Cape man appealing judge's decision not to grant him early release

A Cape Girardeau man convicted of felony arson last year and sentenced to 10 years in prison by a Butler County judge is appealing a different judge's decision to not grant him early release after completing a drug treatment program.

Jeffrey V. Mirgeaux, who was charged in Cape Girardeau County in August 2008, was denied early release from prison last month. Mirgeaux's attorney, Jennifer Booth, filed the appeal with the Missouri Court of Appeals Southern District on July 30.

On July 4, 2008, Mirgeaux set fire to the Lowes and Drusch law firm by drilling a hole in the roof, pouring gasoline in the hole and lighting the gasoline. The fire burned out in the law firm's file room. Mirgeaux was tied to the arson after investigators found a cigarette with his DNA at the scene.

"This is a peculiar appeal," Cape Girardeau County Prosecuting Attorney Morley Swingle wrote in an Aug. 6 letter to the assistant attorney general, who will be represent the state in the appeal. "In fact, it may not even be an appealable order, but I'll leave that research to you."

When Mirgeaux was sentenced in February 2009 by Mark Richardson, presiding Butler County Circuit judge at the time, he was also placed in a long-term treatment program in the prison.

Swingle said Richardson made it clear to Mirgeaux at his sentencing hearing that he was not guaranteeing him an early release. Upon completing the treatment program, the Missouri Board of Probation and Parole was to file a report to the judge recommending whether Mirgeaux be released early.

In the meantime, Richardson resigned from office and Robert Smith was appointed circuit judge. The report, filed with Smith on March 19, said Mirgeaux had completed the treatment program and advised he would be released from prison May 5 unless the court decided otherwise.

Butler County retained jurisdiction on Mirgeaux's case until May 2011 and set a June 8 hearing to decide whether he'd be released on probation, despite an objection from the prosecution. In a letter to Smith dated June 21, Swingle wrote that the victims -- the lawyer whose firm he tried to burn down and Mirgeaux's ex-wife -- are afraid of the defendant.

"The victims and I maintain, as we have all along, that the court should not put them at risk by allowing this defendant early release from prison just because he has been through a treatment program," Swingle wrote. "This was an arson case, not a drug case. He is a dangerous man."

Smith ruled July 2 that Mirgeaux serve the remainder of his 10-year sentence. Eighteen days later, he denied the defense's motion to reconsider Mirgeaux's early release.

The Court of Appeals hasn't said whether it would hear the case.

ehevern@semissourian.com

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