Author Archive

ROBERT W. BERRY SENTENCED TO 28 YEARS IN PRISON FOR JANUARY 9, 2011 SHOOTING

Posted May 13 2015 by with Comments Off

OZARK, MO – The Christian County Prosecuting Attorney’s Office announces that on May 7, 2015, Robert W. Berry, D.O.B. 12-28-1965, was sentenced to a total of 28 years in the Missouri Department of Corrections for the January 9, 2011 shooting of his former mother-in-law. The Honorable Senior Judge J. Miles Sweeney pronounced the sentence following an approximate six hour sentencing hearing during which the State presented evidence of the aggravating factors surrounding the shooting. The Court imposed a sentence of 25 years for the crime of assault in the first degree, a sentence of 3 years for the crime of armed criminal action, and a sentence of 10 years for the crime of burglary in the first degree. The sentences for assault in the first degree and armed criminal action are to run consecutively. The sentence imposed for burglary in the first degree is to run concurrent to count I and II. The State requested a life in prison for the assault in the first degree, 100 years in prison for armed criminal action, and 15 years in prison for burglary in the first degree, with all counts to run consecutively. The defendant requested 15 years in prison on each count to run concurrently.

Prior to pronouncing sentence, the Court heard the details surrounding the January 9, 2011 shooting where Robert Berry entered the residence of D.W. without permission, armed with two firearms, with the intent to kill D.W. Berry shot and disabled D.W.’s dog and waited in the residence for her to arrive home from church. Once D.W. entered her residence, Berry shot her multiple times in the head and body. Berry also struck D.W. in the head multiple times with the butt of the rifle and with a crowbar. D.W. was able to escape and run to a nearby residence for help. D.W. sustained permanent injuries as a result of being shot.

Detectives from the Christian County Sheriff’s Office recovered a magazine tube, numerous shell casings, and a crowbar from the scene. The magazine tube was analyzed at the Missouri State Highway Patrol Lab and finger prints matching Berry were found.

Following the shooting Robert Berry fled the state. He was located in Arkansas on January 13, 2011. Items inside the car included woman’s clothing, a woman’s wig, and an atlas. In addition, Robert Berry had altered his appearance by shaving his head. Additionally in the vehicle there was a pair of blue jeans, the jeans were sent for analysis at the Missouri State Highway Patrol Lab in Springfield; who found blood on the jeans and further lab analysis found the DNA consistent with D.W.

Under Count I: assault first degree the range of punishment is 10 years to 30 years or life in the Missouri Department of Corrections and currently a defendant must serve 85% of any sentence before being eligible for parole. Currently, life, unless designated without the possibility of parole, is calculated at 30 years for determination of parole eligibility. Under Count II: armed criminal action the range of punishment is a minimum term of three years in the Missouri Department of Corrections. There is no maximum term of years. Under Count III: burglary in the first degree the range of punishment is 5 to 15 years in the Missouri Department of Corrections.

The case was prosecuted by Assistant Prosecuting Attorney Kristen M. Tuohy and Christian County Prosecutor Amy Fite. The Christian County Sheriff’s Department investigated the crime.

FOR MORE INFORMATION DOWNLOAD PRESS RELEASE

JURY FINDS MICHELE L. MONTIEL GUILTY

Posted Apr 17 2015 by with Comments Off

OZARK, MO – The Christian County Prosecuting Attorney’s Office announces that on April 15, 2015, Michele Montiel, D.O.B. 6-23-1977, was found guilty by a Christian County jury of the class C felony of assault in the second degree and class D felony of leaving the scene of a motor vehicle accident. The jury trial commenced before the Honorable Laura Johnson on April 13, 2015 and concluded on April 15, 2015.

The jury deliberated approximately 3 ½ hours before reaching its verdicts. The defendant found guilty for offenses involving an October 21, 2011 crash that critically injured a man and his horse while riding near FF Highway and Blue Springs Road in Christian County, Missouri.

Sentencing is set before the Honorable Laura Johnson on June 16, 2015 at 1:30 P.M.

The range in punishment for a class C felony is one day up to 7 years incarceration and/or a fine not to exceed $5,000. The range in punishment for a class D felony is one day up to four years incarceration and/or a fine not to exceed $5,000.

The investigation of this case was handled by the Missouri State Highway Patrol. The case was prosecuted by First Assistant Prosecuting Attorney Kristen M. Tuohy.

FOR MORE INFORMATION DOWNLOAD PRESS RELEASE

JULIE HORSTMYER SENTENCED TO PRISON

Posted Apr 13 2015 by with Comments Off

OZARK, MO – The Christian County Prosecuting Attorney’s Office announced that on April 10, 2015, JULIE M. HORSTMYER DOB: 9/9/1982 formerly of Republic, MO, was sentenced by Special Judge Michael Cordonnier to seven years in the Missouri Department of Corrections after having pled guilty on March 6, 2015, to the class C felony of endangering the welfare of a child first degree pursuant to a plea agreement. Seven years is the maximum term of imprisonment for a class C felony.

On November 5, 2011, Julie Horstmyer called 911 shortly after 8:00 a.m., after another adult in the residence where she was staying found Horstmyer’s two-year-old daughter non-responsive and cold to touch in a pack and play. Emergency personnel responded to the residence in Clever, Missouri and the two-year old was pronounced dead at the scene. The pathologist found the child died as a result of sertraline (Zoloft) in her system. Horstmyer pled guilty to endangering the welfare of a child first degree by knowingly creating a grave risk to the life, body or health of the child by failing to seek medical treatment for the child after the child ingested sertraline (Zoloft).

Endangering the welfare of a child 1st degree is a class C felony. The range of punishment is 1 day to 1 year in the Christian County Jail or two years to seven years in the Missouri Department of Corrections and/or a fine up to $5000.

This case was investigated by the Christian County Sheriff’s Department. The prosecution was handled by Prosecuting Attorney Amy Fite

FOR MORE INFORMATION DOWNLOAD PRESS RELEASE

AMY FITE RECEIVES JAMES P. DAMOSE AWARD

Posted Apr 6 2015 by with Comments Off

20150326_125730 The Missouri Victim Assistance Network (MOVA) awarded the James P. Damose Award to Prosecutor Amy Fite at the MOVA Conference on March 26, 2015 in Springfield, Missouri. This award is to honor professionals in the fields of law enforcement, social services, and the judicial system. This award is presented to an individual who has made a significant difference to victims and/or victim services above and beyond their designated responsibilities.

 

ROBERT BERRY PLEADS GUILTY FOR JANUARY 2011 SHOOTING

Posted Feb 25 2015 by with Comments Off

OZARK, MO – The Christian County Prosecuting Attorney’s Office announces that on February 24, 2015, ROBERT W. BERRY, DOB: 12-28-1965, formerly of Sparta, MO pled guilty to assault in the first degree, armed criminal action, and burglary in the first degree, before the Honorable Senior Judge J. Miles Sweeney. Berry was set for jury trial on March 9, 2015.

On January 9, 2011 Robert Berry entered D.W.’s residence without permission armed with two firearms. Berry was waiting for D.W. inside the residence when she returned home from church and shot her multiple times in the head and upper body. After a struggle, D.W. was able to escape to a neighbor’s house for help. Berry’s prints were located on evidence collected at the scene.

Robert Berry fled the state and was arrested in Arkansas on January 13, 2011, following a brief pursuit by police. Investigators located women’s clothing, a woman’s wig, and an atlas inside the vehicle Berry was driving. In addition, Robert Berry had altered his appearance by shaving his head. Investigators also located a pair of blood stained blue jeans in the vehicle belonging to Berry that were submitted to the Missouri State Highway Patrol Lab in Springfield for DNA analysis. That analysis determined the blood on the jeans to be consistent with the victim.

The defendant is set for a sentencing hearing on May 7, 2015 at 9:00 a.m. The range in punishment for Count I: assault in the first degree is 10 years to 30 years of life in the Missouri Department of Corrections. In addition, the defendant must serve 85% of any sentence before being eligible for parole. The range in punishment for Count II: armed criminal action is a minimum of three years in the Missouri Department of Corrections. Under count III: burglary in the first degree the range of punishment is five to fifteen years in the Missouri Department of Corrections. The maximum sentence the defendant could serve for the maximum term on each count and each count to be run consecutively to one another.

This case was investigated by the Christian County Sheriff’s Office. The prosecution was handled by 1st Assistant Prosecuting Attorney Kristen Tuohy and Prosecuting Attorney Amy Fite.

FOR MORE INFORMATION DOWNLOAD PRESS RELEASE