Cape County felony filings drop for fifth straight year

Felony filings in 2012 fell in Cape Girardeau County for the fifth consecutive year, even as the state as a whole saw its caseload of more serious criminal offenses continue to climb.

County prosecutors filed 559 felony cases in fiscal 2012 -- June 2011 to May 2012 -- that ranged from top-tier crimes such as rape and murder to lower-level charges such as passing bad checks and property damage. According to data provided by the Office of State Courts Administrator, that total represents a 6.7 percent decrease from the previous year and continued a five-year county trend.

"There's probably no rhyme or reason to it," said Judge William Syler, who presides over roughly half of the cases. "I'd like to say it's because we're tough on crime and that is keeping people from going out and doing these things, but that's probably not true. It's hard to say why, really."

The county's felony count contributed to the totals of the 32nd Judicial Circuit, which includes Bollinger and Perry counties. Overall, the circuit -- with an estimated population of 108,029 -- had a combined 863 felonies filed last year.

Bollinger County saw a decrease in felonies, as well, after prosecutors logged 82 of those cases, which was almost 11 percent less than the year before. Of the three, only Perry County had more felonies last year, with a nearly 17-percent bump with its 222 felony cases. The circuit as a whole had a decrease of 2 percent, but that number would have been higher without the Perry County numbers.

Tom Hoeh, who has been prosecuting attorney in Perry County since 1987, also was a bit taken aback when informed of the 16-percent hike in felonies for his office. Even after reflection, Hoeh was hard pressed to offer an explanation for the increase.

Hoeh said one thing the numbers definitely do not mean is that Perry County is becoming a more dangerous place to live.

"We have our share of troublemakers like any other community," Hoeh said. "But, generally speaking, this is a wonderful place to rear a family."

One factor that may account for the increase, Hoeh said, is that the law enforcement agencies in Perry County are as diligent about capturing offenders and knowledgeable and professional enough to do so in a way that doesn't hinder his ability to prosecute.

They also are good about bringing him meritorious cases, Hoeh said.

"I don't file every case they bring to me," Hoeh said. "Some do need additional information or more investigation -- but not many. They usually bring me strong cases and that makes my job easier."

Not many would describe Hoeh's job as easy, especially in light of the fact that he is handling more than 200 cases by himself. Like that of Bollinger County prosecutor Steve Gray, Hoeh's job is technically part time, which is allowed by state statute for Class III counties. Hoeh, who became the most tenured prosecutor in the circuit with the resignation of Morley Swingle last year, works many more than 20 hours each week and probably more than 40 preparing for county criminal cases. Hoeh, who is 64, is given part-time pay at $55,000 a year, as is set out by state statute. Chris Limbaugh, Hoeh's first-year counterpart in Cape Girardeau County, makes almost $70,000, by comparison.

As a part-time prosecutor, he also is allowed to have a civil practice, which he does. But county voters could make Hoeh's job full time with more money. He didn't complain when he was asked if he'd like to see it happen.

"This has been my decision alone," he said. "It's a workload and an approach that I adopted since I've been elected. I work however hard it takes."

While Limbaugh has five assistant prosecutors, Hoeh has none, though he heaps praise on the two office staffers he employs. He also pointed out, in Limbaugh's defense, that Cape Girardeau County has 76,000 people and more than twice as many felony cases.

In fact, he said, he's quite satisfied with the current arrangement because it's given him time to spend with family and on other interests.

"If I couldn't keep up with the work, I wouldn't do it," Hoeh said. "I think I'd go nuts if I didn't have this to look forward to."

Plea deals also help keep the gears greased. Only 23 criminal cases went to trial, five of which did not return with a verdict.

The total number of cases across all categories -- not just criminal cases -- also declined by 3.2 percent. A total of 13,243 cases was filed in the 32nd Circuit in fiscal 2012, according to court reports. That number reflects civil cases, probate, juvenile and criminal cases. Most of those cases, 9,421, or about 71 percent, were filed in Cape Girardeau County. Perry County had 2,553 filings overall and Bollinger County had 1,269.

Of all the circuit's filings, 5,943 were in civil courts, which is where private lawsuits are disposed of, along with divorces and small claims courts. That figure was 10 percent less than 2011. Probate cases were relatively small at 255, including the handling of the estates of those who have died, and those with disabilities or who file mental-health petitions.

While trial courts in other parts of the state -- and the country -- complain of the crush of mounting caseloads, the counties of the 32nd seem to be managing to keep pace. While the circuit had 13,243 incoming cases in 2012, the circuit disposed of another 13,404, with 7,811 still pending at year's end.

Judge Syler, who has about 75 defendants scheduled for Cape Girardeau County's law day docket, said they simply go about the business of fairly administering justice.

"If you let yourself get behind, you're going to stay behind," Syler said. "We have the ability and the mentality to get the job done and done right."

smoyers@semissourian.com

388-3642

Pertinent address:

100 Court St., Cape Girard. au, Mo. 2012