Friday, July 30, 2010

UPDATED: Former Nixa Firefighter Headed To Federal Prison For Possessing Kiddie Porn:


Michael "Keith" Benson (mug shot CCSO)


A former Nixa firefighter and substitute school bus driver who was facing state and federal charges for crimes against children will spend fifteen years in federal prison after pleading guilty to receiving kiddie porn over the Internet.

Christian County Prosecutor Ron Cleek filed child molestation, statutory sodomy and exploitation of a minor charges against Michael "Keith" Benson, 41, last year after authorities found evidence of child pornography on his computer.
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By pleading guilty to the federal charge, Benson admitted that he used a file-sharing program to download child pornography from the Internet on Jan. 22, 2009. Benson possessed more than 600 images of child pornography, including images of children under the age of 12, images of sadistic and masochistic conduct, and images of an underage girl with whom he had contact.


Christian County Prosecutor Ron Cleek

By pleading guilty to the federal charge, Benson admitted that he used a file-sharing program to download child pornography from the Internet on Jan. 22, 2009. Benson possessed more than 600 images of child pornography, including images of children under the age of 12, images of sadistic and masochistic conduct, and images of an underage girl with whom he had contact.
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In July of 2009, Benson was charged with child molestation after an eight year-old girl told her mother that Benson molested her at a birthday party in February 20, 2008.

Cops searched Benson’s car and found a camera with 30 images. The mother of another eight-year-old girl identified the girl pictured as her child. Investigators say the photographs were graphic and showed evidence of molestation.

The little girl told her mom that she viewed child porn on Benson's computer. Several other children made similar allegations against Benson. After being told that he was being investigated for child pornography, Benson surrendered his computer to his lawyer, Dee Wampler.

As part of the guilty plea in federal court, Benson also agreed to plead guilty to the charges in Christian County. Cleek says that Benson is scheduled to plead guilty on August 3rd. He will be sentenced to another 15 year sentence in Christian County that will be served concurrent (at the same time) to the federal sentence.
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UPDATE 11-23-10:

Benson was sentenced to fifteen years in federal prison without the possibility of parole.  That sentence will be served concurrently to the state sentence of fifteen years.

The court also ordered Benson to spend the rest of his life on supervised release following his release from prison.

Funeral Services Announced For Johnnie and Coleen Wilson:

Funeral services for Johnnie and Coleen Wilson, the couple who were murdered in their Laclede County home on Monday, will be held at 2 p.m. Monday, Aug. 2, 2010, at the Klingner-Cope Family Funeral Home at 1635 N. Benton Ave. in Springfield.

Visitation will be from 4 to 6 p.m. Saturday in the funeral home. Burial will be in Eastlawn Cemetery in Springfield.

A celebration of life service will be held at 6 p.m. Monday, Aug. 2, 2010, at the Bennett Spring Church of God.

Online condolences may be made at http://www.klingnerfuneralhome.com/

Thursday, July 29, 2010

A Deficit of Economic and Strategic Thinking (UPDATED)

Yesterday, the US House of Representatives passed by voice vote legislation that would establish a commission (yes, another one) to study the US trade deficit.  Anyone who reads this blog regularly will understand just how much this legislation makes me want to set my hair on fire (answer: a whole frickin' lot).  But Cato's Sallie James does a great job summarizing my - and all free traders' - frustrations, so I'll just let her do the complaining (lots of good links in the original blog post, so be sure to check it out):
A bunch of lawmakers — led by Reps. Defazio (D, OR), Slaughter (D, NY), Kaptur (D, OH) and Massa (D, NY) — recently introduced a bill (H.R. 1875) to establish an “Emergency Commission To End the Trade Deficit.” The House passed the bill by voice vote this afternoon.

After drawing Congress’ attention to a whole lot of scary-sounding data about the trade deficit (my colleague Dan Griswold explains why that metric is misleading as an indicator of national wellbeing), the national debt (which I agree is a problem) and the supposed death of manufacturing, the bill calls for a $2 million (for now) Commission, the purpose of which is to:
develop a trade policy plan to eliminate the United States merchandise trade deficit by January 1, 2019, and to develop a competitive trade policy for the 21st century. The plan shall include strategies necessary to achieve a balance of trade that fully reflects the competitiveness and productivity of the United States and also improves the standard of living of United States citizens. [my emphasis]
It is as though the standard of living for Americans over the past few decades of trade deficits had been falling, rather than rising. As though a balance of trade was an end in itself.

A lot of the Commission’s work would be “merely” reporting on various aspects of our trade relationship with the rest of the world. But I do not for one second think that these lawmakers will be happy to take the Commission’s report and forget about it. They’ll want to torture that data until it confesses what they want, and then they’ll want to take action based on that confession. My hunch isn’t totally baseless, either. Plenty of clues lie in section 4(5), for example, which asks the Commission for suggestions for:
(A) the development of bilateral and multilateral trade relationships based on market access reciprocity; [i.e., managed trade]
(B) the retention and expansion of the manufacturing, agricultural, and technology sectors in the United States; [sounds like a call for protection]
(C) the discouragement of the expatriation of United States plants, jobs, and production to countries that have achieved competitive advantages by permitting lower wages or lower health, safety, and environmental standards, or by imposing requirements with respect to investment, performance, or other obligations; [ditto]
(D) methods by which the United States can effectively compete in a global economy while improving the labor, social, and environmental standards of its trading partners, particularly developing countries; [protectionism disguised in a humanitarian costume]
(E) methods by which the United States can respond to substantial shifts or manipulation of currency exchange rates that distort trade relationships; [highly risky -- and probably ineffectual -- unilateral sanctions on, reading between the lines, China]
(F) methods for overcoming and offsetting trade barriers that are either not subject to or otherwise inadequately addressed by the World Trade Organization or other multilateral arrangements; [unilateral sanctions outside the rule of international law that -- for better or worse -- the U.S. initiated, sponsored and adopted]
(G) specific strategies for achieving improved trade balances with those countries with which the United States has significant, persistent sectoral or bilateral trade deficits, including Canada, the People’s Republic of China, Mexico, and Japan; [see (A) above]
(H) methods for the United States to respond to the particular needs and circumstances of developing and developed countries in a manner that is mutually beneficial; [who knows what is lurking behind this statement] and
(I) changes that may be required to current trade agreements and organizations to allow the United States to pursue and nurture economic growth for its manufacturing, agriculture, and other production sectors in a manner that ensures improved compensation and quality of life for United States citizens. [sounds so pleasant and inoffensive, doesn't it? Make no mistake, though: There's a whole lotta infant industry protectionism lurking there. The use of the word "nurturing," for example, is a flashing red light] (all emphases and bracketed comments mine)
If this bill passes the Senate and is signed into law (a big if, admittedly), that is the final death knell for any pending trade agreements, since the bill also calls for a moratorium on free trade agreements until the Commission’s report is issued and hearings held.

The freedom of individuals to trade across borders has rarely been held in so much contempt.
Indeed.  Now, as a quick aside (and the only bright spot in this news), Reuters reports that the aforementioned trade agreement moratorium was dropped in the final version of the bill, so there's a little silver lining.  But the rest of the bill, sadly, remains intact.  Fortunately, the chances of the Senate passing this nonsense are hovering right between slim and none because, unlike the the lower chamber, only one-third of the Senate is up for re-election in November.  (Yes, I'm cynical, but I'm also right.)

Nevertheless, that this horrid piece of nonsensical legislation passed by voice vote (i.e., without any debate or controversy) in the House is a pretty clear sign of where the political debate over free trade in general, and the trade deficit in particular, stands right now.  In short: it's in the crapper.  And because the facts on the trade deficit overwhelmingly support free traders, this sad reality begs the obvious question: how on earth can legislation this stupid pass the House so easily?

Well, beyond the fact that it's an election year and stupid things happen in an election year, the (other) obvious answer is (as I've said repeatedly): poll after poll demonstrates that a slim majority of the American people don't support truly free trade and don't know the basic facts about the trade deficit, and until this changes, you're always going to find a few hundred less-than-principled House members (from both parties) who will vote "aye" on whatever piece of anti-trade garbage put in front of them.  Thus, if free traders are ever to win this debate, the job of those few principled politicians is to get out there and spread the gospel - to attack the protectionist, mercantilist myths spewed by the bad guys and to demonstrate why they're wrong and why they're misleading the American public.

And it's on this latter point where things really get depressing.  You see, in response to the House vote, two of the "good guys" - Reps. Dave Camp (R-MI) and Kevin Brady (R-TX) - released the following statements (emphasis mine):
CAMP: “I will support this legislation today because it is an attempt to help U.S. manufacturers. But let’s be clear – another commission, especially one that is wrongly premised on the notion that we should apologize for or even avoid trade – is hardly what private sector job creators need…We have years of real world results to understand that the best way to increase American exports and reduce the trade deficit is to open more foreign markets. The United States has trade agreements with 17 countries, and in 2009 we had a trade surplus in manufactured products of over $26 billion with these countries. So far in 2010, we have a trade surplus in manufactured products of $9.4 billion with these countries. The three pending trade agreements would continue this success. According to the independent, non-partisan U.S. International Trade Commission, these three agreements could increase U.S. exports by at least $13 billion. This substantial increase in U.S. exports is possible because these agreements level the playing field for American workers.

BRADY: “It’s important to tackle America’s trade deficit the right way, and everyone understands another government commission is no substitute for new customers for American workers, farmers and manufacturers”, said Congressman Brady. “The best way to shrink the trade deficit while strengthening America’s economy is to reduce America’s dependence on foreign oil and open the world to more U.S. products and services. If they are serious, Democrats and the White House can start by taking up and passing the pending trade agreements with South Korea, Panama and Colombia.”
I hate to disparage two elected officials with a good history of resisting US protectionism, but as the bolded passages make clear, Reps. Camp and Brady are advocating mercantilism, not free trade.  In the process, they expressly accept the (wrong) premise that the trade deficit is a horrible problem to be solved and a harbinger of American economic demise.  And, as I've noted repeatedly, when pro-trade folks rely on mercantilist arguments (instead of ones that embrace exports and imports) to refute anti-trade positions or defend US FTAs, they will always - always - lose the debate because the protectionists will immediately point to the current trade deficit as concrete evidence that, by the pro-traders own metric, the United  States is "losing" at trade and thus drastic protectionism is warranted.  This is exactly the trap into which Camp and Brady mindlessly fall, and I wouldn't be surprised at all if some trite protectionist immediately fired off a statement refuting the Congressmen's well-intentioned (I assume) press release with a few simple stats about the expanding US trade deficit under "NAFTA-style" trade agreements that are very similar to the pending FTAs that Camp and Brady advocate.  Blech.

And, look, I know that Camp and Brady too are facing re-election in November, and those aforementioned polls on trade probably weigh heavily on their (or their congressional staff's) thoughts about taking this issue head-on.  But, seriously, folks, if you're going to respond like this, just don't say anything at all because this stuff is not helping the cause.  At all.

As recent history has repeatedly taught us, until the "good guys" decide to adopt a smart political strategy that embraces economic reality and calls out the opposition for the smarmy, incorrect politicians that they are, public opinion on trade will never change.  It'll continue to stink, and we'll thus continue to see stupid anti-trade legislation breeze through the House every two years.

I'd say it's time for a new approach, wouldn't you?

UPDATE: Ms. James has found a few more changes in the bill (including the title), and has therefore posted a follow-up blog entry here.  In short: the deck chairs have been rearranged, but the ship's still aiming for the iceberg.

Authorities In Arkansas Investigating Second Double Homicide In Two Days In The Ozarks:


William Curtis Krohn (mug shot BCSO)
An alleged fight over personal property and alcohol appears to be the motive behind the murders of two people near Omaha, Arkansas yesterday (07-28-10.)

Boone County Sheriff Danny Hickman says that deputies responded to reports of a shooting at 19001 Old Lowery Road about 5:50 p.m. and found 57 year -old Christine Ann Pryor and her husband 56 year-old William Eugene Pryor dead near the living room of the couples mobile home.

Two counts of capital murder and one count of aggravate burglary have been filed against a family member of the Pryor's, William Curtis Krohn, 55, who was living in another trailer on the property. Other family members live in a third trailer on the property.
Sheriff Danny Hickman says the Pryors hosted live music at "the farm" and says that deputies have been dispatched there numerous times for noise complaints.

Investigators seized numerous firearms from the property in an attempt to identify the murder weapon.

This was the second double homicide in two days in the Ozarks.

Johnnie and Coleen Wilson were found shot to death in their home near Bennett Springs State Park in Laclede County, MO, on Monday. A career criminal, Jesse Dean Driskill, has been charged with two counts of first-degree murder in the elderly couples deaths.

Wednesday, July 28, 2010

Matthew Laurin Found Dead In Jail Cell:



The Springfield man who pleaded guilty two days ago to two counts of first-degree murder for the stabbing deaths of an elderly Carthage couple was found dead in his jail cell about 12:47 p.m. today.

Sheriff Archie Dunn says Matthew Laurin, 20, met with a counselor today and was asked if he was suicidal or planning to harm himself. Laurin told her, "No, I'm just angry," according to Dunn.

Before Laurin returned to his jail cell at 10:48 a.m. he dropped a letter/s in the mail. When jailers went to his cell to give him lunch they found him hanging from a bed sheet wrapped around an air conditioning grate. Dunn says he's not sure if the mail had been picked up or if investigators have the correspondence.

Dunn will hold a news conference at 6:00 p.m. to discuss Laurin's death. An autopsy is scheduled for tomorrow in Springfield.

Laurin, who was sentenced to two life sentences without the possibility of parole for the October 2008 murders of Robert and Ellen Sheldon, was due to be transferred to the Department of Corrections within a week.

Sheriff Dunn said he wasn't sure if Darren Winans, the alleged ringleader in the plan to kill the Sheldon's, knew of Laurin's death. "He's in prison for a probation violation right now, but you know how word travels. It wouldn't surprise me."
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Laurin's death leaves no witness, or victims, for the states case against Winans.
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Darren Winans (mug shot JCSO)

Winans capital murder trial was scheduled to begin in February of 2011, however, it has been canceled. A motion hearing is now set for August 23rd. It was at a motion hearing that Laurin pleaded guilty.

Several messages left for Jasper County Prosecutor Dean Dankelson have not been returned.

Tuesday, July 27, 2010

Man Wanted In Nephew's Overdose Death Turns Himself In:

A man who has been on the run for almost a week after being charged with involuntary manslaughter in the overdose death of his nephew has turned himself into authorities in Webster County.

Prosecutors say that Daniel Verl Cox, 26, gave Dwight Stewart, 18, a tablet of oxymorphone back on May 14th that caused his death.

Cox, who is being held on $60,000 bail, is next scheduled to appear in court on August 2nd according to online court records.

Victory (Sorta): New Senate Energy Bill Ditches Carbon Tariffs

Senate Majority Leader Harry Reid (D-NV) released today the scaled-down version of the Democrats cap-and-trade energy green jobs "oil spill response" bill, and free traders should be pleased.  The bill summary is available here, and as you can see, there's nary a mention of carbon tariffs or any other euphemism (like "border adjustment" or "offset rebate" or "International Reserve Allowance") used to hide the nasty, trade-war-inducing measures in plain sight.  The new bill also lacks provisions on combating "carbon leakage" or "ensuring domestic competitiveness," which are really just backdoor ways of saying "attacking developing country imports."  So all in all, carbon tariffs appear dead in the United States for 2010.  Hooray.

That said - and I hate to be a party-pooper - there are still plenty of reasons for concern going forward.  Here are my top two:

First, the new Senate Bill doles out more federal subsidies for "green manufacturing."  In particular--
- Section 2004 requires the Secretary of Energy to promulgate an interim final rule establishing an infrastructure deployment program and a manufacturing development program. The Secretary of Energy is required to provide:
  • Grants of up to $50,000 per unit to qualified refuelers for the installation of natural gas refueling property placed in service between 2011 and 2015; and 
  • Grants in amounts determined to be appropriate by the Secretary to qualified manufacturers for research, development, and demonstration projects on engines with reduced emissions, improved performance, and lower cost.
- Section 2005 requires the Secretary of Energy to promulgate an interim final rule establishing a direct loan program to provide loans to qualified manufacturers to pay not more than 80 percent of the cost of reequipping, expanding, or establishing a facility in the United States that will be used for the purpose of producing any new qualified alternative fuel motor vehicle or any eligible component. $200 million would be
As I've discussed a few times (and fiscal insanity aside), tossing around billions of dollars in cheap loans and direct grants to domestic "green manufacturers," combined with intense administration efforts to increase exports of the subsidized green products, is a surefire way to cause trade disputes and eventual remedial tariffs on those goods.  So while the Senate Bill ends one very big source of trade friction (carbon tariffs), it still contains at least two other, admittedly smaller, ones.  Blech.

Second, and as I noted last year, the demise of any near-term legislative attempts to cap domestic carbon emissions and concurrently regulate imports of carbon-intensive products doesn't mean that the Obama administration will just stop trying to impose its green utopia on an increasingly unwilling American electorate.  Instead, the battle now turns to the EPA and its newfound powers to regulate carbon emissions under the Clean Air Act.  As I said back in December after the EPA's "endangerment" ruling was released:
The EPA's endangerment ruling does not authorize, or even contemplate, the imposition of carbon tariffs. It doesn't even establish the EPA's actual regulation of most GHG emissions or production of GHG-intensive goods (although that's certainly a viable ultimate result). Indeed, Monday's EPA ruling really does only two things: (i) deem GHGs to be harmful pollution capable of being regulated by the CAA; and (ii) lay the groundwork for the EPA's regulation of GHG emissions from new motor vehicles. So why should we be "very, very concerned" about the EPA pursuing eco-protectionism and all the nasty fallout that would result from that move?

Several things, actually.

First, EPA documents and rulings clearly indicate that the agency both looking into, and laying the groundwork for, some form of import regulation related to its new endangerment ruling. For example, in the EPA's July 2008 Advanced Notice of Proposed Rulemaking (a necessary precursor to the final endangerment rule), the EPA frequently questioned whether its GHG regulations would cause "emissions leakage" - i.e., the outsourcing of GHG-emissions-intensive industries and jobs to countries that lack GHG regulations. A primary way to combat such leakage, of course, is carbon tariffs. Indeed, in the same document, the Department of Commerce voiced strong opposition to the unilateral imposition of carbon tariffs - another clear indication that the EPA was mulling the idea. (And, of course, that was a much different DOC (and EPA) than we have today.)

The EPA's final endangerment rule includes no discussion of leakage or border measures, but has several pages (see, in particular, pages 142-151 of the document linked above) on how global GHG emissions can affect human health and safety. One of many telling quotes: "The impacts of the air over the United States cannot be assessed separately from the impacts from the global pool, as they occur together and work together to affect the climate." As with the preliminary notice, it's clear that the EPA is well-aware of, and fully contemplating, the global effects of GHG emissions and its potential regulation of their (allegedly) harmful effects in the United States.

Another EPA ruling related to the endangerment finding also is cause for concern about future eco-protectionism stemming from the EPA's GHG regulations. On October 30 of this year, the EPA announced a final rule for GHG emissions under Section 307(d) of the CAA which "require[s] reporting of greenhouse gas emissions from all sectors of the economy." The final rule doesn't regulate GHGs emissions - just reporting, and applies to fossil fuel suppliers and industrial gas suppliers, direct GHGs emitters and manufacturers of heavy-duty and off-road vehicles and engines. Such "suppliers" include importers and exporters of fossil fuels and certain downstream petrochemicals. Again, it's clear from these regulations that the EPA is very much aware of, and concerned about, the international trade implications of its GHG regulations. Moreover, this reporting system could quite easily be expanded to include other products or, more importantly, provide much-needed evidence (a "rational basis," in legalese) to justify the EPA's imposition of border measures on products/processes controlled by any new GHG regulations.

Second, if Congress refuses to act on Cap-and-Trade (quite likely considering how devastating the issue is politically these days), the EPA's endangerment ruling could be used as a surrogate means of controlling US GHG emissions. Indeed, the White House brazenly threatened as much today (so much for Democrat wailing over abuse of executive power, huh?). Well, as I've discussed repeatedly, a primary component of both the House "Waxman-Markey" bill and the Senate "Boxer-Kerry" bill is, you guessed it, carbon tariffs. Thus, if the EPA's emissions regulations are truly meant to be a surrogate of current US climate change legislation, it's certainly plausible that those regulations will contain some form of similar border measure. (It's also plausible that they won't, but that leads us to the next point.)

Third, if the EPA's endangerment ruling indeed leads to the imposition of serious GHG regulations on US businesses, domestic industry groups will very likely spend a fortune lobbying for the imposition of some form of anti-leakage measure. For example, the above-linked WSJ article cited concerns about "huge costs" imposed on US industries from, among others, the US Chamber of Commerce and the National Association of Manufacturers, US electricity providers, and oil refiners - costs likely not borne by their (lucky!) foreign competitors. Indeed, the Iron and Steel Institute said that any regulation -- whether through the EPA or Congress -- must "reduce emissions without altering the competitiveness of American steelmakers." Of course, the steelmakers - and the many lawmakers who do their bidding - have demanded carbon tariffs in the Cap-and-Trade legislation to ensure a "level playing field" for their products versus imports, so similar efforts are very, very likely for any surrogate EPA regulation.

In sum, the EPA's controversial endangerment ruling does not explicitly contemplate or authorize eco-protectionism under the CAA, nor will it definitely lead to such nastiness. On the other hand, there is plenty of reason for concern. The EPA is clearly concerned about emissions leakage and believes that emissions regulation extends beyond America's borders. Moreover, the agency has not only contemplated border measures as part of any GHG regulation regime under the CAA, but also established a framework - and potential justification - for the imposition such measures down the road. The case isn't a slam-dunk, but it's certainly something to watch for.
Replace "Boxer-Kerry" with "Kerry-Lieberman" and all of this still applies today.  Indeed, Republican efforts to block the EPA's authority to regulate greenhouse gases failed back in June, so the agency's newfound powers definitely remain alive and well.  Moreover, the next UN Climate Change Conference in Mexico City - the much-awaited follow-up to last year's debacle in Copenhagen - is only a few months away, and do you really think that the Obama administration is going to show up totally empty-handed to the world's next big climate change party?  Highly unlikely.

So rejoice for a moment, folks, but remember: this is only round one.  We've got a long, long way to go.

~UPDATED~Career Criminal Charged In Double Homicide Of Elderly Couple Near Bennett Springs State Park:

Jesse Dean Driskill (mug shot LCSO)


A thirty year-old man from Lebanon with a lengthy rap sheet has been charged with two counts of first-degree murder for the deaths of an elderly couple near Bennett Springs State Park.

Johnnie, 82, and Coleen Wilson's, 76, granddaughter's husband went to check on them at 30499 Marigold Lane and found them dead in their home that is tucked far back in the woods and out of sight of any nearby road.



Wilcox home (photo courtesy of KOLR-KSFX)

Their bodies were covered in blankets, gasoline poured on them and lit on fire in an attempt to destroy evidence. The fire quickly burned out, but the person who allegedly started it, Jesse Dean Driskill, stole the couples Chevy Trailblazer and fled the scene.

Driskill has been charged with two counts of first-degree murder, two counts of armed criminal action and two counts of burglary.

According to the probable cause statement, the stolen vehicle was found engulfed in flames just over the county line in Dallas County. A "witness" told authorities that Driskill called and asked to be picked up not far from where the burning car was discovered. On the ride back, Driskill allegedly told the witness that the Wilson's had caught him attempting to steal property outside their home. He told the witness that he forced the couple back inside their home at gunpoint, raped Mrs. Wilson, then shot each of them in the head.

Authorities recovered bloody clothing inside a trash bag at a residence in Lebanon where Driskill had been staying. A woman living in the home identified it as belonging to Driskill.

Shortly after being taken into custody and read his rights, Driskill asked for an attorney.


Driskill was nearly taken into custody on a probation violation about midnight Sunday after he was spotted by a deputy near the state park. Driskill escaped into the woods and slipped away from deputies and a K-9 unit brought to the scene. The woman who was with him told deputies he was armed with a handgun.

The last place he was spotted is less than two miles from the Wilson's home. Sometime during that night, the couple, who were in the process of moving, were murdered.

On Sunday the couple celebrated their 59th wedding anniversary.

According to online court records Driskill has felony convictions in Laclede, Hickory and Dallas counties. His latest release from prison was just seven weeks ago.

Driskill should have been in prison when he allegedly killed the Wilson's. He has pleaded guilty to all of the cases filed against him according to case net.
  • second-degree burglary in 1999--Driskill was placed on 5 years of probation, which was later revoked, and served the entire sentence in prison

  • trespassing in 1999--$75 fine

  • second-degree assault in 2002--again, he served the entire sentence in prison

  • domestic assault in 2007--placed on 2 years of probation, which was later revoked. He served 1-year in county jail

  • second-degree assault in 2008 5 years of probation and ordered to long-term drug treatment program

  • tampering with physical evidence in a felony in 2008--sentenced to 2-years in prison

  • two counts of second-degree burglary in 2009--sentenced to two 4-year prison sentences and again ordered into long-term drug treatment.

Driskill was tentatively set to be arraigned in Associate Circuit Court tomorrow, however, he has been hospitalized for injuries he sustained when he resisted arrest. He is being held on probation violation, therefore no bail will be set.

The Missouri State Highway Patrol, Dallas County Sheriff's Office and the state Fire Marshal's office assisted in the investigation.

UPDATE 07-28-10:

Driskill has pleaded not guilty to the murder charges. His public defender, Barbara Urick, has filed a brief Tuesday invoking her client’s right against self incrimination and his right to counsel.

His next scheduled court date is August 16th.

UPDATE~~Funeral Services Announced For Johnnie and Coleen Wilson:

Funeral services for Johnnie and Coleen Wilson, the couple who were murdered in their Laclede County home on Monday, will be held at 2 p.m. Monday, Aug. 2, 2010, at the Klingner-Cope Family Funeral Home at 1635 N. Benton Ave. in Springfield.

Visitation will be from 4 to 6 p.m. Saturday in the funeral home. Burial will be in Eastlawn Cemetery in Springfield.

A celebration of life service will be held at 6 p.m. Monday, Aug. 2, 2010, at the Bennett Spring Church of God.

Online condolences may be made at www.klingnerfuneralhome.com

Monday, July 26, 2010

~BREAKING--DEVELOPING~Authorities In Laclede County Working Double Homicide:

Two people have been found dead in a home near Bennett Springs in Laclede County. Relatives report seeing the couple alive yesterday.

A source close to the investigation says the bodies were burned and the couple's stolen S-U-V was found burning in Dallas County about 9:30 p.m.Dallas County Sheriff Mike Rackley says, "We are working a vehicle fire--I can't confirm if it is the vehicle that is connected to the investigation in Laclede County. We've got it taped off, and are waiting for the Highway Patrol to come help us."

Laclede County Sheriff Richard Wrinkle, who is out of town on vacation, was unavailable for comment.

The Missouri Highway Patrol and the State Fire Marshal have been called in to assist in the investigation.

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UPDATE: Funeral Services Announced For Johnnie and Coleen Wilson:

Funeral services for Johnnie and Coleen Wilson, the couple who were murdered in their Laclede County home on Monday, will be held at 2 p.m. Monday, Aug. 2, 2010, at the Klingner-Cope Family Funeral Home at 1635 N. Benton Ave. in Springfield.

Visitation will be from 4 to 6 p.m. Saturday in the funeral home. Burial will be in Eastlawn Cemetery in Springfield.

A celebration of life service will be held at 6 p.m. Monday, Aug. 2, 2010, at the Bennett Spring Church of God.

Online condolences may be made at www.klingnerfuneralhome.com

In the Corporate Tax Race, America's Pulling Up the Rear

Over the last year, I've frequently lamented the United States' increasingly absurd position on corporate taxes - maintaining one of the highest corporate tax rates in the world and routinely demonizing standard international business tax practices, while other countries (like Canada) are racing to eliminate tax burdens in order to enhance their domestic companies' global competitiveness.  Unfortunately, the last few weeks have produced a depressing cavalcade of similar news.

First, Sen. Carl Levin (D-MI) and Rep. Loyd Doggett (D-TX) introduced legislation to stop "tax haven" abuse by US multinational corporations:
The U.S. government loses $37 billion per year in tax revenues because multinational corporations stash money in overseas tax havens, Democratic Senator Carl Levin and a group of small businesses said in a report on Tuesday.

Levin, who for years has pushed for a tough law to fight tax evasion among corporations, has enlisted some small businesses to back his so-far unsuccessful proposal to close loopholes letting companies legally avoid taxes by keeping income abroad.

"There are too many small businesses now paying more than their fair share," Levin told reporters on a conference call. "It creates a very unfair competitive situation."

Levin wants to attach some of his proposals to help fund a bill that sets up a $30 billion fund for small business. Levin has tried to attach his initiative to other bills in the past without success....

Policy changes sought include a ban on transferring intellectual property abroad to evade taxes, and repeal of a rule letting companies pay no U.S. taxes when 80 percent of their revenue is earned overseas.
A couple days later the House Ways and Means Committee held a hearing on "transfer pricing" - the prices charged by one affiliate to another in an intercompany transaction involving the transfer of goods, services, or intangibles. In his opening statement, Chairman Sander Levin (D-MI) warned that "multi-national companies are potentially gaming the current system to shift assets and funding within foreign-based entities to avoid paying U.S. taxes."  He blamed the misuse of transfer pricing rules for American job losses: "[W]e must be using the U.S. tax code to promote job creation and strengthen economic security for workers and businesses here in America."

At the same hearing, Deputy Assistant Treasury Secretary Stephen Shay told the Committee that "there is evidence of substantial income shifting through transfer pricing."  He was frequently asked about the United States' high corporate tax rate of 35 percent (second highest in the world!) and how that contributes to income shifting.  He agreed that the corporate tax rate in the United States is high in comparison to other OECD nations, but he attempted to assuage the Committee's very real concerns by saying that the effective US tax rate (after deductions, credits, etc.) is closer to the average OECD member nation.

Closer, maybe.  But still higher - by a very significant margin.  And, as I've previously noted, a recent Cato Institute paper shows that the effective US corporate tax rate on new business investments is the highest in the OECD.  The paper's authors also concisely explain how such taxes harm US companies' bottom lines:
[T]he lack of reform in the United States is likely reducing both tax compliance and inward foreign investment. During the 1980s, the United States enjoyed larger direct investment inflows than outflows, but during the 1990s and 2000s, the situation reversed and outflows became larger than inflows.6 Both tax and non-tax factors probably caused this reversal, but it does not help that the United States is near the top of the 80 nations.... The nations with the highest effective tax rates, such as Argentina, Brazil, Chad, India, and Uzbekistan, generally have high statutory rates and taxes on capital or gross revenue that add to the burden on investment.

The excessively high U.S. corporate tax rate reduces economic growth by discouraging both domestic capital formation and inward foreign direct investment. Less investment means slower wage growth and reduced living standards over the long run.

A further problem is that the high U.S. corporate tax rate is applied to worldwide profits, which places the overseas operations of U.S. multinational corporations at a tax disadvantage compared to businesses based in countries that have both a lower corporate tax rate and a tax exemption for repatriated foreign profits.

Finally, the high U.S. corporate tax rate reduces government revenues because it increases tax avoidance. Empirical studies have found that the revenue-maximizing corporate income tax rate is about 25 percent today and has declined over time.  The U.S statutory and effective corporate rates are much higher than the revenue-maximizing rate, thus both the government and the economy would gain from a major rate cut.
Given these facts, the Treasury Department's argument about US corporate tax rates is, in a nutshell, "we still stink, but less than you think."  As catchy as that motto might be, it's hardly a good defense.

But what about all of those evil tax loopholes that corporations are "abusing"?  Well, as mentioned above, onerous American tax rates actually encourage evasion (and often lead to lower tax revenues).  But more importantly, most things that congressmen and senators have described as "abuse" are routine business practices.  And as Cato's Dan Griswold noted last year, contrary to Chairman Levin's claims, these legitimate offshore tax moves actually increase US jobs:
The biggest tax exemption for U.S. companies that invest abroad is the deferral of tax payments for "active" income. U.S. corporations are generally liable for tax on their worldwide income, whether it is earned in the United States or abroad. But the relatively high U.S. corporate tax rate is not applied to income earned abroad that is reinvested abroad in productive operations. U.S. multinationals are taxed on foreign income only when they repatriate the earnings to the United States. Not surprisingly, the deferral of active income gives U.S. companies a powerful incentive to reinvest abroad what they earn abroad, but this is hardly an incentive to "ship jobs overseas."

Such deferral may sound like an unjustified tax break to some, but every major industrial country offers at least as favorable treatment of foreign income to their multinational corporations. Indeed, numerous major countries exempt their companies from paying any tax on their foreign business operations. Foreign governments seem to more readily grasp the fact that when corporations have healthy and expanding foreign operations it is good for the parent company and its workers back home.

If President Obama and other leaders in Washington want to encourage more investment in the United States, they should lower the U.S. corporate tax rate, not seek to extend the high U.S. rate to the overseas activities of U.S. companies. Extending high U.S. tax rates to U.S.-owned affiliates abroad would put U.S. companies at a competitive disadvantage as they try to compete to sell their goods and services abroad. Their French and German competitors in third-country markets would continue to pay the lower corporate tax rates applied by the host country, while U.S. companies would be burdened with paying the higher U.S. rate. The result of repealing tax breaks on foreign earnings would be less investment in foreign markets, lost sales, lower profits, and fewer employment and export opportunities for parent companies back on American soil.
And speaking of global tax competition, it seems that every other country understands these basic facts and has thus jumped on the corporate tax-reduction bandwagon.  I've already blogged about Canada's great tax moves as it attempts to become a top destination for multinational business investment, but in recent weeks we've seen other countries embark on similar paths.  For example, the new government in Japan - site of the highest corporate tax rate in the developed world - announced that it was strongly pushing a significant corporate tax cut:
The [Japanese] government pledged in its medium-term economic plan released last month to bring the corporate tax rate down to a level “commensurate” with other leading nations to spur growth. At around 40 percent, Japan’s corporate tax rate is among the highest in the OECD.

Countries with lower tax rates may enjoy a higher share of revenue because a smaller levy stimulated economic growth or they broadened the tax base, the report said, citing research.

Companies in Tokyo pay a levy, including local taxes, of 40.7 percent. The burden is higher than China’s 25 percent, Seoul’s 24.2 percent and France’s 33.3 percent, Finance Ministry data show. The OECD’s average is around 26 percent.
Not to be outdone, the United Kingdom announced plans to lower its corporate tax rate from 28% to 24% over the next four years.  And Australia's doing the same.

So to recap: In 2010, the United States government uses lame excuses to defend its ridiculously high corporate tax rates, and seeks to end corporate "abuse" of tax rules that actually benefit American businesses and workers - abuse that is often caused by the very same ridiculous tax rates.  Meanwhile, major industrial powers (and US competitors, of course) Japan, Canada, the UK and Australia are furiously racing to lower their corporate tax rates in order to encourage domestic investment and jobs.

No wonder so many of our campaigning politicians routinely demagogue globalization - they obviously don't understand it.

Springfield Man Pleads Guilty To Murdering Elderly Carthage Couple:

Matthew D. Laurin (mug shot JCSO)

A Springfield man has admitted that he took part in the October 2008 murders of an elderly Carthage couple.

Twenty year-old Matthew D. Laurin pleaded guilty today to the brutal stabbing deaths of Robert, 70, and Ellen Sheldon, 71, on October 11,2008. Robert Sheldon was stabbed 26 times, his wife six when they returned to their home just west of Carthage after attending a church function. The family dog was also killed in the attack.
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Robert and Ellen Sheldon (family photo)

It was a plea that will keep Laurin off of death row.

Detectives say robbery was the motive behind the Sheldon's murders. Authorities say that Darren Winans and Zachary S. Townsend had been to the Old Cabin Shop, a gun and archery store that the Sheldon's owned and operated on their property, in September of 2008 and that a gun was stolen from the shop during their visit.

A witness testified at Laurin and Winans preliminary hearing that in December of 2008, Winans told her and her daughter that he and Laurin went to Carthage to kill Robert and Ellen Sheldon and their dog because their drug dealer wanted guns in exchange for drugs. Teresa Adkins says that Winans told them, “him and Matt had gone to Joplin to kill two people and a dog for drug money . . . to rob the place.”

Jasper County Sheriff Archie Dunn says Winans allegedly convinced Laurin to accompany him "because the Sheldon's were easy targets."

Laurin and Winans, 22, of Jasper, were arrested in July of 2009 and charged with two counts of murder, two counts of armed criminal action and burglary. Both men pointed the finger at each other for the grisly murders of the elderly couple, however yesterday on the petition to change his plea Laurin changed his story.

His statement of facts reads: “Darren Winans and I wanted to buy some cocaine and marijuana. We needed money to do it so we planned to rob a gun shop that Darren knew about near Carthage, and steal some guns and sell them.“On Oct. 11, 2008, around 10 p.m., I drove Darren and myself to the property owned by Robert and Ellen Sheldon. Both Darren and I had bought masks and gloves to wear, and both of us brought knives in case we needed them.“The alarm system was on in the gun shop so we went to the house the Sheldons lived in. The door wasn’t locked so I just opened the door and went in. I asked Ellen Sheldon and Robert Sheldon for the keys to the gun shop, but neither would give them to me so I stabbed both of them until they died. Then Darren went upstairs and found a couple of guns and a safe and we took those and left.”

Bob Sheldon had been a reserve deputy with the Jasper County Sheriff's Office.

Laurin waived his right to a sentencing assessment report and was sentenced by Circuit Judge Gayle Crane to two life terms without the possibility of parole for the murder convictions, two 20-year terms for armed criminal action and 15 years for the burglary. Those sentences will run consecutive to each other (one after the other.)

The children of Bob and Ellen Sheldon approved the plea agreement.

Darrin Winans (mug shot JCSO)

The death penalty is still on the for Darren Winans as his case works it's way through the court system. There is no word on whether a plea deal is in the works in his case. As part of Laurin's plea deal with prosecutors, he will not have to testify against Winans.

Former Employee Of City of Nixa Sentenced To Two Years In Federal Prison In Scheme To Defraud City:

David W. Griggs (mug shot CCSO)


A former employee for the city of Nixa, will spend to two years and eight months in federal prison without parole for his part in a series of mail fraud and money laundering schemes that cost the city $756,000.

On Aug. 27, 2009, David W. Griggs, 45, of Willard, pleaded guilty to conspiracy to commit mail fraud, theft from an organization receiving federal funds, and conspiracy to commit money laundering. Griggs must forfeit $756,010 to the feds, pay $272,718 in restitution to the city and turn over a 1999 Dutchman travel trailer, which was bought with the stolen loot.

Griggs was employed by the city of Nixa as a utility worker in the city’s street department from Nov. 6, 2003, to Feb. 8, 2006. He was promoted to be the lead utility worker on Aug. 4, 2004.

Co-defendant Larry W. Covington, 50, of Ash Grove, pleaded guilty on June 1, 2010, to his role in the conspiracy to defraud the city of Nixa. Covington, who was superintendent of the street department, was employed by the city of Nixa from March 6, 2000, to February 24, 2009 when he was charged.
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Larry W. Covington (mug shot CCSO)

Griggs and Covington set up two bogus businesses – Airborne Specialist (sometimes referred to as Airborne Specialists) and Tri-State Supply – to bill the city of Nixa approximately $273,645 in goods and services for the street department that were never provided. During the course of the conspiracy, 122 fraudulent invoices were submitted to the city.

Covington admitted that he prepared purchase orders for street department supplies that were invoiced by the two fictitious businesses.

Griggs established separate post office boxes for the two businesses. When the city mailed checks payable to the businesses, they were deposited into business bank accounts and Covington and Griggs would split the proceeds.

Covington also admitted that he registered a third fictitious business with the Secretary of State's office, Ward & Spooner, and repeatedly billed the city of Nixa for goods and services that were never provided. Between Dec. 7, 2004, and Feb. 25, 2009, Covington submitted 150 fraudulent invoices totaling $482,365 to the city of Nixa.

Covington also admitted that he participated in a mail fraud conspiracy related to financial transactions involving the proceeds of the mail fraud.

Covington’s wife, Paula K. Covington, 53, of Ash Grove, pleaded guilty to money laundering in May. She bought American Kennel Club-registered Labrador retrievers and a four-hole, homemade dog trailer with her proceeds of the stolen money. When her husband was arrested on state charges on February 24, 2009, she contacted the owner of Lone Oak Retrievers and directed him to immediately sell three of the dogs.
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Paula Covington

On March 3, 2009, the owner of Lone Oak Retrievers sold three of the dogs. Paula Covington had him deposit $10,881 in another person’s account at Liberty Bank. On March 6, 2009, $10,640 was withdrawn from the Liberty Bank account and was used to purchase two cashier’s checks totaling $10,636. Both of the cashier’s checks were made payable to Advanced Bail Bonds of Ozark, Mo., for the purpose of posting bond for Larry Covington.

Paula Covington admitted that the money from the sale of the dogs represented the proceeds of mail fraud. She also admitted that the financial transactions involved – including the wire transfer of funds into Liberty Bank and the withdrawal of the funds in order to purchase the cashier’s checks to pay the bonding company – was designed to disguise the fact that the money from the fraud scheme was used to post her husbands bond.

Paula Covington will serve one year and one day in prison for her role in the crime.

Christian County Prosecutor Ron Cleek

Christian County Prosecutor Ron Cleek dropped state charges against Griggs, and the Covington's when federal prosecutors charged the trio.

No sentencing date has been set for Larry Covington, according to Don Ledford, spokesman for Western District of Missouri Attorney Beth Phillips.

Saturday, July 24, 2010

Should He Stay Or Should He Go? Voters In Berryville Will Make Decision For Mayor After Multiple DWI Convictions:

Mayor Tim McKinney (mug shot WCSO)

Another mayor in the Ozarks wants voters to decide if he should retain his office or be replaced after spending time behind bars for driving while intoxicated.

Tim McKinney has been the mayor of Berryville, Arkansas, for the past twenty years and says he is a recovered addict who wants voters to give him a second chance.

Last year McKinney spent 53 days in jail after pleading guilty to two unrelated DWI cases and pot possession. He served out his jail term for the Carroll County conviction in Washington County after agreeing to privately pay for his room and board.

The Berryville city council did not ask McKinney to step down from office after his convictions, now voters will decide if McKinney serves another term.

In February of this year the mayor of Nixa, MO, Brian Hayes was impeached after he pleaded guilty to driving drunk in June of 2009. Hayes ran for re-election in April of this year but was defeated by builder Sam Clifton.

Friday, July 23, 2010

Newton County Authorities Searching For Man Who Crawled Through Patrol Car Window:

Mitchell E. Brown Jr. (mug shot NCSO)

Authorities in Newton County need your help in locating a man who escaped from a locked patrol car Wednesday night (07-21-10.)

Chief Deputy Chris Jennings says officers were called to a domestic disturbance call at 317 Oneida St. in Seneca and arrested Mitchell Ellery Brown, Jr., 23. Jennings said the 20 year-old victim, J. B., told them that Brown hit and choked her. Jennings said Brown also destroyed the inside of the residence during the alleged altercation.

Jennings says that as the deputy was taking a statement from the victim, Brown crawled through the window of the patrol car and ran off.
In August of 2009 Brown pleaded guilty to domestic assault and was placed on two years probation. In January of 2010, he was charged with domestic for an alleged assault in December.

If you can help police locate Brown you're asked to call the Newton County sheriff's office at 417-451-8300 or 9-1-1.

Thursday, July 22, 2010

Thursday Quick Hits

I know I've been a tad delinquent this week, but it's summer, and, well, the heat makes me lazy:
  • America's Bad Trade Parenting Continues.  I've noted several times now about how the United States loves to practice "do as I do, not as I say" trade policy, particularly when it comes to enforcement.  Now, it appears that the US government, fresh off its near-constant (and often justified) criticism of foreign intellectual property protections, is receiving loud complaints from the Japanese government and US/Japanese companies for its failure to policy "manga" piracy.  What is "manga," you ask?  Well, I'm not exactly sure, but I do know that it's a kind of Japanese anime', and that American "fans" are apparently stealing the heck out of it.
  • Democrats Don't Heart KORUS.   For American free traders, November 2010 can't come fast enough: "'At a time when our economy is struggling to recover from the worst downturn since the Great Depression, it is unthinkable to consider moving forward with another job-killing FTA,' the 110 members of the U.S. House of Representatives said in a letter to Obama....  'We oppose specific provisions of the agreement in the financial services, investment and labor chapters because they benefit multi-national corporations at the expense of small businesses and workers,' they said."  Oh, yeah, those horrible Korean labor standards, I almost forgot! 
  • Three Guesses Why Democrats Don't Heart KORUS.   As relayed to us by one of their own (liberal blogger Mickey Kaus), here's in a nutshell the reason why 110 House Democrats wrote that angry anti-KORUS letter: "I think the Democratic Party has been captured by its interest groups. The unions are the main one."  Kaus was speaking about the California Democratic Party, but the theme certainly applies nationally too.
  • Race to the Top, part 789.  More strikes, and more pay raises in China: "Workers at two suppliers for foreign automakers in Southern China returned to work on Thursday after obtaining hefty pay rises, ending strikes that again highlighted the carmakers' vulnerability to their Chinese suppliers."  I don't know what's more tongue-firmly-in-cheek surprising: the strikes themselves or the lack of armed suppression by the evil multinational corporations. 

Delayed Justice?? Public Defenders Office Will Not Accept New Cases Until At Least August 1st:

It's been no secret that public defenders offices in the state were nearing caseload capacity. Last year Greene County Prosecutor Darrell Moore and the Springfield Bar Association announced that private attorney's would take on some pro bono work in an effort to ease the PD's caseload.

However, today the Springfield Public Defenders office announced it will not take any new cases due to case overload until at least August 1st, but even that date is questionable.

Cat Kelly, deputy director of the Missouri Public Defender's office says, "Absent a drastic reduction in the numbers of defendants needing defender services, this pattern will continue each month thereafter --with the office able to accept new cases only for the first two to three weeks of each month before reaching its maximum and closing its doors to those clients whose cases arrive at the public defender’s office thereafter."

The twenty-lawyer office serves Greene, Christian, and Taney counties. The closing rule applies if an office exceeds maximum caseload standards for three consecutive months.

According to Kelly, "For well over a year, the Greene County courts have been taking informal steps to try to divert cases from the Public Defender in the hopes of avoiding this step. Their efforts slowed the numbers of cases coming in the door of the Springfield Defender Office but not enough. As of the end of June, the office was still being assigned cases requiring close to 34% more attorney hours to handle than the office has available to provide."

Christian County Prosecutor Ron Cleek

Christian County Prosecutor Ron Cleek, who is running for re-elections says, "There are three public defender's that deal with about 50% of the case load in my county. I have the same number of attorney's that deal with 100% of the case load, victims and paperwork too. The public defender's office just got $2 million dollars to help them with their caseloads, but they still say they're overworked and underpaid."

Taney County Prosecutor Jeff Merrell says he believes that the Public Defenders office handles less than half of the case that are filed in his county. "It's disappointing. I knew this day was coming...but it's disappointing nonetheless."

Taney County Prosecutor Jeff Merrell

In December of last year, the Missouri Supreme Court ruled that, under the current statutory scheme, Missouri’s Public Defenders could not manage their case load by taking on new felony cases over misdemeanor offenses.

This is the first time an office of a Missouri Public Defender has not accepted new cases since that ruling.

Kelly says that each individual judge will have to decide if they are going to hold cases that are filed after the closing date for the public defenders office. " If they want to create a waiting list, they can do that, but the court will have to make that decision and it will probably mean that we will close to new cases earlier in the month. We won't be surprised if this ends up in front of the Supreme Court again."

According to Kelly, "The Springfield Defender Office is the first to close its doors to new cases, but it will likely have company from other defender offices soon enough. As of today’s date, J. Marty Robinson, the Director of Missouri’s Public Defender System has given notice to another twenty Judicial Circuits that the defender offices serving their courts are also exceeding maximum caseload limits and are facing similar certification and closure if informal efforts to divert caseload in those areas do not prove more successful than they did in Greene County."

Wednesday, July 21, 2010

Uncle Charged With Providing Drugs That Caused Teen's Death:

Daniel Verl Cox (mug shot WCSO)

Charges have been filed against the uncle of a Marshfield teen who died after he allegedly provided pain pills to 18 year-old Dwight Adam Stewart last May.

Webster County Prosecutor Danette Padgett filed involuntary manslaughter and distribution of a controlled substance charges against Daniel Verl Cox, 26, of Marshfield late this afternoon (07-21-10.)

Cox was originally arrested on probable cause within a few days of Stewart's death, but was released within 24 hours because Padgett was waiting on investigative reports before filing formal charges.

In the probable cause statement, Cox told Detective Rick Hamilton that he and Stewart got two pills from a man they picked up and had given a ride to near Marshfield. He said the pills looked like Ibuprofen.
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Dwight Adam Stewart (family photo)

Three days after Stewart's death, Cox told investigators that the pills were oxymorphine, “Daniel said he, himself bit into one pill and spit it out. Daniel said he felt effects from it by just biting into it,” Hamilton wrote.

The statement goes on to say that Stewart and Cox went to the home of some friends, who are brothers, to "smoke weed." Jared and Jayson Vancolkenburg told Deputy Lee that Cox had provided drugs and alcohol to Stewart in the past...one of them told the deputy they believe Cox "is responsible for Stewart’s death."

Jayson Vancolkenburg told investigators that Stewart was pale that night. He said Stewart could not stay awake and went outside to "throw up." He said that Stewart later vomited in the bathroom.

According to Cox, he and Stewart then went to his home on Greer Creek Road north of Marshfield and played video games until about 2:00 a.m. When Debbie Cox tried to wake her grandson up about noon he was unresponsive and she called 9-1-1. She told Deputy Lee her son left the house before authorities arrived.

Autopsy results show that Stewart was probably dead for about 12 hours before his aunt attempted to wake him up. The cause of Stewart's death was a combination of him choking on his own vomit and lack of oxygen to the brain acerbated by alcohol.

When Cox was re-interviewed by Hamilton on June 20th, Cox admitted giving, Stewart, as well as other people, drugs in the past, but that “he didn’t realize how serious this is until something bad like this happens,” and that he didn't think that the pill he gave Stewart would kill him.

Stewart's death has hit family and friends hard. Just two years ago his father was killed in an alcohol related crash. Dwight would have graduated from high school this summer after completing some summer courses.

Padgett says people need to realize that providing drugs to someone "Can drastically change their life. If you have a neighbor who has a back ache after working outside all day and you give them hydrocodone and they die, you'll be prosecuted. The involuntary manslaughter charges actually carries less time on it than the distribution charge. It's kind of backwards in my opinion."