MISSOURI CIRCUIT COURT TWENTY-SECOND JUDICIAL CIRCUIT (ST. LOUIS CITY)

Transcription

1 STATE OF MISSOURI ) CITY OF ST. LOUIS ) SS MISSOURI CIRCUIT COURT TWENTY-SECOND JUDICIAL CIRCUIT (ST. LOUIS CITY) State of Missouri, Plaintiff, vs. Jason H. Flanery, Defendant. Cause Number: 1622-CR00353 Division Number: MEMORANDUM IN SUPPORT OF THE STATE S RECOMMENDATION OF ONE YEAR IN THE MEDIUM SECURITY INSTITUTION The State of Missouri respectfully requests this Honorable Court to sentence defendant, Jason H. Flannery, as follows for an incident occurring on December 19, 2016, at 3911 Jamieson, in the City of St. Louis: Count 1: DWI, class B misdemeanor 6 months, MSI, Count 2: Leaving the Scene of a Motor Vehicle Accident, class A misdemeanor 1 year MSI, to run concurrent with count 1. The State of Missouri states the following facts and argument in support. FACTS During the early morning hours of December 19, 2015, defendant drove his police SUV under the influence of alcohol and cocaine. While under the influence, defendant hit a parked car belonging to a citizen of St. Louis, causing damage to both vehicles. After hitting the car, defendant chose to leave the scene of the accident he created and drove home. Defendant was arrested after an investigation at the scene.

2 Defendant Jason Flannery was a member of the St. Louis Metropolitan Police Department since Most recently, he was assigned to the Special Operations team. He resigned from the force after his arrest in this incident. On December 19, 2015, Defendant s shift ended at midnight. As part of the Special Operations team, Defendant drove a take home car; a Chevrolet Tahoe that was issued to him by the SLMPD. Sometime between his shift ending at midnight and 6:20 a.m., Defendant became intoxicated and also ingested cocaine. Defendant chose to drive his police SUV towards his home in this intoxicated condition. As a result of his intoxication, Defendant drove his police SUV into a parked car belonging to victim J.S. Instead of stopping and seeking the owner of the vehicle and advising her of the damage he caused, the defendant fled the scene. Defendant fled before the owner of the parked car arrived to check on the condition of her car. Witnesses in the area immediately reported that a police vehicle had been involved. Officers responded to the area in an attempt to locate a damaged police vehicle. Officers found the vehicle parked in front of the defendant s house, only a few blocks away. There is no indication that anyone other than defendant had control of the police SUV. At the scene of the accident, officers found debris that was later matched to the police vehicle assigned to the defendant. Officers also documented damage done to J. S. s vehicle. Her left rear quarter panel was mangled by the collision, as can be clearly seen from the included photographs.

3

4 Once defendant s police SUV was located, officers knocked on defendant s door in order to locate defendant. When defendant opened the door, he appeared to be quite intoxicated. He used the door to hold himself upright, his face was flushed, and his eyes were bloodshot. Defendant refused to submit to a field sobriety test. When the officers requested that defendant take a breath analysis test, defendant refused, thus necessitating the need to secure a search warrant. Officers obtained a search warrant, reviewed by a prosecutor and signed by a judge. Pursuant to the search warrant, blood was finally drawn at 1:58 pm, approximately seven and one half hours after the accident. Despite the passage of time, the defendant was found to have a BAC of.117, which is well over the legal limit in Missouri. DEFENDANT S HISTORY Defendant has one prior conviction. Defendant was convicted in St. Louis County of misdemeanor attempted unlawful use of a weapon in 2001 and sentenced to pay a fine of $ RESTITUTION AND VICTIM IMPACT The State respectfully requests restitution in the amount of $1, to J.S. for the damage done to her car which left rear quarter panel was mangled by the collision. The State also requests restitution in the amount of $ to the St. Louis Metropolitan Police Department for damage done by the defendant to the police SUV.

5 RECOMMENDATION While anyone could have an accident, and while it is estimated that many ordinary citizens drive while intoxicated, it is morally repugnant for a police officer, who is sworn to uphold the law, to leave the scene of an accident and thereby wreck a financial hardship on an innocent and undeserving citizen. In addition, it is reprehensible for an officer to have ingested cocaine, a controlled substance, a crime for which this defendant has caused many people to be incarcerated. For these reasons, the State feels that the sentence of six months on DWI and one year on the Leaving the Scene of an Accident, to run concurrent to each other, is the appropriate sentence. Probation should be denied in this case as it is not appropriate for this defendant. Respectfully Submitted, Dwight Alexander Warren MO BAR #26464 Assistant Circuit Attorney 1114 Market Street Room 401 St. Louis, MO (314)