Judge says trooper’s firing was “unlawful,” sends case back to Highway Patrol

A Cole County judge ruled that Missouri State Highway Patrol’s firing of Anthony Piercy was unlawful.

Judge Patricia Joyce made the decision on Wednesday to reverse Colonel Sandra Karsten’s firing of Piercy and send it back to her for a new punishment.

A highway patrol disciplinary board decided in December that Piercy should be moved out of mid-Missouri after pleading guilty to negligent operation of a vessel. Piercy admitted that his negligence caused the death of Brandon Ellingson at the Lake of the Ozarks in 2014 when he put the wrong type of life vest on Ellingson when taking him into custody. Ellingson fell overboard on the way back to shore and drowned when his life vest came off in the water.

Joyce said that Karsten did not have authority to fire Piercy without the disciplinary board’s recommendation. State law restricts the superintendent to impose a 30-day suspension, fine, rank reduction or transfer when punishing an employee, and can fire someone “as provided.” Joyce said the use of the term “as provided” means that the disciplinary board must recommend the firing for the superintendent to do so.

“It would make no sense for the legislature to limit the superintendent’s ability to suspend but give unfettered discretion to dismiss or remove regardless of what the panel found to be an appropriate punishment,” Joyce wrote.

Piercy was sentenced to two years of probation in September after pleading guilty to the misdemeanor, along with 10 days in the Morgan County Jail. Special prosecutor William Seay originally charged Piercy with involuntary manslaughter for Ellingson’s death, but reduced the charge prior to the guilty plea. Both Seay and Craig Ellingson, Brandon’s father, said Piercy did not deserve to be a law enforcement officer because of his actions.