Judge turns down challenge to choice of special prosecutor in case against former Carter County sheriff

VAN BUREN, Mo. -- A judge turned down the Carter County's prosecutor's challenge over the appointment of a prosecutor in the drug case against former Carter County Sheriff Tommy Adams on Wednesday.

Carter County Prosecuting Attorney Rocky Kingree challenged the appointment of the Missouri Attorney General's Office to handle the case.

Associate Circuit Judge Randy Schuller of Wayne County was assigned by the Missouri Supreme Court to hear Adams' case, according to Carter County Circuit Clerk Cathy Duncan Terry.

Schuller's appointment came after Associate Circuit Judge Michael Ligons recused himself last week, two days after he issued a warrant for the arrest of the sheriff, who later resigned.

After being assigned the case, Schuller acted on a motion filed Monday by Kingree seeking a special prosecutor be assigned to the case.

In his application for appointment of a special prosecutor, Kingree cited that he and Adams were both elected officials.

"While this does not necessarily create a de facto conflict of interest; however, the potential for an appearance of impropriety, regardless of its actual existence or absence, exists." Kingree said. "The dignity and legitimacy of the [Adams['] case] would be served by the appointment of Russell D. Oliver, Stoddard County prosecuting attorney, as special prosecutor."

Oliver, Kingree said, has "consented to his appointment" and "is willing to serve and fulfill the duties … Furthermore, [he] has agreed to serve without being compensated for his services."

Oliver, who has been a member of the Missouri Bar since April 2007, has been a prosecutor for four months in the 35th Judicial Circuit, which, like Stoddard County, does not adjoin Carter County or the 37th Judicial Circuit.

Terry said Schuller entered the order Tuesday appointing the Missouri Attorney General's Office as special prosecutor in the case.

That was the same day Kingree filed a "motion to vacate and set aside the order of April 11, 2011, appointing a special prosecutor" in Adams' case.

The motion, signed by Kingree and filed in the Circuit Court of Carter County, has a header, which reads "in the Circuit Court of Stoddard County, Mo."

In the motion, Kingree takes the position that unless he says he has a conflict due to having represented a person in the past that now needs to be prosecuted or the person is a relative, there is no conflict.

Kingree said he does not have a conflict prosecuting Adams, but since both he and Adams were elected officials, there could be the appearance of impropriety.

Since there is no conflict, only the potential for the appearance of impropriety exists, Kingree said. He went on to state he believes he can name who he wants to serve as special prosecutor.

In the motion, Kingree said, he "requested very specific relief" in the appointment of Oliver as special prosecutor.

Adams, 31, of Ellsinore, Mo., reportedly remains in the Cape Girardeau County jail in Jackson on a $250,000 cash bond. He was arrested April 2 on a warrant charging him with felony distribution of methamphetamine.

Arrested as part of an ongoing Missouri State Highway Patrol investigation, Adams is accused of distributing methamphetamine to a confidential informant. He has since resigned as sheriff.

Ligons also recused himself from hearing the cases of former chief deputy Steffanie Marie Kearbey, 23, and Gary W. Bender, 45, both of Ellsinore, Mo.

After Ligons' recusal, Presiding Circuit Judge David Evans entered an order sending the cases to the Supreme Court for the assignment of a new judge. Schuller was appointed Tuesday to hear Bender and Kearbey's cases.

Kearbey is charged with the felonies of receiving stolen property and second-degree burglary, while Bender is charged with four felonies of second-degree arson and two felonies of distribution of a controlled substance.

The charges stem from an investigation by the highway patrol.

Kearbey is accused of possessing a gun allegedly taken from the department's evidence room by Adams and burglarizing an Ellsinore home, allegedly at the request of Adams.

Bender is accused of burning multiple Ellsinore homes in 2010 and 2011, including the modular home of the former sheriff and of distributing methamphetamine to a confidential informant and an undercover officer.

Pertinent address:

Van Buren, MO