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NewsJanuary 31, 2007

A prison guard accused of threatening to kill a Cape Girardeau homeowner last month after breaking into his home and smashing items inside with a baseball bat may have his bond revoked. Cape Girardeau County Prosecuting Attorney Morley Swingle filed a motion Tuesday to have the $25,000 bond revoked for James W. Ellington, 36, of 713 Spanish St., after he allegedly violated the conditions of that bond by contacting the victim...

A prison guard accused of threatening to kill a Cape Girardeau homeowner last month after breaking into his home and smashing items inside with a baseball bat may have his bond revoked.

Cape Girardeau County Prosecuting Attorney Morley Swingle filed a motion Tuesday to have the $25,000 bond revoked for James W. Ellington, 36, of 713 Spanish St., after he allegedly violated the conditions of that bond by contacting the victim.

Ellington, a corrections officer at the Southeast Correctional Center in Charleston, Mo., made repeated hang-up telephone calls to the victim for three days after posting bond Jan. 16, according to Swingle's report.

Swingle is asking that bond be revoked and a new $100,000 cash-only bond be imposed.

Ellington is charged with first-degree felony burglary, second-degree misdemeanor property damage, misdemeanor assault and misdemeanor violation of an order of protection. A conviction on the felony charge carries a maximum penalty of 15 years in prison.

According to the probable-cause statement, Ellington approached a William Street home at about 12:30 a.m. Dec. 30 and demanded entry of his estranged wife, who was residing there.

When she refused to open the door, Ellington reportedly kicked in the front door, went back to his vehicle and got an aluminum baseball bat he used to hit property in the home, damaging several items, the report said.

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The report said Ellington ordered his wife to leave with him and threatened to kill the homeowner, calling him "a dead man."

When the man called police, Ellington fled.

Patrol officers later saw Ellington walking near the intersection of Highway 74 and South Kingshighway, the report said. Ellington reportedly began to run away but was caught by police shortly thereafter.

Ellington is still employed at the correctional center at Charleston, Mo., said Brian Hauswirth, chief public information officer for the Missouri Department of Corrections. Hauswirth would not comment further on the status of Ellington's employment, saying only that it is the department's policy to suspend employees charged with felonies.

"I can't comment if he is suspended with or without pay," he said. "His pay status is a closed record."

Hauswirth said Ellington was hired as corrections officer June 1, 2004.

carel@semissourian.com

335-6611, extension 127

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