Dixon, Mo., refuses to swear in indicted man as marshal

DIXON, Mo. -- Officials in a small Missouri town have refused to swear in a man who was re-elected to lead the police force after he was indicted on 10 felony and five misdemeanor charges.

The Dixon council's decision Monday night came hours after Pulaski County Prosecutor Kevin Hillman sued to keep Mike Plummer, 33, from taking office as marshal, The Springfield News-Leader reported.

A grand jury in Phelps County returned an indictment against Plummer in October. The charges include allegations he manipulated evidence related to the blood-alcohol content of suspected drunken drivers, hindered the prosecution of someone driving while intoxicated, stole emergency vehicle lights and attempted to mislead the sheriff about a stolen-car investigation. His attorney, James Thomas, described the charges as "politically motivated."

Plummer filed to run for re-election in January, a day before his peace officer license was suspended. He then was placed on paid leave from his job leading the police department for the town of about 1,500 residents. Besides the marshal, the department has three full-time officers.

While awaiting a May 31 trial, he was re-elected, receiving 131 of the 342 votes that were cast in a four-way race. His paid leave ceased with the election.

In suing to keep Plummer from taking office, Hillman said without a peace officer license, Plummer lacked the "legal ability to make arrests or order others to make arrests, both of which are required duties of the Dixon City Marshall." If Plummer was sworn in, Hillman said, the individual that did so would be committing a misdemeanor, and Plummer would be committing a felony.

"We would never allow a Circuit Judge who does not have a valid law license or a teacher without a proper teaching certificate to assume their duties, no matter the circumstances, and this is no different," Hillman said in a news release.

Mayor Shawn Wethington said the city is "committed to following the letter of the law in all situations, and especially in this situation, when it comes to the head of the police force."

City attorney Brian Stumpe said Plummer has 10 days to respond to the Monday filing, and the city is hopeful the judge's response will indicate in some way whether Plummer is qualified to be sworn in at the current time.

"We're kind of at a standstill," Stumpe said.

Information from: Springfield News-Leader, http://www.news-leader.com

Pertinent address:

Dixon, Mo.