County prosecutor Mark Welker speaks about the importance of cooperative victims in cases to Gun Violence Task Force

Cape Girardeau County Prosecuting Attorney Mark Welker spoke at the Gun Violence Task Force meeting, discussing details of the prosecution process and its roadblocks Thursday, Aug. 22, at City Hall in Cape Girardeau.

Welker spoke to the committee about the first stages in a case which is the preliminary hearing. He said, within that time, he has to prove the person “probably” committed the crime, which usually happens in the first eight weeks of a case.

“We subpoena witnesses to show up to prove that this individual probably committed this crime. If that witness or victim doesn't show up, then we have to dismiss this case,” Welker said.

He said the only way around it is if some other type of evidence is obtained. The attorney then stated he has been successful with video-camera footage, including ring cameras.

Welker said a struggle “on a daily basis” occurs whether the victim of the crime is cooperative or not. He said people often don’t see that the subpoenaed victim doesn’t show up in court.

He even went on to say law enforcement might go to a person’s door to investigate the crime and the person refuses to answer the door.

Mayor Stacy Kinder asked Welker how that process would go if someone was shooting off a gun within the city and the police found shell casings.

“Without an actual witness or something more, I can't just have law enforcement showing up and saying, 'We found gun casings.' ShotSpotter picked it up, there has to be something more,” Welker said. “We have to have some type of identification. So, law enforcement has to be able to show that they know that individual through their encounters, previous encounters with that individual.”

Committee member and licensed clinical social worker Laura Bain-Selbo asked Welker if there’s more protection offered to victims who testify.

“I can imagine that one of my fears might be, this guy's going to be out a few months. What's going to keep him from coming after me?” Selbo said.

Welker said there isn’t really a lot of protection, but the victim is notified if the person who has committed the crime is released. He said once charges have been filed in a case, he will have the office’s victim advocate involved in the process and get in touch with the victim.

In response to a question about domestic abuse involving guns from co-chair Adam Kidd, Welker said when they know of a case or victim, they make sure they are providing services to them. Welker said the biggest thing for his office is it has to actually know about it in these cases.

Welker said many victims don’t know their rights or that Safe House of Southeast Missouri is a resource they could use.

“I think those are sometimes the issues that they just are scared to deal with themselves. And this is not an issue that is new. I mean, this issue has been ongoing forever,” Welker said.

The next Gun Violence Task Force meeting will be Thursday, Sept. 19.

The committee members include co-chairman and president of Kidd Oil Co. Adam Kidd; co-chairwoman and executive director of Safe House of Southeast Missouri Jessica Hill; Cape Girardeau Public Schools superintendent Howard Benyon; Cape Girardeau Public Schools assistant superintendent Josh Crowell; Cape Central High School counselor Nita DuBose; development director of Southeast Missouri Network Against Sexual Violence Alix Gasser; Cape Girardeau Area Chamber of Commerce president Rob Gilligan; Ritter Real Estate’s Jared Ritter; Cape Girardeau Central High School principal Nancy Scheller; Broadway Pharmacy owner Lee Schlitt; licensed clinical social worker Laura Bain Selbo; Community Partnership of Southeast Missouri executive director Melissa Stickel; Lighthouse United Church senior pastor Adrian Taylor; Cape Girardeau County Presiding Commissioner Clint Tracy; former City Council member Shannon Truxel; Southeast Missouri State University president Carlos Vargas; Jefferson Elementary principal Amber Walker; Cape Girardeau Police Department retiree Lynn Ware; Moms Demand Action’s Leslie Washington; and Cape Girardeau Public Schools district registrar Tina Wright.