Missouri’s new distracted driving law begins with warning-only period

By Annelise Hanshaw

Missouri Independent

Beginning today, a Missouri law will penalize drivers for using their cell phones while the car is moving.

Inattention is a leading cause of collisions, said Captain John Hotz, director of public information and education for the Missouri State Highway Patrol.

(Photo- Missouri drivers violating the rules of the road are eligible for a second penalty — for texting and driving- Annelise Hanshaw/Missouri Independent).

Between 2017 and 2021, roughly 380 people died in incidents involving a distracted driver, according to the Missouri Coalition for Road Safety.

But law-enforcement officers can’t penalize someone just for holding a phone. A driver must also be committing another violation.

Texting while driving is a secondary offense — meaning police officers can’t pull a driver over simply for using a cell phone, but it can be added to other citations.

“The seatbelt law is also a secondary violation, but yet we still have almost 90% of people wearing their seatbelts,” Hotz told The Independent. “Our hope is that even though this is a secondary violation, if we can get nine out of 10 people to stop using these devices when they’re driving, that’s going to make a huge difference in the number of crashes that we see.”

Officers also may not search a driver’s cell phone unless a violation of the law “results in serious bodily injury or death.”

Law enforcement will issue warnings until 2025.

Then, citations will cost up to $150 for the first offense, $250 for the second violation in 24 months and $500 for the third. Fines can cost up to $500 for the first offense if the driver is in a construction or school zone.

The law prohibits holding a cell phone, except when stopped. Drivers are also not allowed to record or watch videos, although this can be done hands-free.

The law carves out a few situations in which one can use their phone: Viewing a map, accessing music or podcasts and communicating with emergency services.

Hotz said he didn’t think one could hold their phone while looking at GPS and recommended drivers obtain a dashboard mount for a cell phone, but the carveout may protect drivers in that situation.

Drivers may use hands-free technology, like Bluetooth, Apple CarPlay, headsets and technology built into the car.

In the Missouri House, legislators had concerns the law would lead to privacy violations as drivers try to prove they weren’t texting.

“​​The problem is, ultimately, the vast latitude that it gives to law enforcement to hassle people on the side of the road without any real ability for you to prove that you are not guilty of this infraction without basically giving up your electronic device to be searched,” Rep. Tony Lovasco, R-O’Fallon, said during House discussion.

Rep. Raychel Proudie, D-Ferguson, said she is worried cell-phone usage will become a secondary violation when people are pulled over and record the interaction or call a loved one for help or accountability.

Rep. Jeff Knight, R-Lebanon, said there is a year and a half to “retrain” oneself to wait until stopped to press record or call a relative. Knight sponsored the amendment that added the distracted driving provision to an overarching bill.

“I can’t tell people who have decades of muscle memory when it comes to how to interact with police for their own safety to retrain themselves on how that works,” Proudie said.

She said her concerns wouldn’t stop her from supporting the amendment because she is also concerned with distracted driving.

“We’ve seen a troubling and unacceptable trend of distracted driving crashes in recent years, and sadly, more times than not, someone other than the distracted driver was killed,” MoDOT State Highway Safety and Traffic Engineer Nicole Hood said in a statement. “We’re thankful the General Assembly and Gov. Parson recognized the need for a hands-free law in Missouri. We’re hopeful this law will change the safety culture around phone use while driving and save lives.”

Joplin R-8 Board approves 15 classified employee "separations," hires 36

During an August 22 closed session, the Joplin R-8 Board of Education hired classified employees, approved the euphemistically approved "separations" of some others, and discussed litigation and real estate.

Classified "Separations": Lauren Phillips, Alyssa Crawford, Amanda Pulliam, Billy Hales, Toba Phillips, Kayla Jones, John Hoke, Michelle Heaney, Wesley Underwood, Skyelar Long, Amanda Henderson, Amy Modras, Maggie Cowger, Brandy Hagston, Heather Peterson

Classified Employments: Rebecca Lancour, Morgan Claybrook, Samantha Foley, Linda Emmert, Martha Vargas, Stephany Wilson, Stacy Vanetta, Melodie Crossley, Adidja Ngarukiye, Sharon Matters, Mara Carpenter, Linda Cortez, Jana Kidd, Elizaeth Hininger, Patrick Franklin, Shay Simpson, Troy Harvey, Jamie Vainio, Kaylyn Simmons, Sara Harbaugh, Kristi Bass, Melissa Purcell, Anna Harmon, Melissa Mason, Rachel Kuehnast, Zion Shetley, Maniya Pullum, Cassandra Kitts, Sasha Storm, Erin Sigars, Ashley Davis, Tracy Allen, Sadie Jensen, Emily Adams, Evan Miranda, Donna Platko

More Missourians dissatisfied with public education, latest poll shows

By Rudi Keller

Missouri Independent

A recent survey found growing displeasure with Missouri schools.

A majority of respondents — 56% — rated their local schools as only fair or poor, and 71% said that about public schools generally in the state, according to SLU You/Gov poll results released last week.

More of the voters surveyed also said that charter schools — small public schools operated independently of the local distinct — should be allowed in their district, and 55% said they should be allowed statewide.

The poll happens about every six months, weighing voters’ opinions on both politicians and the big issues at the time. Poll director Steven Rogers noted a trend in perspectives on public education since the first one conducted in the early days of the pandemic.

“People have been more disapproving or rating them more poorly,” he said.

Among subgroups listed in the poll results, the highest negative ratings about local schools were from adults 30-44 and most likely to have children of school age, at 65% rating schools fair or poor. Black Missourians, at 73%, Democrats, at 63%, and residents of northwest Missouri, at 66%, also had high negative ratings for their local schools.

The highest favorable ratings for local schools came from Republicans, with 48% rating them good or excellent, and southeast Missouri, where 46% said their schools are good or excellent.

The highest negative ratings about schools generally in Missouri were from young people 18-29, recently out of the education system, at 79%, Black Missourians, 86%, Democrats, 80%, and residents of northwest Missouri, also at 80%. The highest favorable ratings for schools statewide came from Republicans, with 36% rating them good or excellent, and southeast Missouri, where 39% said schools across the state are good or excellent.

The only subgroup where opposition to charter schools equals or exceeds support either for local districts or statewide is among Democrats when asked about local charter schools. Even then, the respondents were split, with 33% supporting local charter schools, 33% opposed and 34% unsure.

Results show a majority believe there is a shortage of teachers, that four-fifths of respondents think teachers should be paid more — but that only 35% would recommend teaching as a profession. There is no subgroup that doesn’t view teacher shortages as a problem. And only two subgroups, people age 18-29 and Democrats, where more respondents said they would recommend teaching as a career than not.

The findings “are completely depressing, but they are accurate,” said state Rep. Paula Brown, D-Hazelwood. “As a former teacher, I am sad that people don’t want to go into education. But look at what is happening. They aren’t paid well. And they get an egregious amount of backlash.”

Lawmakers approved state funding to raise minimum teacher salaries to $38,000 but have not changed the law mandating only a $25,000 minimum as recommended by a blue ribbon commission appointed by the State Board of Education.

Charter schools are not a panacea to education problems, Brown said. They serve only a small number of the state’s 900,000 schoolchildren, she pointed out, and must support a separate administration from school districts.

So far, she said, testing does not show significant differences in achievement in charter schools over traditional public schools.

“If most people really knew the ins and outs of charter schools, I wonder if they would answer the same way,” Brown said.

Mark Jones, spokesman for the Missouri National Education Association, said he questions the SLU You/Gov results for local school ratings. NEA polling shows better results for local schools, he said, and elections indicate people have confidence in their districts.

“What we always tend to see in polling is that folks rate their local schools very high, and then when you ask about the entire state, that is more detached,” Jones said. “And at the ballot boxes, voters are passing taxes and levies to support students, even though the state is failing to increase funding.”

Willard man faces felony, misdemeanor charges in connection with January 6 insurrection

(From the U. S. Department of Justice)

A Missouri man has been arrested on felony and misdemeanor charges related to his actions during the breach of the U.S. Capitol on Jan. 6, 2021. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

Joseph Kerry Hicks, 49, of Willard, Missouri, is charged in a criminal complaint filed in the District of Columbia with a felony offense of obstruction of law enforcement during civil disorder and misdemeanor offenses of knowingly entering or remaining in any restricted building or grounds without lawful authority, disorderly and disruptive conduct in a restricted building or grounds, disorderly conduct in a Capitol building or grounds, and parading, demonstrating, or picketing in a Capitol building.

 

Hicks was arrested on Aug. 25, 2023, in Ozark, Missouri, and will make his initial appearance today in the Western District of Missouri.

According to court documents, Hicks is observed entering the Capitol building on Jan. 6, 2021, via the Rotunda doors after they had been previously breached by other rioters. Hicks is seen on closed-circuit television (CCTV) walking around the Rotunda for several minutes, unfurling and waving his flag, and taking to and fist-bumping other rioters. At approximately 2:46 p.m., Hicks exited the South side of the Rotunda and entered Statuary Hall, where he remained for less than a minute before heading back to the Rotunda.

Court documents say that while in the Capitol, Hicks appeared to be carrying a black flag on a white flagpole. The flag appeared to depict a skull with a stars-and-stripes pattern. The flag stated in white lettering at the bottom, “We Are Everywhere.” As depicted in other images of Hicks from Jan. 6, 2021, the flag also appeared to contain the word “III%” in one of the eye sockets of the skull. Court documents state that at this time, the FBI has not identified Hicks as having ties to any Three Percenter group.

Hicks continued to walk around the Rotunda area with his flag for serval minutes before exiting the Capitol at 2:58 p.m. After he left, Hicks attempted to re-enter the Capitol through the Rotunda doors, which had become occupied by a crowd of rioters and United States Capitol Police (USCP) and Metropolitan Police Department (MPD) officers. 

Hicks is then observed trying to re-enter the Capitol through the crowd, adding his body weight to other protestors in order to prevent the officers from expelling rioters. Hicks appeared to push for several seconds until the officers successfully overcame and expelled the rioters at the entrance.

Hicks then—now on his own—is observed in video as he braced himself against the door and backed toward the officers in an attempt to re-enter the building. Officers pushed Hicks away before another officer pulled him out of the area.

This case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Western District of Missouri.

This case is being investigated by the FBI’s Kansas City and Washington Field Offices, which identified Hicks as BOLO (Be on the Lookout) #92 on its seeking information photos. Valuable assistance provided by the U.S. Capitol Police and the Metropolitan Police Department.

In the 31 months since Jan. 6, 2021, more than 1,106 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 350 individuals charged with assaulting or impeding law enforcement.

Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

A complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Hicks Charging Information, More Photos

Rural Newton County man sentenced to 50 years for child sex crimes

(From the Newton County Prosecuting Attorney)

A rural Newton County man was sentenced by Judge John LePage of the 40th Judicial Circuit to 50 years in the Department of Corrections following a jury trial conviction on June 28th, 2023. 

Johnathan Lee Cavitte, 31, was found guilty of one count Statutory Rape and two counts of Statutory Sodomy two months ago. 

Today, Judge LePage sentenced Cavitte to 25 years on each count, with the count of Statutory Rape to run consecutively one count of Statutory Sodomy and the remaining count to run concurrently. 

“What makes this country’s judicial system so great are the rights entitled to the accused, he was entitled to his day in court, to a fair trial, and to a jury of his peers. He got those things,” stated Prosecuting Attorney William Lynch at the sentencing hearing. 

“What the state and the victim are entitled to now is justice. This victim will carry the trauma of what the defendant did to her for the rest of her life, the trauma that he caused cannot be undone.” 

This case was investigated by Children’s Division and prosecuted by former Assistant Prosecuting Attorney JD Hatcher and Prosecuting Attorney William Lynch. This is the second child sex case won at jury trial by the Newton County Prosecutor’s office in the past three months.

Change of plea hearing set for Carl Junction man on meth, weapons charges

A 2:30 p.m. October 12, change of plea hearing is scheduled in U. S. District Court in Springfield for a Carl Junction man facing meth and weapons charges.

The trial for Chet Edwin Mercer, 34, had been scheduled to begin October 30.

Mercer's arrest came following an investigation by the Ozarks Drug Enforcement Team and is detailed in the arresting information filed in December 2021.

On November 30, 2021, at approximately 11 :00 a.m., ODET detectives executed a state search warrant at 27592 W. Fir Road, Carl Junction, Jasper County, Missouri, an address located in the Western District of Missouri. This address has been associated with Chet Edwin Mercer through surveillance and other investigative activities.

ODET detectives have previously conducted controlled narcotics purchases from Mercer at this address using a confidential informant. As detectives arrived at the property, Mercer was located near the entrance gate for the property along with two other unknown males. The two other unknown males were working on metal fencing that surrounds the property.

The Jasper County, Missouri, Sheriff's Office SWAT team assisted in clearing the property. The property was cleared and no other individuals were found to be on the property.

Detectives searched a large, two-bay garage located on the property. After making entry into the garage, detectives discovered a camping trailer located inside the garage. The camping trailer had clear indications that someone was currently living in it.

Inside the trailer, ODET detectives located a wallet that contained a Missouri driver's license for Chet Edwin Mercer and $850 in United States currency.

While searching the camping trailer, ODET Detective Josh Hanes located a military-style ammunition container located under the kitchen table. When Detective Hanes opened the container, he located a plastic, ziplock-style baggie containing a white crystal substance. The white crystal substance weighed approximately 370 grams. The white crystal substance was later field tested by ODET detectives and this test returned a presumptive positive for methamphetamine.

Based on my training and experience, I believe the amount of methamphetamine located inside the camping trailer to be a distributive amount and inconsistent with possession solely for personal use.

While searching the bedroom of the camping trailer, ODET detectives located a Springfield Armory handgun on the bed. Three vehicles previously associated with Mercer through investigative activities were also found on the property.

Other items located during the execution of the search were a .22 caliber rifle, a 12-gauge shotgun, a money counter, a stolen pickup, two stolen trailers, and a stolen all-terrain vehicle. The camping trailer Mercer was believed to be living in had also been reported stolen.

Judge turns down bid to block Missouri ban on transgender treatments for minors

By Annelise Hanshaw

Missouri Independent

A St. Louis judge ruled Friday afternoon that a new state law — blocking Missouri’s transgender youth from beginning new gender-affirming-care treatments — can take effect Monday.

Circuit Court Judge Steven Ohmer denied a preliminary injunction in a lawsuit brought by the ACLU of Missouri and Lambda Legal. The lawsuit claims a ban on medical treatments to treat a condition called gender dysphoria would have “extremely serious negative health consequences.”

(Photo- State Sen. Mike Moon, R-Ash Grove, sits with other sponsors of bills that would ban gender-affirming care for transgender youth during a February committee hearing- Annelise Hanshaw/Missouri Independent).

Ohmer, in his two-page order, wrote that the petitioners didn’t prove that there was a substantial threat of injury if the court didn’t intervene.

“The balance between the harm to petitioners and injury to others does not clearly weigh in favor of granting a preliminary injunction,” his order says.

Ohmer was assigned to the case when the original judge from Cole County could not schedule the necessary hearing before the law took effect. The next step in the case will be a status hearing in September.

The state brought outspoken “detransitioners,” or formerly transgender people, Zoe Hawes and Chloe Cole as some of its witnesses. Cole, a teenager from California, travels throughout the country to advocate against gender-affirming care.

Cole visited the state capitol in the spring, invited by Sen. Mike Moon, R-Ash Grove, to advocate for the legislation. She often shares an emotional story of regret after a surgical operation to affirm a gender identity she no longer holds.

The new law imposes a four-year moratorium on starting hormonal therapies, puberty blocking medications and surgical procedures for minors. It does not ban counseling for minors experiencing gender dysphoria and those who have already begun medical treatments can continue. If no future legislative action is taken, the ban on puberty blockers and cross-sex hormones will expire on Aug. 28, 2027.

Medical providers in Missouri rarely perform gender-affirming surgeries on those under 18.

Another witness for the state, Jamie Reed, stirred an investigation into her former employer, the Washington University Transgender Center at St. Louis Children’s Hospital.

The investigation, led by Attorney General Andrew Bailey, went public in February after Reed published her story in a national media outlet.

But patients of the Transgender Center and Reed’s former coworker question her allegations. Documents from the center contradict part of Reed’s affidavit, which alleged the Transgender Center allowed children to transition with minimal oversight.

After the multi-day hearing, the ACLU of Missouri appeared confident in its argument, calling the state’s experts “not up to snuff” on Twitter.

“The law is rooted in discrimination as it would deny evidence-based, necessary and often life-saving medical care to transgender people while a non-transgender person [can] obtain the same treatment,” the ACLU of Missouri posted prior to the order.

Friday afternoon, the organization’s spokesperson Tom Bastian sent a statement: “While we are disappointed in and disagree with the court’s ruling, we will not stop fighting to protect the rights of transgender people in Missouri. The case is not over and will go to a full trial on the merits.”

Ohmer didn’t think stopping the law would be in the public’s interest, according to the order.

A majority of Missourians interviewed in a St. Louis University/YouGov poll responded that they were opposed to gender-affirming care banned in the new law, like surgeries and hormone replacement therapy. Respondents were split evenly on if they agreed with gender-affirming therapy, which is still allowed under the law.

The judge also questioned the science behind gender-affirming care — treatment approved by the American Medical Association, the American College of Physicians, the Endocrine Society, the American College of Obstetricians and Gynecologists, the American Academy of Pediatrics, and the American Psychiatric Association.

“The science and medical evidence is conflicting and unclear,” Ohmer wrote. “Accordingly, the evidence raises more questions than answers.”

There are scientific studies of various qualities showing evidence for and against gender-affirming care. Some have been pulled from scientific journals after ethical debates and quality concerns.

Yamelsie Rodríguez, president and CEO of Planned Parenthood of the St. Louis Region and Southwest Missouri, accused Missouri politicians of using “ideology and junk science” to justify the new law.

“On Monday, trans and gender-expansive young Missourians will have their rights stripped away — unless a higher court intervenes,” she said. “They are terrified and furious that Missouri politicians are using ideology and junk science to deny them life-saving health care and erase their existence — and we are right alongside them.”

Aro Royston, board secretary for Missouri’s LGBTQ+ advocacy organization PROMO, said in a statement that gender-affirming care is life-saving and supported by major medical organizations.

“Not one single person who is in favor of this legislation understands how this law truly impacts the transgender community,” he said. “None of them understand the breath of relief we get to feel when we finally understand who we are and how beautiful it is to be transgender. They cannot fathom the best part of gender-affirming healthcare, which is being able to look into the mirror and see in the reflection the person you always knew yourself to be.

“Today, you have robbed us of this immense joy and our ability to thrive within this state as our authentic selves.”

Missouri isn’t the only state undergoing litigation on a gender-affirming care ban.

While arguments were underway, Bailey’s office asked the court to take note of a decision upholding Alabama’s ban on transgender treatments handed down Monday by the 11th Circuit Court of Appeals. The appeals court overturned a preliminary injunction issued by a district court blocking enforcement of the Alabama law banning puberty blocking medications and hormone treatments for children.

And 16 states, including Alabama, wrote an amicus brief asking the judge to allow the law to become effective.

“The Missouri Save Adolescents from Experimentation (SAFE) Act is a valid exercise of Missouri’s police power,” the states wrote. “Missouri, like many other States, became concerned that healthcare providers were risking the long-term health and well-being of gender dysphoric children with unproven hormonal and surgical treatments.”

Bailey took note Friday that Missouri, unlike Alabama, defeated a request to pause the law at the circuit-court level.

“Missouri is the first state in the nation to successfully defend at the trial-court level a law barring child mutilation,” he said in a statement. “I’ve said from day one as Attorney General that I will fight to ensure that Missouri is the safest state in the nation for children. This is a huge step in that direction.”

Moon said he was pleased with the ruling.

“I’m grateful for all who defended (the law), and I’m hopeful that those who are seeking help due to dissatisfaction with their identity will find the counseling they need,” he wrote to The Independent in a text message.

The parties will return to court in St. Louis September 22.

Rudi Keller of the Independent staff contributed to this report.

Construction begins on McDonald County R-1 building projects

(From the McDonald County R-1 School District)

Today marked a monumental milestone as the leaders of McDonald County Schools came together at White Rock Elementary to kick off construction on two incredible projects funded by the Project K.I.D.S. bond issue! 

 𝐖𝐡𝐢𝐭𝐞 𝐑𝐨𝐜𝐤 𝐄𝐥𝐞𝐦𝐞𝐧𝐭𝐚𝐫𝐲: The ceremony began with the symbolic turning of the dirt, signaling the start of construction for a state-of-the-art storm shelter and much-needed additional classrooms. The commitment to safety and enhanced learning environments shines bright in this endeavor! 

𝐒𝐨𝐮𝐭𝐡𝐰𝐞𝐬𝐭 𝐂𝐢𝐭𝐲 𝐄𝐥𝐞𝐦𝐞𝐧𝐭𝐚𝐫𝐲: Following the cheers at White Rock, the group proceeded to Southwest City Elementary, where the celebration continued with the groundbreaking of new classroom additions and a tour of the newly added and badly needed restroom facilities! The dedication to creating top-notch facilities for students is truly remarkable! 

These two projects are just the beginning as McDonald County Schools embarks on a journey to provide the best possible education and secure spaces for students and communities throughout the district.

More construction will be unfolding in the coming weeks.

Neosho School District seeking public's help with superintendent search

(From the Neosho School District)

The Neosho School District has recently hired MSBA to support the search for a new district superintendent. The search will begin immediately and conclude with the hire of a new successful leader.

Your feedback regarding what "desired qualifications" is most important for this position will ensure the new hire is a good fit for both the school district and community.

Please share narrative insights and rank personal and professional priorities for the new superintendent. The search team will produce a general report based on the information gathered in this survey. The report will be shared with the board to advise them on what priorities the district and community stakeholders are looking for in a new leader.

This survey is anonymous unless you provide your name voluntarily. Thank you for taking the time to complete this survey and provide direction for this important leadership position before Friday, Sept. 15.

To complete the survey, please click on the link www.tinyurl.com/NeoshoSuptSurvey.

Judge orders Joplin man held without bond on meth, weapons charges

Following a detention hearing today in U. S. District Court in Springfield, Judge David P. Rush ordered Robert Marion Nevels, 34, Joplin, held without bond while awaiting trial on meth and weapons charges. Nevels has been in the Greene County Jail since his arrest in June.

According to the charging information, a Carthage Police Department officer stopped Nevels May 16 and seized 210.5 grams of crystal methamphetamine and a handgun.