Region briefs 3/15/07

Trial set for guard held for assault, burglary

A prison guard accused of threatening to kill a Cape Girardeau homeowner in December after breaking into his home and smashing items inside with a baseball bat appeared in Jackson court Monday. Circuit Judge Benjamin Lewis ordered a trial date of May 15, with a pretrial conference May 14, for James W. Ellington, 36, of 713 Spanish St. Ellington is charged with first-degree felony burglary, second-degree misdemeanor property damage, misdemeanor assault and misdemeanor violation of an order of protection. A conviction on the felony charge carries a maximum penalty of 15 years in prison. According to the probable-cause statement, Ellington approached a William Street home at about 12:30 a.m. Dec. 30 and demanded entry of his estranged wife, who was residing there. When she refused to open the door, Ellington reportedly kicked in the front door, went back to his vehicle and got an aluminum baseball bat he used to hit property in the home, damaging several items, the report said. The report said Ellington ordered his wife to leave with him and threatened to kill the homeowner, calling him "a dead man." Cape Girardeau County Prosecuting Attorney Morley Swingle filed a motion in January to have Ellington's $25,000 bond revoked after he allegedly violated the conditions of that bond by contacting the victim, but was denied by Associate Circuit Judge Gary Kamp. Kamp did order as a condition of the existing bond, which Ellington had posted, that he could not own a cell phone.

Cape man waives jury trial for assault charge

A Cape Girardeau man charged with second-degree domestic assault waived a jury trial Monday and was scheduled for an April 20 bench trial before Circuit Judge Benjamin Lewis. Joseph E. Copen, 37, of 1122 Ranney Ave., is accused of assaulting his wife Dec. 10, repeatedly striking her in the face with his fists, dragging her up a flight of stairs by her hair, slamming her against a door, choking her with a belt and forcing her to swallow unidentified pills. The victim received treatment at a local hospital. If convicted of the charge, Copen faces a maximum penalty of seven years in prison.

-- From wire reports