Cape officer testifies guard punched him

A Cape Girardeau police officer testified Wednesday that he was punched by a prison guard while breaking up a domestic disturbance between the guard and his wife.

Following the preliminary hearing, Associate Circuit Judge Gary A. Kamp ruled there was sufficient evidence to continue in the case against Tommy Tipler.

Tipler, 41, of 651 Napa Circle in Cape Girardeau, has been charged with felony assault of a law enforcement officer, felony resisting arrest, misdemeanor domestic assault and misdemeanor property damage.

During the hearing, Cape Girardeau police officer Greg Chenoweth testified that when he arrived at the defendant's home Dec. 9 in response to a 911 call, another officer was already on scene speaking with a woman who was hanging out of a window shouting for help.

Not knowing if anyone was hurt inside, Chenoweth said, he entered the home and saw Tipler and his wife screaming at one another. Chenoweth and the other officer separated the couple.

Chenoweth said he tried to speak with Tipler in the kitchen about what had happened, but Tipler continuously shouted for Chenoweth to leave.

"No matter what I said to Mr. Tipler, he just became more agitated," Chenoweth said, adding that Tipler had bloodshot eyes and smelled of alcohol.

Tipler then lunged toward Chenoweth, who grabbed his hand and pushed him away.

Tipler lunged again, punching Chenoweth in the jaw. Chenoweth said that while his jaw was sore, it was not bruised or broken and he did not seek medical attention.

The two began to scuffle, knocking over kitchen chairs and breaking a vase, then fell to the floor wrestling, Chenoweth said.

A police corporal who arrived at the scene used pepper spray on Tipler.

After he was handcuffed, Tipler kicked at the officers and at the door of the police car he was placed into, damaging it, Chenoweth said.

Because Tipler was able to post a $10,000 bond and return to work, Kamp ordered him to find a private lawyer because he no longer qualified for assistance from the public defender's office.

Tipler has been placed on paid suspension from his job at the Southeast Missouri Correction Center in Charleston, Mo., according to Wanda Seeney, spokeswoman for the Missouri Department of Corrections.

kmorrison@semissourian.com

335-6611, extension 127