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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Christian County Prosecuting Attorney, Amy J. Fite announced today that ALEX DAVIS, dob: 6/19/1979 of Ozark, Missouri was sentenced to twenty-five (25) years in prison by Christian County Circuit Judge Mark for the crimes of Attempted Robbery in the 1st Degree, Assault the 1st Degree, and Armed Criminal Action. All counts were to run concurrent and probation was denied. ALEX DAVIS was convicted by a Christian County jury on all counts on December 21, 2010. The trial was handled by former Christian County Prosecuting Attorney, Ron Cleek and Assistant Prosecuting Attorney, Janette Bleau.

On January 28, 2010, the defendant, ALEX DAVIS hit the victim in the head with a hammer during a robbery attempt. At trial, the victim testified that he received 15-16 stitches for a gash to the top of his head as a result of the attack. Besides the victim, a co-defendant to ALEX DAVIS also testified as to the attack. At sentencing, evidence was presented of the defendant’s prior criminal history that included six prior convictions including convictions for robbery and forgery.

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Members of the Missouri Association of Prosecuting Attorneys (MAPA) testified yesterday in Jefferson City regarding concerns over the sentencing recommendations from the Missouri Sentencing Advisory Commission (MoSAC) and the misleading way recidivism data is being shared as well as the lenient sentence recommendations being made on violent crimes and sex crimes. Dr. Jeffery Milyo, Middlebush Chair and Professor of Social Sciences at the University of Missouri, Economics Department also testified on behalf of MAPA. To download more information  please click below:

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FULL TEXT OF HB 257 CALLING FOR ELIMINATION OF THE MOSAC

TESTIMONY BY PLATTE COUNTY PROSECUTOR, ERIC ZAHND

STUDY BY DR. JEFFREY MILYO