Charges against Stoddard County registered sex offender dropped

BLOOMFIELD, Mo. -- Citing human error, Stoddard County Prosecuting Attorney Russ Oliver announced Monday that charges have been dropped against Gerald Barker, the Bloomfield man arrested Feb. 2 and charged as a sex offender living within 1,000 feet of a school.

Oliver states in his Monday news release that charges were dropped "because it appears that there was no technical violation of the law."

At the time Barker was charged, Oliver received information from Bloomfield police chief Cheryl Malone, stating Barker moved into his Bloomfield residence with a preschool already having been established next door.

Malone reportedly had inquired with a local utility provider as to the date utilities were placed in Barker's name at the residence. Although that date was determined to be some time after the preschool had opened for business, upon further investigation it was revealed Barker actually had resided there some weeks prior while he was making repairs to the home before having the utilities put into his own name.

Under Megan's Law, it is a felony for a registered sex offender to reside within 1,000 feet of a school. The law stipulates, however that no charges will be brought against a person whose residence was established prior to a day care or school facility coming into the area. Barker had been convicted of a sexual-related offense in Florida in 2000 and had, as required, registered all pertinent data with the Stoddard County Sheriff's office, including his change in residence last fall.

Oliver said he acted in the best interest of children attending the preschool near Barker's home when he filed the charge against Barker.

"This office takes the protection of children from sex offenders very seriously and any sex offender moving next door to a day care demands swift and immediate action when it is revealed," he said. "In order to move quickly, I have to rely on the information provided to me by law enforcement officials."

That information, Oliver says, "ultimately was revealed to be inaccurate."

Barker appeared in court shortly after his arrest at which time he was released from custody on his own recognizance. He had been scheduled to be back in court this Thursday.

Pertinent address:

Bloomfield, MO