I could be wrong but I have very low expectations for the coroner’s inquest that will take place tomorrow, Thursday, in Versailles, MO, regarding the drowning death of Brandon Ellingson.
In all my years in journalism, I never witnessed a coroner’s inquest, but, nevertheless, and I can’t imagine any startling revelations or determinations coming out of the one tomorrow.
As The Star’s Laura Bauer said in her back-to-back, front-page Sunday stories, six jurors will hear testimony, and they will be asked to determine the manner in which Ellingson died.
The Morgan County prosecutor, Dustin G. Dunklee, will take the jury’s determination under advisement and decide whether charges should be filed.
M.B. Jones, Morgan County coroner, told Bauer that the inquest would serve as an independent review of the case. Among the issues likely to be addressed, he said, were the type of life vest that Highway Patrol Officer Anthony Piercy used and how he put it on Ellingson. (He used the wrong kind and put it on incorrectly.)
Jones said jurors will likely hear more about the Highway Patrol’s water-safety protocols and procedures.
There are three reasons I’m not optimistic about the jury getting to the bottom of the case.
Dustin Dunklee
First, this is strictly a local affair where most of the players know one another. The jurors, who have already been chosen, may well know one another. This is a county of about 20,000 residents, so nothing like Jackson County’s 674,000. The prosecutor, Dunklee, is a local lawyer who was elected in 2010. He’s probably in his upper 30s and most likely has never been involved in a case of this magnitude. Moreover, Trooper Piercy has a higher-than-average profile locally, having been on the school board of the Morgan County R-II district since 2012.
Second, Jones, the coroner, hinted at a foregone conclusion in a quote he gave to Bauer:
“That boy shouldn’t have died. We can’t bring him back, but maybe we can make changes.”
I don’t know about you but it sounds to me like Jones thinks has already concluded it was an accident and that if Piercy was guilty of negligence, it didn’t rise to the criminal level.
Third, it appears that there were no witnesses to contradict Piercy’s assertion that Ellingson stood up, moved toward the side of the patrol boat and either fell or jumped into the water, as Piercy zipped along at who-knows-how-many-miles-per-hour over choppy waters.
(Side note here: I don’t know if Piercy is going to testify — Jones has said he intends to call four witnesses — but if he doesn’t, you can write the inquest off as a total whitewash.)
At least one of Ellingson’s parents, father Craig, told Bauer he planned to attend the inquest.
“These jurors, they need to put themselves in my place,” he told Bauer. “Would they want their son put in a boat like that, be treated like that?”
I think these jurors, while they might want to put themselves in Craig Ellingson’s place, will be more inclined to protect their own. This is the Ozarks; these folks stick together.
Another good blog Jim. I think you are right to suspect a whitewash, even with regional scrutiny and outrage. There was a Frontline on PBS this weekend, “A Death in St. Augustine,” (http://www.pbs.org/wgbh/pages/frontline/death-in-st-augustine/) about a probable Good ole Boy whitewash by the police in a domestic violence case involving a police officer in Florida. Different type of case but same idea, very compelling.
There is a vast difference between a local court (one thinks of our infamous Wyandotte County Common Law) and a civil rights action brought in federal court. Ultimately, that’s where justice for the family will be meted out.
As predicted…hate to see you being right this time, Jim.
On the face, it is a petty crime with sloppy police work leading to a death.
The facts should speak out loud and clear if we are to put any amount of trust in those we hire to enforce the law.
The lack of training, acknowledged by Piercy on the witness stand yesterday, is truly shocking. How could that possibly happen? Total ineptitude.
Also, attesting to the seat-of-the-pants nature of the inquest, the coroner apparently decided on the spur of the moment to allow the demonstration of how Piercy applied the life jacket. The demonstration took place even before Craig Ellingson and his attorney were back from lunch. Shouldn’t someone have had the presence of mind to say, “Mr. Ellingson will be interested in this; let’s wait a few minutes.”
On the other hand, I was surprised that Brandon’s blood alcohol level was so high. It’s possible he became disoriented and stood up when Piercy slowed the boat for the oncoming waves. In any event, Brandon should be alive, and Missouri taxpayers are going to pay a considerable sum to the Ellingson family…State officials need to reverse the merger of the Water Patrol and the Highway Patrol and let water patrol officers work the water and highway patrol officers work the roads. What a pathetic, embarrassing mess for our state. But I want to assure Craig and Sherry Ellingson that some of us Missourians will keep you in our prayers for a long, long time. I would love to have met your son.
That was quick. I just saw the headline in The Star at a gas station. Off to federal court for a real hearing.
And so it begins. http://www.kansascity.com/news/local/article1875778.html
On one of the earlier posts, another commenter linked to that story.
It all unfolded as the Highway Patrol hoped it would…I wondered all along how hard and how urgently Piercy tried to save save Brandon. Of course, not knowing much about the water, he probably wasn’t too keen on going in regardless. He’s a highway guy, after all.
Brandon Ellingson will be to Jay Nixon what Willie Horton was the Michael Dukakis.
I wish this case could have that kind of impact at the state level, but I really doubt it. I don’t think this story is resonating very far outside of Kansas City, and it’s only resonating here because Laura Bauer got ahold of it and won’t let go. It will take a much farther-reaching clamor to awaken Jay from his latest slumber, having fallen back asleep after the Ferguson fracas.
Jim, I am a friend of Brandon’s mom. I live in the Des Moines area. I want to thank you for your interest in Brandon’s story, and tell you that it is resonating up here as well. This is Brandon’s hometown after all, and he was a wonderful kid and a great leader at his high school. Our local news channels don’t have any difficulty finding file photos of Brandon, because he was in the news here! He was an academic leader (4.0), a football leader and stand-out, and he was voted Prom King at a school of over 2,500 students. I could go on and on, but like the marble plaque dedicated to him at the football stadium says; above all – he was such a good person and a great friend. I am hopeful that this story WILL have an impact at the state level, and ultimately bring about some big changes. Jim, I hope you know that there are many people up here following your articles, and eagerly anticipating your next one. We are counting on you and Laura to continue your pieces. We are so grateful that two journalists have taken this on, and give all of us something to post, forward, share, etc.
Thank you
Thanks for writing, Dawn…I have been out of town until this evening — at my 50th high school reunion in Louisville, Ky. I am very grateful to have had thousands of views on these stories from people who knew Brandon or knew of him. At any number of junctures, events could and should have turned away from death in the water. Brandon made the first mistake but, from there it was all Anthony Piercy. It shows once again how, whatever your job is, you have to be constantly vigilant. Trouble comes in a second, and when it comes, you’ve got to be thinking straight and using good judgment, especially in law enforcement. In Missouri, Anthony Piercy at Lake of the Ozarks and Darren Wilson in Ferguson have shamed their badges. Both have shown they are not qualified to wear it.
Jim: Did something come out on the Ferguson case that I missed? Your comment about Officer Wilson sounds like a rush to judgment.
Nothing new, Gayle. I have believed from Day One that Officer Wilson instigated the trouble in Ferguson because of the manner in which he approached Brown and Johnson, and I have believed all along that shooting Brown dead was totally unnecessary and a gross overreaction to whatever threat Officer Wilson might have faced from the unarmed young man. If that’s a rush to judgment, I’m in good company, with millions of Americans believing the same thing.
I’m with you on this one and believe the jury is still out on Ferguson. However, I am glad that you are pursuing both stories and providing a forum where we can respectfully discuss all of the evidence in a civilized manner. That alone makes your blog a unique and valuable resource for our community.
I guess it all depends on whom you’re punching…Ray Rice is seen as a monster for hitting his wife, but Brown is martyred for hitting a cop.