SCOTT PROSECUTOR BLAMES CHARGE MIX-UP ON TYPO

BENTON, Mo. -- A typographical error in the original complaint filed against two men accused of killing Willie Mae Vasquez led Vasquez' daughter, the Scott County Sheriff's Department, the media and even the lawyer representing one of the suspects to think the men had been charged with first-degree instead of second-degree murder, the Scott County prosecutor says.

The charges against the two men arrested in the death of Vasquez, of Scott City, Mo., have always been second-degree murder, Scott County Prosecuting Attorney Cristy Baker-Neel said. But when filed, the original complaint mistakenly was labeled "1st Degree Murder," she said, although its content was for second-degree murder.

Only the content of a complaint matters legally, the prosecutor said.

The error was corrected before the two men appeared in court Aug. 15 by amending only the title of the complaint, Baker-Neel said.

Cousins Gary W. Biggs, 36, of Scott City and Charles "Scott" Biggs, 31, of Cape Girardeau have been charged with killing Vasquez.

Susan Steel, Vasquez' daughter, has said she found out only Friday that the charges against the men are for second-degree murder and not first-degree murder.

Baker-Neel said she did not think to notify Steel of the error, but she doesn't know why Steel didn't know what the actual charges were.

"The sheriff's department knew we were going to file it as a second-degree murder," the prosecutor said.

Scott County Sheriff Bill Ferrell disagreed. He said his department also thought the men had been charged with first-degree murder.

Christopher Davis, Gary Biggs' public defender, also was under the impression that his client had been charged with first-degree murder.

Baker-Neel said she talked to Steel and to the crime victims' advocate last week to explain the misunderstanding and why the charges are for the lesser crime of second-degree murder.

"We'll do anything we can to help her," Baker-Neel said.

Steel has been critical of Baker-Neel's handling of the case, insisting there is ample evidence of premeditation necessary to warrant first-degree murder charges.

In a letter to the Southeast Missourian responding to Steel's complaints, Baker-Neel says notes, investigation memoranda, physical evidence and a videotape of Scott Biggs' statement have not been turned over to her by the sheriff's department.

Baker-Neel said the Scott County Sheriff's Department delivered the reports on the case only Monday.

"I usually don't file those kind of cases without the reports in front of me," she said.

Baker-Neel said Tuesday she has not yet had a chance to go over the reports.

The sworn affidavit, which was all she had to go on until Monday, did not include any information about premeditation, she said in her letter.

"Until I am presented with evidence of premeditation, I am ethically, professionally and legally obligated to refrain from overcharging the evidence."

But the sheriff's department is still investigating the crime, she said. "It's a very real possibility that the charges will be dismissed and refiled," she said.

Ferrell said a preliminary report with probable cause was given to Baker-Neel on the day the charges were filed. "She also got the preliminary paper work," he said.

He said it's too early in the progress of the case to turn over items such as the videotape. The preliminary hearing for the two men is scheduled for Sept. 20.

Ferrell does not think his department has been slow to present its reports to the prosecuting attorney. "It's the amount of time it takes to make a presentable case," he said.

Asked if the case has caused friction between her office and the sheriff's, Baker-Neel said, "You'd have to ask him."

Ferrell said no conflict exists. "We just make the cases and present them to her for prosecution."