A special prosecutor said Monday that she has decided not to file criminal charges in the death of Brandon Ellingson, who drowned in the Lake of the Ozarks while in the custody of a Missouri Highway Patrol trooper.
Osage County Prosecutor Amanda Grellner said she would follow the finding of a Morgan County inquest last week that Ellingson's death was accidental and not the result of a criminal act.
"I do not believe that it meets the legal definition of reckless," Grellner said. "Criminal recklessness is different than negligence. Do I believe there was negligence here? There's no way to not find negligence, but it doesn't reach criminal recklessness."
Grellner said she had faxed a letter to the Highway Patrol late Monday morning.
The head of the Highway Patrol, Col. Ronald K. Replogle, sent out a statement:
"First let me say that our thoughts and prayers go out to the Ellingson family on the loss of their son, Brandon," Replogle said. "This was a tragic event and many lives, including the family, officers, and witnesses, have been dramatically affected and changed forever."
"... As with any critical event, I wanted to personally assure the public the Patrol will continue the review of all procedures related to this incident."
Grellner's decision came the same day The Star published a story in which two witnesses on the lake on May 31, the day Ellingson drowned, said they were shocked that they were not called to testify at the inquest.
Larry and Paulette Moreau of Hartsburg, Mo., told The Star that they came upon the boat operated by Trooper Anthony Piercy shortly after Ellingson entered the water, with his hands cuffed behind his back and wearing a type of life vest that could not be properly secured on a handcuffed person.
The Moreaus said Piercy showed no urgency in helping Ellingson, who had separated from the life vest. Piercy didn't turn on his red lights and didn't motion to them for assistance, the Moreaus said. Thinking the trooper had everything under control, and not realizing Ellingson was handcuffed, the Moreaus continued on their way.
A short time later, Ellingson, 20, of Clive, Iowa, was dead.
The Moreaus gave accounts to a Highway Patrol investigator shortly after Ellingson's drowning and expressed frustration over the weekend that they were not called to testify at the inquest.
Copyright 2014 - The Kansas City Star
McClatchy-Tribune News Service
