On Sunday, The Kansas City Star highlighted another shockingly bad piece of police work, which, like the tragedy in Ferguson, resulted in the death of an unarmed man.
This tragic misstep, which occurred May 31 at the Lake of the Ozarks, took the life of 20-year-old Brandon Ellingson, an Iowa resident who was an honors student at Arizona State University.
After a “boating-while-intoxicated” stop, Ellingson somehow ended up in the water — we may never know exactly how — and drowned in 80 feet of water because 43-year-old State Trooper Anthony Piercy not only put the wrong type of life preserver on him but put it on incorrectly.
Reporter Laura Bauer compellingly chronicled the fateful encounter between Piercy and Ellingson, who was with several buddies that day in his father’s boat.
Adding greatly to the compelling nature of Bauer’s story was the inclusion of a photo of Ellingson, which one of his buddies took minutes before he drowned.
In the photo, he is sitting straight up, quietly, looking forward, while Piercy stood several feet away, next to a computer.
Here’s that photo:
Now, here’s the gist of the encounter:
Ellingson and seven high school friends had gone to the lake for the weekend. Saturday, May 31, was their last full day at the lake.
Piercy, who had less than two years’ experience on water patrol, had spent part of the day waylaying boat operators leaving Coconuts Caribbean Beach Bar and Grill on the lake’s Gravois Arm.
He had already nailed at least two other boaters before pulling Ellingson and his group over about 5:30 p.m. Earlier in the day, the bar owner had asked Piercy why he was “harassing” his customers, and Piercy said he was responding to complaints.
Ellingson told Piercy he wasn’t 21 and that he had had a couple of drinks. Piercy took the young man onto his patrol boat. After administering a sobriety test, Piercy cuffed Ellingson’s hands behind his back and, after a few minutes, pulled a Type III, ski-jacket-style life vest over Ellingson’s head. Already buckled, it was slipped over his shoulders, with only his head sticking out.
The vest is not designed to be used that way at all. It is to be put on like a sleeveless jacket, with one’s arms going through the holes on either side, and then being buckled.
A few minutes later, Piercy roared off with Ellingson in tow and leaving a big wake. Bauer didn’t say so specifically, but I have read elsewhere that Ellingson was sitting on a bench in the boat when Piercy took off.
Bauer also didn’t say how far the patrol boat traveled before Ellingson ended up going overboard. However, comparing The Star’s front-page lake map with one I called up on Google Maps, it appears to have been about four miles, maybe a little less.
No witnesses apparently saw Ellingson go overboard, but some did arrive in time to see Trooper Piercy jump into the water — apparently after Ellingson had been in the water several minutes — and try unsuccessfully to save him.
**
The most maddening aspect of this case — even more maddening than the Ferguson, MO, case in which unarmed Michael Brown was shot and killed by a young police officer — is that the Highway Patrol has invoked a gag order.
The Highway Patrol initially said that Ellingson stood, stepped to the right side of the boat and fell or jumped overboard. The patrol first told reporters that Ellingson was seated to the left of the trooper and moved toward the right side of the boat. Later, the patrol changed that account and said Ellingson was to the right of Piercy before going overboard.
The witnesses said that when they saw Ellingson in the water, the life vest was near his head and that it floated away before he went under.
The Highway Patrol has refused to release records related to the incident, and Bauer’s attempts to contact Piercy were unsuccessful.
A “coroner’s inquest” is scheduled for Sept. 4. Bauer said that “in a trial-like setting, six jurors will be asked to determine the manner in which Ellingson dies” — that is, if negligence was involved or a crime might have been committed.
**
First of all, I think the “coroner’s inquest” — whatever form that takes — will be a whitewash. It’s going to be a handful of Ozarkians handing down a judgment after being spoon-fed whatever “facts” the Highway Patrol chooses to divulge.
Second, I wouldn’t trust Piercy’s version as far as I could submerge it, especially since he mangled the life-jacket application and also in light of that photo of Ellingson.
I don’t believe for a second that Ellingson jumped into the water with that boat flying along at maybe 30 miles an hour or so. Sure, he could have been completely blasted and gotten up on his feet and been tossed off the boat as it raced along. But as far as that goes, he shouldn’t even have had the chance to get up: Piercy should have put him on the floor of the boat and he should have had him somewhere where Ellingson was secure and Piercy could see him at all times.
Nope, just like Officer Darren Wilson in Ferguson, Piercy fucked up in a big way, and a promising young man — who should be starting his junior year in college this week — is gone forever. All that’s left is his photo…Take a look at him. And let your heart sink, with mine.
JimmyCsays: At the juncture of journalism and daily life in KC 
1) Training 2) Management
Kaler was an Army military policeman and had, I think, 10 weeks of law enforcement training before being put to work as an M.P.
tragic
I agree, Fitz, this stinks as does the gag order. That said, I’m going to go out on a limb here and predict that there will be no riots, no looting, neither the president, nor Holder will come to town, and Jackson and the Giant Talking Head won’t be within microphone distance of any discussion of the event.
Thanks for bringing this to our attention. I would have missed it had it not been for this column.
Trooper Piercy won’t face criminal charges, but I think the family would have a good chance to win a wrongful death lawsuit…not that that would fill the huge hole in their hearts.
Given that the cop installed a life preserver improperly on a man he had rendered otherwise helpless, I’m thinking major lawsuit, probably settled out of court very quickly. Some lawyer will get rich off this one.
Jim,
I have not read or heard many facts in the Ferguson case. Not because I do not want to know the details, but a medical surgery within the family has kept me in my hospital rooms with relatives for several days. The Missouri Highway Patrol should not gag anything. They should want answers. Our officials owe us the truth. Prayers to everyone involved.
I hope your relative makes a good recovery, Larry. I know how dedicated you are to your family.
Fitz, thanks for posting this. It is an utterly tragic story and I commend my friend and former colleague Laura Bauer for her work. Police apologists, of course, are going to cite this as another example of the media hating on law enforcement. But I think reasonable-minded people see a frightening pattern of people dying at the hands of badly trained and belligerent cops _ Brandon Ellingson, Michael Brown, Anthony Bruno just to name a few (and they all have occurred in Missouri).
On another note, I think it is absolutely pathetic and disgusting that Mr. Altevogt has to unnecessarily inject his right-wing political comments and name calling into this thread. What the hell do Jesse Jackson and Al Sharpton have to do with this tragic drowning? Absolutely pathetic!
She did a really good job overall, but she should have made a point of saying where Brandon was positioned when the patrol boat pulled away; she should have said how far the patrol boat traveled before Brandon went over; and she should have told the readers whether she tried to get ahold of his parents. The story cried out for a comment from them…It is a very long story, and maybe Laura had one of those elements in there, but I don’t think so.
Finally, in my opinion, she should have made a stronger effort to contact Piercy. Morgan County only has 20,000 people, and it sounds like Piercy lives in Versailles. It would have been worth a trip to Versailles. If she had found him, just reporting his reaction to being confronted would have been worth the trip, for the readers’ sake. The tendency, when writing takeout stories that point a strong finger of blame, is to make the obligatory phone call or calls and tell the editor, “I can’t reach him.” I did the same thing more than once, but when you’ve really got a great story and the pivotal party is not that far away, you should get on your horse and ride.
You made a connection between this case and the Brown case and so why would it be unrealistic for me to expect Jackson and Sharpton to express similar concerns for this travesty if they’re actually interested in justice and not just hustling racial divisiveness?
Perhaps you could understand that expectation were you not blinded by your hateful intolerance for any views not your own.
JIMMY…
GET ON YOUR HORSEE’; WE GOTTA GET THIS STORY STRAIGHT. YES, IT IS A TRAGEDY BUT BEST LET THE AUTHORITIES DO THE INVESTIGATION; NO NEED FOR W.A.S….THAT’S “WILD ASS SPECULATION” FOR THOSE NOT INFORMED. AND, JOHN IS CORRECT, NO RIOTS, NO BURNING, NO LOOTING, NO JACKSON, NO SHARPTON, NO HOLDER AND NO OBAMA. NOT EVEN A SYMPATHY CARD FROM THE BUNCH. NO INTEREST BECAUSE “THEY” WILL GET NO POLITICAL CAPITAL FOR THE EFFORT. AS FOR CONFRONTING THE WATER PATROL OFFICER CONCERNING THE INCIDENT…POINTING THE “FINGER OF BLAME”, HEAD ON OVER TO VERSAILLES…IT’S REAL CLOSE TO BENNETT SPRINGS. YOU COULD GET SOME TROUT FISHIN’ IN..I KNOW YOU HAVE THE TACKLE!
The tackle has been doing what it was doing at your place, Fred — lying on a shelf with the fly line getting increasingly brittle from lack of use. Pi-ti-ful.
The New York Times had excellent profiles today — separate, A-1 stories — of Officer Darren Wilson and Michael Brown.
Here are the links, in case you have the time to read them:
Multiple emissaries from the White House attended the funeral of this drug besotted thief and yet not one showed up for the funeral of a general killed on the field of battle. If that doesn’t demonstrate the perverse priorities and values of this regime, nothing will.
How do we explain to our children the value of patriotism, service to others and defending one’s country when a common street thug is given more recognition from our resident golf pro than a man who died in service to his country and its citizens?
Nobody gets paid to criticize Al Sharpton. That’s because it’s not really work.
Here’s one you might be interested in.
http://www.washingtontimes.com/news/2014/aug/25/critics-see-racial-double-standard-in-coverage-of-/
How ’bout some GOOD news for a change of pace?
Fitz, isn’t it about time for your birthday? Shouldn’t we be having a sing along for you? Surely someone has one we can celebrate for a kumbaya moment.
I just had my 26th anniversary on the 20th. For me that’s not only good news, it’s a miracle. how bout them apples?
Congrats, John on your 26 year anniversary. A good woman (or man, for that matter) is hard to find these days. Hope you are able to spend another 26 years together, God willing. My wife and I have been married for 14 and a half years and have been together for a little over 19 years. I couldn’t imagine life without her.
Happy anniversary, John…Now I can see why you’ve been so upbeat lately (!).
I’m sure that the entire Comments Dept. gang joins in wishing you same. I’d throw a party, but I’m afraid fisticuffs might break out between Jason and Jennifer, and we couldn’t have that. Mr. Wallace doesn’t go to parties, so he’d be AWOL, and my friend Larry Luper is pretty hard to run down, because he bounces from sporting event to sporting event and one C&W concert to another. Tom Shrout would love to attend but he lives in St. Louis so he’d be hard pressed to make it, and Kaler…well, I guess you can see from Comment No. 1, above, that he’s kind of reserved. Not sure the merriment level would rise to expectations…so I guess I’d better get back to the grindstone and try to come up with some GOOD news to keep Jason happy.
Anyway congratulations on the happy 26th — no small accomplishment in any era.
Jim, yesterday was my 42nd birthday. I would consider it a present if you could come up with something that we could all agree was something good to talk about. I know it’s a tall order, but I’m tired of all the bickering. :(
By God, Jason, we just might have to have a party. Let’s have it at your place — in the Value Auto Clinic garage at McGee Trafficway and Gillham. If things turn nasty, there’ll be plenty of heavy, high-end tools we can throw at each other.
And now, Jason, if you’ll flip the page and direct your attention to the latest post, I think you’ll be a happy man…Happy Belated Birthday!!!
Thank you for shedding more light aggressively on my cousin’s case. It was nice to see an article where someone wasn’t afraid to put everything out there. This needs to be known to many people what happened so Brandon can get justice and so others don’t lose their lives due to lack of training or competency.