Prosecutor to defense attorney: 'We can add that count'

What began Monday as a plea deal reducing a felony charge to a misdemeanor may end up with the defendant receiving another felony charge.

Larry Gene Hottel, 44, of Whitewater originally was charged with felony second-degree domestic assault, felony unlawful use of a weapon and felony resisting arrest stemming from incidents Thanksgiving afternoon and evening.

According to probable-cause reports, Hottel choked and hit his daughter in the head about 1:30 p.m. Nov. 26. Several hours later, Hottel was reported to be screaming threats at nearby neighbors, including that he would kill their entire family. He then started firing his gun into the air, according to the report.

He ran away from Cape Girardeau County sheriff’s deputies when they arrived and was hit with a Taser when he did not comply with their instructions, according to the report.

Assistant public defender Erin Bradley said Hottel had intended to take the state’s plea offer of third-degree misdemeanor domestic assault and waive a preliminary hearing, but the unlawful use of a weapon charge was a separate case, and Hottel intended to go to trial with it.

In the interest of keeping the two cases together, Bradley decided to ask for a bond reduction. Hottel’s bond in the unlawful use of a weapon case was set at $10,000 cash only, and in the domestic assault case it was set at $20,000 cash or surety.

Bradley said the last time Hottel was in trouble with the law was 2006.

“The resisting arrest charge was thrown out because of lack of probable cause,” Bradley said.

Assistant Cape Girardeau County prosecutor Angel Woodruff responded by taking back the amended misdemeanor charge in the domestic assault case, saying the state will add a misdemeanor charge of resisting arrest in the unlawful gun case and opposing the bond reduction based on Hottel’s past criminal history. She read off a list of Hottel’s previous charges that included felony driving while intoxicated, animal abuse and felony theft.

Woodruff clarified the unlawful gun charge stemmed from an alleged dispute with a neighbor.

“He was on his property, and if there was a weapon, why wasn’t he charged with felony possession?” Bradley said.

“We can add that count,” Woodruff said. “Thank you for making a note of that.”

Judge Benjamin Lewis denied the bond reduction and continued reviews of both cases to March 14.

bkleine@semissourian.com

(573) 388-3644

Pertinent address: 100 Court St., Jackson, Mo.