Director of Public Safety considers revoking former trooper’s peace officer’s license

Former Highway Patrol trooper Anthony Piercy appeared before Director of Public Safety Drew Juden in a hearing Wednesday where he and his lawyer worked to prove why Piercy should be allowed to keep his peace officer’s license.

In May 2014, Brandon Ellingson drowned at the Lake of the Ozarks while in Piercy’s custody for boating while intoxicated. Piercy pleaded guilty to negligent operation of a vessel last summer for using the wrong type of life jacket on Ellingson while he was handcuffed. Ellingson drowned when he went overboard during the transport. Piercy was sentenced 10 days in jail and two years supervised probation.

To even consider disciplinary action, there must be a complaint made against the licensed peace officer, which is then investigated by the Administrative Hearing Committee. Ellingson’s father, Craig, filed that complaint last fall.

The AHC committee voted weeks ago that Piercy was subject to disciplinary action.

Director Juden must now consider which form of discipline should be imposed: probation, suspension or permanent revocation of Piercy’s peace officer’s license.

In Wednesday’s hearing, Piercy’s attorney, Tim Van Rozelen, questioned him about his decades-long career in law enforcement and the day of Ellingson’s death.

Rozelen and Piercy detailed some of his satisfactory performance reviews, and discussed how he was up for numerous promotions, but turned them down because he didn’t want to move.

After discussing his reviews for about 45 minutes, they moved to the day Ellingson drowned. For what was likely the umpteenth time since Ellingson’s death, Piercy recounted his actions that day.

He spoke about coming up on Ellingson’s boat, which had several young men on it. Piercy said he could tell they were drinking, and took Ellingson, the driver, onto his boat to do impairment tests. He determined that Ellingson was intoxicated and placed him under arrest, including handcuffing him. He went to grab a life jacket, but the one he needed to use was tangled up so he had to grab another random one. He said he didn’t want to waste time because Ellingson’s friends were “causing a commotion.”

The life jacket didn’t fully go down around his body.

“The life vest was above his ears,” said Craig Ellingson, Brandon’s father.

They were traveling to a place to book Ellingson at speeds of about 46 mph when Piercy said they came upon a wake and Ellingson stood up, quickly falling into the water.

Piercy recounted how he tried to reach him but couldn’t get the boat to start. Eventually, Piercy said he dived into the water but was unable to save Ellingson, who “slid” down into the murky water on the lake and Piercy couldn’t find him. Ellingson was in the water for a day.

Craig Ellingson came from his home in Iowa to sit at a small table just feet from Piercy. He gave testimony as well as providing hundreds of documents that included numerous depositions for Juden to consider.

In an interview with ABC 17 News after the hearing, he recounted his testimony where he laid out the eight core values that a Highway Patrol trooper should have, including integrity and compassion.

“He exemplified none of them,” said Ellingson. “He had no compassion for my son. He called him a bastard while he’s at the bottom of the lake.”

Ellingson said Piercy’s account of the events was not one he had heard before.

“Piercy’s story seems to change every time I listen to it,” said Ellingson. “I think the truth will prevail in this outcome.”

According to an investigator, Ellingson was ejected from the boat due to the high speeds and sudden stop on the wake.

The Assistant Attorney General representing the Department of Public Safety did a brief cross-examination. Director Juden asked Piercy a few questions, including whether he did an inventory of his materials and knew that the life jacket was tangled. Piercy said he did but had planned on untangling it later.

Piercy and his attorney declined to comment beyond that they were waiting on the results of the hearing. Piercy made a closing statement where he said “nobody loved being a police officer” more than he did.

He said if he is afforded that privilege of going back to law enforcement work, he said he “could operate in a good function… and be a valuable asset” of wherever he chooses to work.

Van Rozelen also read two letters in support of Piercy from the Moniteau and Morgan County prosecutor, who said they would continue to try his cases.

It could take a few weeks before Juden has a decision. According to spokesperson Mike O’Connell, there were 13 officer license revocations in 2017. Forty-one Missouri officers voluntarily surrendered their licenses.

Ellingson said Wednesday that he hopes they “do their job and revoke his license.”

If they don’t: “Well, I guess we’ll just have to live with it, you know. But I know, deep down, and he does too, Piercy knows. He’s got to live with it the rest of his life. He knows.”