Ex-police chief faces six years for 1997 slaying

ST. JOSEPH, Mo. -- Five years after shooting his neighbor to death, former Police Chief James Robert Hays Sr. has been jailed.

Hayes turned himself over to authorities Tuesday, hours after a court rejected his appeal of his involuntary manslaughter conviction.

Hayes was sentenced in May 2001 to six years in prison on charges of involuntary manslaughter and armed criminal action in the June 1997 death of Tony Coone, 26. It was Hayes' second trial in Coone's death.

Hayes claims Coone attacked him with a hammer and the shooting was self defense.

He had remained free on bond pending the outcome of his appeal to the Missouri Court of Appeals for the Western District.

Once the court upheld the conviction, Hays had no substantial legal right to again be free on bond.

Hayes' attorney, Hugh Kranitz, said he would continue to "aggressively" pursue legal remedies for his client.

Coone's family, meanwhile, said waiting for Hayes to be incarcerated has been difficult.

"There is not a good ending for this story," said Coone's uncle, Steve Bosch. "A kid lost his life and a man is incarcerated. It's not a happy ending, but it makes us feel better about the justice system ... It's been a long, long time waiting for this day. Justice prevailed on this one."

A previous jury convicted Hayes of involuntary manslaughter and armed criminal action in March 1998, and a judge sentenced him to 14 years in prison. Jurors in that trial could have convicted Hayes of second-degree murder.

The Missouri Court of Appeals later ruled that the trial court gave improper instructions to the jury and another trial was ordered. The court said jurors should have been told that if Hayes was innocent of second-degree murder because he acted in self-defense, the jury was required to acquit him of involuntary manslaughter.

Jurors in the second trial were not given the option of convicting Hayes of second-degree murder. They recommended a sentence of two years for the involuntary manslaughter conviction and four years for armed criminal action.

Tim Kniest, a spokesman for the Missouri Department of Corrections, said that Hayes must serve at least two years before being considered for parole.

During the next 30 to 60 day, Hayes will be evaluated at the St. Joseph prison, Kniest said.

Because Hayes is a former law enforcement officer, the corrections department is considering keeping him separate from other inmates or transferring him to another state, Kniest said.