Grand jury won’t indict two former CPD officers for actions in May arrest
COLUMBIA, Mo. (KMIZ) -
A Boone County grand jury decided not to indict two former Columbia police officers for their actions during a May arrest.
Cooper County Prosecutor Eric Phelps told ABC 17 News that he presented the cases of former officers Gardner Pottorff and Keenen Shouse to a grand jury on Friday, July 7. The group of 12 people decided to return no true bill, meaning the two will not face criminal charges for hitting a man they were arresting on May 7 in Downtown Columbia.
Phelps served as special prosecutor in the case that led to the resignations of the two officers this summer.
Pottorff and Shouse left CPD amid an internal affairs investigation into the arrest of Lee Martin outside Harpo's. The internal affairs investigation ended in May following the resignation of the officers.
Don Weaver, an attorney for the officers said the pair did not feel like they would get a "fair shake" given statements by city leaders, following video of the arrest being posted on social media. Weaver praised the grand jury's decision on Friday.
"It is no surprise that fair-minded and unbiased people heard all of the facts and concluded that the officers acted lawfully," Weaver said. "That is because the officers acted lawfully, reasonably, and consistent with their training. And this is exactly why City leaders must resist the temptation to draw conclusions or express their opinions until all of the facts are known."
Columbia Police Chief Geoff Jones asked the Boone County Sheriff's Office to handle the criminal investigation for the two.
Phelps told ABC 17 News on Friday that a grand jury can consider any number of possible charges for suspect during a closed-door proceeding. In this case, the panel could have looked at assault charges, but ultimately decided not to file a true bill, which would lead to an indictment. Nine people on the 12-person panel must agree on a charge for a true bill to be filed.
Phelps said that because the sheriff's office did not include a probable cause statement in its investigation, the grand jury decision ended his handling of the case.
Boone County Prosecutor Roger Johnson told ABC 17 News that his office would review the case against Martin to determine if a special prosecutor would be necessary for it. Police cited Martin for assault, trespassing and resisting arrest.
