CHARLESTON, Mo. — Mississippi County Sheriff Cory Hutcheson should have his bond revoked because of the death of an inmate in the county jail, Missouri assistant attorney general Gregory Goodwin told a judge Thursday.
At the end of the hearing in Mississippi County Circuit Court, Judge Gary Kamp took the matter under advisement.
Kamp said he expects to rule on the motion within the next several days.
Goodwin told Kamp that Hutcheson violated the civil rights of Nashville, Tennessee, resident Tory Sanders, who died May 5 while in the custody of the Mississippi County Sheriff’s Department.
But Hutcheson’s lawyer, Scott Rosenblum, said the attorney general’s office has presented no evidence to support that claim.
Goodwin argued Hutcheson, who had been barred from performing law-enforcement duties while facing criminal charges of assault, robbery and forgery in another case, led officers into Sanders’ jail cell.
Hutcheson’s actions led to Sanders’ death, Goodwin said at the hearing.
Hutcheson came to the jail and took charge of the situation, Goodwin said.
“He was clearly in command of the situation,” the prosecutor added.
“When Mr. Hutcheson left the cell, Tory Sanders was dead,” Goodwin said.
Goodwin said Hutcheson also issued “directives” to sheriff’s deputies even though he was not supposed to do so.
But Rosenblum said there is no evidence to show Hutcheson’s actions led to Sanders’ death.
“We have no autopsy,” he told the judge.
Sanders was “highly agitated” and “drug addled,” Rosenblum said, adding the inmate apparently needed psychiatric help.
Rosenblum said nine or 10 officers were on the scene.
They were trying to move Sanders, who was refusing to cooperate, Rosenblum said, adding Sanders did not want to be placed in restraints.
“They had a highly volatile situation on their hands,” he said.
Rosenblum said Hutcheson, the county’s former jail administrator, did not act as a law-enforcement officer but as a jailer.
Goodwin said it is “frankly ridiculous” for the defense to argue Hutcheson was not directing the actions of officers at the jail, but rather giving suggestions on how to handle the situation.
The prosecutor said Hutcheson also has issued “directives” to sheriff’s deputies, even though he is under court order not to do so.
But Rosenblum said his client has not been directing the actions of the deputies but has been in contact with them as a friend.
“He has been friends with many of them his whole life,” Rosenblum said.
Earlier this month, the Mississippi County Commission named chief deputy Branden Caid as acting sheriff. Mississippi County Coroner Terry Parker previously served as acting sheriff after the Missouri Department of Public Safety suspended Hutcheson’s peace-officer license.
Judge William Syler on May 9 issued a preliminary order banning Hutcheson from office in response to a petition from Missouri Attorney General Josh Hawley seeking to remove the sheriff from office even as the criminal case is pending.
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