted by cartman on Fri, Oct 31, 2008, 10:28 pm CDT

PEOPLE - If anyone thinks that calling each other names and getting nasty will convert each other to our way of thinking they are mistaken. This election is ripping our nation and community apart. These are our friends, family, and neighbors that may or may not agree with what we believe but remember we have to live along side of each other after this is all said and done. Only by treating each other with some respect and keeping an open mind to the opinions and beliefs of others will we achieve a working solution to the problems that we as a society face.

-- Posted by Bigbird on Fri, Oct 31, 2008, 10:16 pm CDT

Ithica,

Before you make uninformed statements please do some research. The founding fathers did not "give us" anything, they recognized an existing natural right and incorporated this into the Second Amendment. As stated in two recent court rulings, this is an individual right and is not related to formation of a militia.

You are correct, not every place is like SE Missouri, many are far more dangerous.

-- Posted by Red_Rhino on Fri, Oct 31, 2008, 8:47 pm CDT

Too bad if Obama wins none of us will be able to protect ourselves if this happens again...what a shame..

-- Posted by Stones62 on Fri, Oct 31, 2008, 8:37 pm CDT

Baggerfreak,

Our founding fathers gave us the right to own guns for one simple reason, to protect ourselves from a government that had grown to power, and so that they could have state militias. Not to mention if you lived in Western America you had to have one to survive. You can stop cuddling with your gun at night, no one is going to take it away. That doesn't mean we can't try and stop the spread of weapons in cities causing the deaths of a number of innocent bystanders caught up in gang wars. I know though kind of hard to think outside the box. Not every place in America is like rural Missouri.

-- Posted by ithica on Fri, Oct 31, 2008, 8:37 pm CDT

I agree me lange!!

-- Posted by nurse2009 L. on Fri, Oct 31, 2008, 6:47 pm CDT

Contrary,it's the democrats that are stupid because anyone with any sense would not vote for Obama with all his ties to terrorists and a preacher that cusses like a sailor and an aunt that lives in a slum,not to mention his poor brother.He's really his brother's keeper,huh?If he can't take care of his own,how's he going to take care of the U.S.?If he had a heart,his family wouldn't be living in slums.Hope you stop and think before it's too late.Our country is not ready for communism!!!

-- Posted by Tweety on Fri, Oct 31, 2008, 6:15 pm CDT

First, I am pleased the current victim was not raped again.

Second, I am ticked off this paper printed such hideous remarks about an earlier victim of rape that "appear" to have been provided by the prosecuting attorney. (SHAME on you all!)

She was a VICTIM also and our prosecuting attorney..."did not think he could get a conviction, he said." Put another way...he did NOT want to loss the case in court.

I don't care if this woman walked in front of this man in her birthday suit...NO means NO, even when said to a prior sex offender.

IF you look hard at the facts, this man MAY have been behind bars IF our prosecuting attorney had DONE his job with the December 2007 case.

~~~~~~~~~~~~
And IF you look at this guys history...he had a suspended sentence for a DWI from 5/07 and another charge for Assualt 3rd Degree with Physical Injury on 12/22/07...for which he was to serve 120 days.

System has failed...this man should NOT have been free to have raped this woman the first time...let alone come back again.

-- Posted by Me'Lange on Fri, Oct 31, 2008, 5:22 pm CDT

Republicans, I don't think your usual fear tactics are going to work this time. You have little time left before Election Day to concoct more stupid strategies. Are all these half-truths and lies representative of your GOP family values?

-- Posted by iago1 on Fri, Oct 31, 2008, 5:19 pm CDT

Well, good job SE Missourian for making my previous comment about the surprise about Morely Swingle not filing charges against the woman blowing this piece of trash away in light of his anti-gun beliefs. Good job.

-- Posted by Mozark on Fri, Oct 31, 2008, 5:05 pm CDT

Tweety, your comments have to be some of the most uneducated that I have seen on this site. To actually say "This lady was saved because she had a firearm,due to having a republican president." We've had MANY presidents who were Democrats over the last 200+ years, and not once during that time did they repeal the second amendment. News flash, Barack Obama won't repeal it either. And your other comment that "lazy" people will vote for Obama is just dumb. These are just more of the insulting, uneducated, 'fear-mongering' rants that are driving people away from the Republican Party. If you wanted the Republicans to win, you'd keep your mouth shut! THE BIGGEST POINT OF ALL..... THIS HAS NOTHING TO DO WITH THE WOMAN IN THE STORY!!!

-- Posted by semogal on Fri, Oct 31, 2008, 4:52 pm CDT

Greywolf-
AMEN!

-- Posted by frazzled63701 on Fri, Oct 31, 2008, 4:26 pm CDT

where exactly was this creep living in Cape?

-- Posted by frazzled63701 on Fri, Oct 31, 2008, 4:25 pm CDT

If you want to lose all your freedoms,and your jobs,just vote Obama!!This lady was saved because she had a firearm,due to having a republican president.I hope everyone will rethink their voting before election day.The lazy ones will surely vote for Obama because he will see that they're taken care of.

-- Posted by Tweety on Fri, Oct 31, 2008, 4:11 pm CDT

Well said baggerfreak....another upside is that this P.O.S. will not be able to do this to any other woman. This was the least he deserved.

-- Posted by nurse2009 L. on Fri, Oct 31, 2008, 4:03 pm CDT

The real surprise in this whole story is that ole anti-gun, anti-self defense, anti-Castle Doctrine Morley Swingle didn't file some kind charges on this woman. He did spend time in Jefferson City testifying against the Castle Doctrine bill after all.

The woman did a good job of getting rid of a scum bag that needed put away.

-- Posted by Mozark on Fri, Oct 31, 2008, 3:57 pm CDT

Well, at least I'm an INFORMED idiot you pathetic crybaby.
FACT- BARACK OBAMA VOTED TO ALLOW RECKLESS LAWSUITS DESIGNED TO BANKRUPT THE FIREARMS INDUSTRY.
FACT- BARACK OBAMA HAS ENDORSED A 500 PERCENT INCREASE IN THE FEDERAL EXCISE TAX ON FIREAARMS AND AMMUNITION
FACT- BARACK OBAMA HAS ENDORSED A COMPLETE BAN ON HANDGUN OWNERSHIP
FACT- BARACK OBAMA OPPOSES "RIGHT TO CARRY" LAWS

Do I really need to go on? My point is clear. Under an Obama administration, this woman most likely would not have been able to legally purchase a gun and protect herself and her property. I know the truth hurts but it must be known. Obama has actually been trying to appeal to gun owners when in reality his RECORD speaks for itself. Why else could you explain that gun sales are up over 10 percent in many areas of the US ahead of this election. I'd probably buy a few more except I have a vault full of them now and I sleep REALLY well at night.

-- Posted by baggerfreak on Fri, Oct 31, 2008, 3:52 pm CDT

Preyer doesn't have to worry about putting a sign on his door tonight!

-- Posted by mussmuggins on Fri, Oct 31, 2008, 3:47 pm CDT

Ma'am, I don't know if you'll be reading these comments or not, but I am so VERY proud of you! You chose not to live in fear, but to take the steps to protect your self. And - you had the courage and strength to take the shot when you needed to. I absolutely despise the horror you went through, and I will pray that you stay healthy and can regain some sense of normalcy in your life.

-- Posted by indian_mom on Fri, Oct 31, 2008, 3:43 pm CDT

ONE BASEMENT WINDOW.......$225.00

ONE BASEMENT DOOR.........$127.00

ONE SHOTGUN SHELL..........40 CENTS

ONE BLAST TO THE CHEST.....PRICELESS !!

-- Posted by GREYWOLF on Fri, Oct 31, 2008, 3:32 pm CDT

Baggerfreak,

You're an idiot.

-- Posted by R.D. on Fri, Oct 31, 2008, 3:30 pm CDT

Oh, enough with the John McCain endorsement. He has nothing to do with this woman's suffering. Besides, there are PLENTY of democrats who own guns. Give it a rest!

-- Posted by semogal on Fri, Oct 31, 2008, 3:13 pm CDT

Victim, Hold your head high. You did the right thing. I will pray for you & your family. It will be a long road ahead.

-- Posted by Spay&Neuter on Fri, Oct 31, 2008, 2:52 pm CDT

AWESOME!!! Our beautiful second amendment comes to the rescue again!He was obviously going back to get her so she couldn't ID him for the police. This is what our founding fathers envisioned for our citizens when they gave us the precious right to protect ourselves.Precisely why I am a proud, law abiding gun owner. Without sounding too political and diminishing the importance of this story, I hope readers remember this when they vote Tuesday. There is only ONE candidate who has a PROVEN track record when it comes to protecting a citizens right to legal gun ownership and it is John McCain. The other obvious upside to this courageous woman's story is that the citizens of the great state of Missouri will not have to feed, clothe and house this scumbag while he rots in prison.

-- Posted by baggerfreak on Fri, Oct 31, 2008, 2:42 pm CDT



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