Court overturns sentence of former police officer in death of MU student

KANSAS CITY, Mo. -- A state appeals court Friday overturned the conviction of a former Columbia police officer serving a life sentence for the death of a University of Missouri-Columbia student with whom he had an affair.

A Clay County jury convicted Steven Rios, 30, in May 2005 of first-degree murder and armed criminal action in the throat-slashing death of Jesse Valencia, 23. Rios was not eligible for parole under the sentence imposed in July 2005.

In overturning the conviction, a three-judge panel of the Missouri Court of Appeals' Western District found the trial court erred in allowing the admission of two hearsay statements that offered possible motives for the crime.

Morley Swingle, a special prosecutor from Cape Girardeau, said the Missouri Attorney general's office would seek to move the case to the Missouri Supreme Court. If the state high court doesn't overturn the appeals court decision, then prosecutors will try the case again, he said.

"It is a case of general importance," Swingle said. "This hearsay issue comes up often, especially in domestic violence cases."

Rios will remain in custody, he said. Court records show Rios is imprisoned in Minnesota.

Department of Corrections spokesman Brian Hauswirth said Rios was sent to another state because of concerns about having a former officer serving time with people he may have arrested.