On April 14, 2011, House Bill 257 (HB 257) was perfected and passed by the Missouri House of Representatives. HB 257 is designed to repeal the provisions regarding the Missouri Sentencing Advisory Commission (MoSAC). Recommended sentences made by MoSAC are often woefully inadequate in heinous cases, and an emphasis is placed on reducing prison sentences for budgetary reasons.  If the MoSAC is abolished, Courts would still be able to gather a pre-sentence investigation report about defendants before making a decision on an appropriate sentence.

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FULL TEXT OF HB 257 FOR ELIMINATION OF THE MOSAC

Ozark, MO – Christian County Prosecuting Attorney, Amy J. Fite is excited to announce that the office has completed its first week of paperless operation. On Monday, April 4th, any and all documents that would normally be in a file were scanned into the computer system operated by the prosecutor’s office. Prosecutors began taking laptops to court instead of files.

The goal and purpose of a paperless office is efficient and effective prosecution. A paperless office provides quick access to all files and data necessary to prosecute a case. During these current economic times, a paperless office costs less to run than a conventional office. Fite had made it one of her primary goals to accomplish in the first year of office. Fite stated “I had wanted to have this done by September 1 but we have done it five months ahead of schedule” Fite acknowledged that First Assistant Prosecuting Attorney, Chris Lebeck was instrumental to this accomplishment. “Chris has worked tirelessly to get this done timely and cost effectively. I am very fortunate to have him on my team” stated Fite.

Despite a reduced budget from last year, the office went paperless without requesting any additional monies from the county commission.

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Christian County Prosecuting Attorney Amy J. Fite announced today that on March 29, 2011, ISSAC JOHNSTON, dob: 3/8/1984, was found guilty by Christian County Associate Circuit Judge John Waters following a bench trial wherein the defendant was charged with the Class A misdemeanor of domestic assault in the third degree in case number 09N8-CR02022.

Assistant Prosecuting Attorney Janette Bleau represented the State and prosecuted the defendant for assaulting the mother of his child by grabbing her and leaving bruises on her body.

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Christian County Prosecuting Attorney, Amy J. Fite is pleased to announce in connection with area law enforcement that Christian County Missouri will adopt a “No Refusal” policy as to impaired driving starting Monday March 14, 2011. This law enforcement and prosecutorial strategy is another tool that police and prosecutors can use to enforce driving while intoxicated laws and keep the public safe by requesting a search warrant for blood on suspects who refuse to give a breath or blood sample.

“Impaired driving remains a major public safety threat that still claims thousands of innocent lives on our roadways every year. As a county we need to make sure we are using all the tools available to effectively and efficiently prosecute impaired driving” said Christian County Prosecuting Attorney, Amy J. Fite.

In Missouri anyone driving with a blood alcohol concentration (BAC) of .08 grams per deciliter or higher is considered legally impaired. However, many impaired drivers refuse to submit to BAC testing in an attempt to avoid the criminal sanctions they could face upon conviction.

BAC test refusals are increasing around the Nation. In a 2008 NHTSA report to Congress, Refusal of Intoxication Testing: A Report to Congress, refusal rates ranged from 2.4 percent to 81 percent, with an average refusal rate of 22.4 percent.

This “No Refusal” policy is designed to address this issue for the citizens of Christian County. Police and other law enforcement officials will work in coordination with prosecutors to quickly request search warrants through the criminal court system for blood for drivers who refuse BAC testing. With the approval of a judge, anyone suspected of impaired driving who refuses to provide a breath sample is subject to blood testing at the scene, a medical facility, or nearest jail facility. The program helps ensure that prosecutors obtain the scientific evidence needed to effectively and efficiently pursue cases involving impaired driving.

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Christian County Prosecuting Attorney Amy J. Fite announced today that Karen D. Gibbs, dob: 11/16/1966 of Hollister, Missouri plead guilty in front of Christian County Circuit Judge Mark Orr to the Class C Felony of Aggravated Driving While Intoxicated in case number 09N8-CR01774. In order to be charged as an Aggravated Driving While Intoxicated Offender, the defendant must have at least three (3) prior alcohol related convictions.

Formal sentencing in the matter is set for April 15, 2011. The class C felony of aggravated driving while intoxicated carries a range of punishment of one day to seven years incarceration and/or a fine up to $5,000. In addition, the punishment for an Aggravated Driving While Intoxicated Offender also requires a minimum of 60 days incarceration.

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