Judge denies dismissal motion; embattled sheriff remains out of office for now

CHARLESTON, Mo. -- Embattled Mississippi County Sheriff Cory Hutcheson remains barred from his elected office while a legal fight continues in circuit court.

Judge William Syler, who issued a preliminary order banning Hutcheson from office earlier this month, denied a defense motion Friday that sought to quash the order and dismiss the quo warranto petition filed by the Missouri Attorney General's Office to oust the sheriff from office.

Syler's ruling came after a lengthy hearing in Mississippi County Circuit Court. The ouster case now will be tried in court.

Hutcheson posted a statement on Facebook after the ruling.

"The court denied the motion to allow me back in office pending disposition of the ouster case but said it was not a final decision," he wrote. "I respect the court's decision and look forward to presenting my side of the story at trial."

Missouri Attorney General Josh Hawley filed a petition May 9 to have Hutcheson removed as sheriff after the death of a Mississippi County jail inmate.

Syler issued the preliminary order that evening. Until then, Hutcheson had continued to handle administrative duties as sheriff while facing criminal charges.

The Attorney General's Office filed criminal charges of assault, robbery and forgery against Hutcheson in April.

Hutcheson's lawyer, Thomas Rynard, argued the sheriff should not be barred from office when the criminal case is pending.

"Right now, he is being beaten up in the public and in the courtroom," Rynard told the judge.

Drew Juden, director of the Missouri Department of Public Safety, suspended Hutcheson's peace-officer license in April after criminal charges were filed.

But Rynard argued in court Friday that Hutcheson still has a valid license, just one that is suspended.

"We do not agree with the Attorney General's Office that a peace-officer license is required to be sheriff," Rynard told the judge.

Suspension of the license is "not a valid reason for ouster," Rynard said.

But Syler said, "I am concerned about the fact he doesn't have his license."

Assistant attorney general Dean John Sauer argued the suspension means the sheriff does not have a valid peace-officer's license. As a result, Hutcheson should be removed as sheriff, he told the judge.

Rynard, however, said the license issue is under appeal in Cole County Circuit Court in Jefferson City.

Sauer said in addition to the suspended license, Hutcheson should be removed from office on grounds of neglecting duties with the operation of the jail and committing "a willful act of misconduct, malfeasance" by submitting a false probable-cause statement connected to the criminal case.

Sauer said it "would not serve the public interest" to allow Hutcheson to remain as sheriff while the criminal case proceeds.

But Rynard said the attorney general should not be allowed to seek the sheriff's ouster when his client has not been convicted.

Sauer said Hutcheson's misconduct was "egregious," including a criminal charge he assaulted an elderly woman.

But Rynard countered the woman "assaulted him first."

Sauer said Hutcheson neglected his legal obligations to train and supervise employees at the Mississippi County Jail, where three deaths have occurred in the past three years. Two inmates died. The other case involved an inmate who gave birth to a stillborn son.

Rynard said Hutcheson cannot be ousted as sheriff on the basis of what occurred when he was jail administrator. Two deaths occurred when Hutcheson ran the jail.

The last death, involving a man in custody, occurred earlier this month when Hutcheson was sheriff and while his license was suspended. But Rynard said that incident is still being investigated.

"There is no requirement in law that a jailer or a person administering the jail has to hold a peace-officer license," Rynard said. "There is no violation."

The fact "something occurred in the jail" should not be the basis for ousting the sheriff, Rynard said.

mbliss@semissourian.com

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