Kingree avoids charges by returning county case files

VAN BUREN, Mo. -- No charges will be filed against former Carter County prosecuting attorney Rocky Kingree after he returned files belonging to the county.

On New Year's Eve, outgoing Carter County Presiding Commissioner John Bailiff reported several boxes involving the Lance Shockley case had been kept by Kingree, Carter County Sheriff Rick Stephens said.

The files, Stephens earlier said, were to be transferred from Kingree, who ran the prosecutor's office from the same building housing his private law practice, to incoming prosecuting attorney Ernie Richardson.

"Evidently, they utilized the road and bridge guys to actually move [the files]. That's what I was told," Stephens said. "Some of the alleged boxes were in the process of being moved, and the workers were told not to move those."

After an investigation, when Stephens contacted Kingree about the allegations, he invoked his constitutional rights.

Stephens subsequently contacted Kingree's attorney, "who advised that he would contact his client."

On Friday afternoon, Stephens said, he was "advised by the prosecuting attorney that all files had been returned to the property of Carter County."

Stephens said he spoke Monday with Richardson, who won't pursue criminal charges because Kingree returned the files.

The files were those of a 37-year-old Van Buren man who was convicted in March 2009 by a Carter County jury of felony first-degree murder in connection with the March 20, 2005, ambush shooting death of Missouri State Highway Patrol Sgt. Carl Dewayne Graham Jr.

Claiming ineffective assistance of trial and appellate counsel, Shockley, who sits on death row, filed a post-conviction relief motion Jan. 23 on his own behalf seeking to vacate, set aside or correct the judgment and sentence in his case.

That case is pending.

Pertinent address:

Van Buren, Mo.