Patton teen charged with murder appears in court; fate of his foster brother uncertain

MARBLE HILL, Mo. -- A Patton, Mo., teen accused of killing his legal guardian made his first court appearance Wednesday, while the fate of his 9-year-old foster brother remains uncertain, authorities said.

John W. Wilfong, 17, faces first-degree murder and armed criminal action charges in the slaying of Pamela L. Ackman, a cousin who had been his legal guardian since 2003.

At an arraignment Wednesday morning in Bollinger County court, Wilfong waived his right to a reading of the charges and Bollinger County Associate Circuit Judge Scott E. Thomsen set the preliminary hearing for 1 p.m. Feb. 17.

Wilfong showed no emotion during the proceedings, staring straight ahead and rocking back and forth in his seat in the jury box with two other prisoners.

Ackman was found dead of multiple gunshot wounds Dec. 30 in her Patton residence off Highway 51.

When sheriff's deputies responded to the homicide, they discovered Wilfong and a 9-year-old who also lived in the home were missing, as were the .22-caliber rifle that belonged in a gun cabinet in the residence and the Ackmans' gold 1999 GMC Yukon.

Investigators arrested Wilfong and the 9-year-old at a relative's home the morning after an all-night search.

Wilfong is being held at the Bollinger County Jail on $500,000 bond,

The 9-year-old was transferred to Cape Girardeau Juvenile Detention Center, but he was released to the Missouri Department of Social Services after being held for 24 hours because he wasn't charged with a crime, said Randy Rhodes, chief juvenile officer for the 32nd Judicial Circuit.

Rhodes said investigators typically must meet with juvenile authorities to let them know if a juvenile is suspected of any kind of offense that would be considered a crime if committed by an adult.

Juvenile authorities then determine whether to seek a judgment in the case and gather information about the incident before submitting the matter to a juvenile court. There, if the juvenile is found guilty, a judge might determine placement in Division of Youth Services or another facility.

Juvenile offenses typically involve stealing or being beyond parental control, Rhodes said.

There is little precedent in juvenile courts for determining whether a child younger than 11 can be considered capable of understanding the consequences of their actions in a more serious crime, and Missouri law bars them from being certified as adults.

According to a probable-cause statement, Wilfong told investigators the 9-year-old watched from his bedroom window for Ackman's vehicle and alerted Wilfong when she pulled up, but nothing else has been released about his involvement.

Bollinger County Sheriff Leo McElrath said investigators have not had the opportunity to interview the 9-year-old yet and that he wasn't aware of where the child had been taken by juvenile authorities once he left the juvenile detention center.

McElrath said he wouldn't be able to seek charges without interviewing the boy to determine whether he had been involved in the homicide.

State law prohibits the release of specific information about the juvenile's whereabouts or whether charges have been filed, but the Missouri Department of Social Services is cooperating with Bollinger County investigators, said Brian Hauswirth, spokesman for the department.

"The investigation is still going on, and they're still gathering facts," Hauswirth said.

Hauswirth declined to comment on the procedures involved in the department's cooperation because it would be the same as discussing the child, but he did say the Department of Social Services has had staff in Bollinger County since the homicide occurred.

"This is not something that's common. It's very rare, thank goodness," Hauswirth said.

Hauswirth said he did not know where the juvenile would be transferred to if he is not charged with an offense.

bdicosmo@semissourian.com

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