Carthage City Council member's attempt to punish KSNF owner for "unprofessional coverage" fails

You can report the news, but it had better be the way Tiffany Cossey wants it.

An attempt by the Carthage City Council member to stop all city advertising with Nexstar Media because one of its stations has provided "unprofessional coverage" of city news failed in a 2-2 vote by the council's Public Services Committee during its August 20 meeting.

Committee members Cossey and Jana Schramm voted to eliminate the advertising with Dustin Edge and Lori Leece opposing the motion.

During the discussion before the vote, it was pointed out that KSN's morning program and Living Well provide positive coverage of the city (not to mention KSN's annual complete coverage of the Maple Leaf Parade), but Cossey wasn't having any of it.

Other stations might take up the slack in those areas, she indicated, and perhaps the city should shift its advertising to streaming services "as traditional TV viewership has declined."

From the meeting minutes:

Ms. Cossey expressed concerns about the City continuing to pay Nexstar Media for advertising due to unprofessional reporting by one of their news stations. She stated that while she has no issue with the news being reported, she feels their reporting has been biased and unprofessional in their coverage on city issues. She proposed that no more advertising funds be spent with Nexstar until the Council sees that they are able to report without bias. 

Mr. Edge acknowledged the valuable coverage Nexstar provides for city events, particularly through their streaming services and programs like Good Morning Four States and Living Well. He cautioned that discontinuing advertising with Nexstar could negatively impact the promotion of these events. 

Ms. Cossey noted that there are four local stations, two of which are owned by Nexstar, and suggested shifting advertising to streaming services, as traditional TV viewership has declined. 

Ms. Leece expressed concern that halting this advertising would punish the community. She recommended openly discussing the matter with the company, emphasizing that the bias might be perceived differently by others. 

Ms. Cossey stated that the other local stations that don't engage in editorializing or unprofessional segments might be willing to cover city events. Ms. Cossey made a motion for the City to discontinue advertising spending with Nexstar until they can demonstrate unbiased reporting, motion failed.

Cossey will be the subject of a recall election in November.

New Missouri law expands state auditor’s powers to dig into local governments

By Rudi Keller

Missouri Independent

On July 23, State Auditor Scott Fitzpatrick released an audit detailing how a former mayor of Excelsior Estates improperly paid himself more than $37,000 and funneled more than $200,000 to a business he owned.

During the course of their work, auditors found that the records for the village of 209 people on the border of Ray and Clay counties were in “total disarray with missing financial records (and) other vital city records stored in a makeshift camper trailer made from the bed of a pickup truck…”

The audit was conducted at the invitation of the village Board of Aldermen after an investigation of a whistleblower complaint showed possible wrongdoing. Without the board’s consent, the auditor wouldn’t have had the authority to conduct the probe.

But not every local governing body is so cooperative. And as of Wednesday, when a new law took effect, Fitzpatrick’s office will have the power to initiate audits of local agencies when an initial investigation shows “improper government activity” — including fraud, waste of resources or violations of law — or when a county prosecutor or law enforcement agency requests it.

Missouri lawmakers gave the auditor’s office power to investigate reports of improper actions by local government officials in 2013 but withheld the authority to force those officials to open their accounts for a full-scale audit. The only way for the auditor to follow up on the investigation was to convince the governing body of the political subdivision to request an audit, like in Excelsior Estates, or for a resident to gather enough signatures on a petition to force an audit.

The new law eliminates those restrictions.

“This is not designed to give us unfettered access to auditing any political subdivision for any reason,” Fitzpatrick said. “It was to make things easier for taxpayers. If they’ve made a credible whistleblower complaint to us that there’s a problem somewhere that we investigate, that we could then initiate the audit instead of forcing somebody to have to go gather a bunch of signatures.”

The bill, passed unanimously in the second year it was introduced, originated with concerns about cost overruns at the new Francis Howell School District high school in St. Charles County, said the sponsor, Republican state Rep. Phil Christofanelli of St. Peters.

A school district was the only local government entity that the state auditor had discretion to audit, he said. The auditor’s office is legally obligated to audit every county without a county auditor.

If the cost overruns had been at a municipal construction project, Christofanelli said, only the willingness of the governing board or the determination of citizens to complete a petition drive could bring the auditor in.

For a small community like Excelsior Estates, the petition would have to include signatures from 25% of the city’s registered voters. For a city the size of St. Peters, the requirement would be 10% of the votes cast for governor in the most recent election, with a minimum of 750 signatures.

“The idea of doing something like this in a city like St Peters, for instance, is completely impractical, and you’d have to have a remarkable campaign put together to do it properly,” Christofanelli said.

During work on the bill, he said, he was told that up to 90% of petition audit attempts are unsuccessful.

The state auditor’s office will be taking on the new powers at a time when Fitzpatrick is trying to rebuild his staff, which had shrunk to 89 full-time employees – out of 167 authorized in the budget – when he took office.

Fitzpatrick was elected auditor in 2022 after four years as state treasurer and six years in the Missouri House, where he was chairman of the House Budget Committee.

In recent years, the audit output of the office, especially detailed audits of state agencies and programs, has declined significantly.

During the first eight months of 2004, the office issued 27 audits and reviews of state agencies and programs ranging from elected official offices to tax credit programs and agency operations in determining Medicaid eligibility and the acquisition of highway right-of-way. In the same period of 2014, the number of state agency audits and reviews was 10.

This year, through Wednesday, the total was three – the operations of the attorney general and secretary of state’s offices and how the Missouri State Highway Patrol uses highway fund money.

The two factors limiting the number of individual agency and program audits are time devoted to the annual audits of the state financial report and the federal funding awards. Work that once took 18,000 to 20,000 staff hours in a year is now approaching 50,000, Fitzpatrick said.

That workload, combined with the staffing shortages, has reduced the number of individual agency and program audits. There are 10 agency or program audits in process, including the Department of Conservation, pandemic food programs and the cannabis programs within the Department of Health and Senior Services.

“It’s a huge report,” Fitzpatrick said of the cannabis program audit. “It’s going to be, in terms of the number of staff hours, what will probably be the largest performance audit that’s been done in the auditor’s office in recent history.”

The cannabis program audit should be released early next year, he said.

The routine work of the auditor’s office includes checking tens of thousands of local property tax rates against the legal maximums, receiving and publishing reports of spending by local taxing agencies and auditing counties that do not have an elected auditor.

To help rebuild staff, lawmakers have added $4.2 million to the auditor’s budget over the past two years, increasing it to $13.5 million. That increase, he said, recognizes that the pay raises given by his predecessor, Democrat Nicole Gallaway, to retain staff is the salary level needed to attract new talent as well.

“They were adjusting the salaries to try to be more competitive, which needed to happen,” he said.

The new authority should not interfere with the statutory responsibilities of the office, Christofanelli said.

“Just because we give the auditor the power to initiate new investigations does not necessarily mean that if there are other matters that are not discretionary, that he would have to pursue those audits,” he said. “It just provides him the authority to do it, should the need arise.”

Agenda posted for Joplin R-8 Board of Education meeting

The Joplin R-8 Board of Education will meet 6 p.m. Tuesday at the Early Childhood Education Center. The meeting will include the tax levy hearing and a closed session.

A. Call to Order
1. Roll Call -

B. Pledge of Allegiance

C. Approval of Agenda

D. Reports

1. Board President's Report
a. BOE Celebrations
b. Student Celebrations

E. Superintendent's Data Report

1. STRATEGIC FOCUS
a. Special Education
1. Program Evaluation for Special Education
b. JHS Presentation
2. Health & Dental Plan Update
3. Financial Statements

F. Public Comments Regarding Posted Agenda Action Items

G. Consent Agenda
1. MOU Between Joplin Schools Foundation and Joplin Schools

2. Consent Contracts for Student Services
a. Contract for Services with Carl Junction
b. Resolution for Social Work Interns

3. Consent Contracts - Instructional Services Action
a. Compass Contract for SY24-25
b. SRSN Resolution 

4. Consent Contracts for Technology/Operations
a. Annual Facilities Use Fees
b. Boardroom Audio/Visual
c. JHS - Bibliotheca Annual Maintenance Renewal
d. Morenet Renewal Amendment
e. Powerschool Advanced Reports Service
f. Purchase of Kubota UTV
g. Change Order - Clearing and Cleanup of Property
h. MEC-Purchase of Sheetrock for Cafeteria Remodel
i. MEC-Hang and Finish Sheetrock for Cafeteria Remodel
j. MEC-Installation of Suspended Ceilings for MEC Cafeteria Remodel
k. MEC-Purchase of Ceiling Tile and Grid for Cafeteria Remodel

l. MEC-Installation of Light Fixtures for Cafeteria Remodel
m. Microfiber Towel & Hand Sanitizer - District Wide Agreement
n. HVAC Systems Chemical Agreement 
o. JHS-Band Practice Field Electric Meter Base, Easement by Liberty Utilities
p. Soaring Heights-Installation of Roll Up Security Grille in Hallway

H. Regular Agenda
1. Accounts Payable
2. Set Tax Levy for the 2024-25 School Year
3. BOE Goals
4. Approve Funding for Onboard Bus Camera System

I. Adjourn to Closed Session

Federal appeals court declares Missouri’s ‘Second Amendment Preservation Act’ unconstitutional

By Jason Hancock

Missouri Independent

A Missouri law declaring some federal gun regulations “invalid” is unconstitutional because it violates the U.S. Constitution’s supremacy clause, a federal appeals court in St. Louis unanimously ruled on Monday.

A three-judge panel of the Eighth Circuit Court of Appeals agreed with a district court ruling from last year that blocked Missouri from enforcing the Second Amendment Preservation Act, a law passed in 2021 that penalizes police for enforcing certain federal gun laws.

Among the law’s provisions is a $50,000 fine for law enforcement agencies that“infringe” on Missourians’ Second Amendment rights.

Some of the gun regulations deemed invalid by the law include imposing certain taxes on firearms, requiring gun owners to register their weapons and laws prohibiting “law-abiding” residents from possessing or transferring their guns.

“Because the (Second Amendment Preservation) Act purports to invalidate federal law in violation of the Supremacy Clause, we affirm the (district court’s) judgment,” Chief Judge Steven Colloton, a George W. Bush appointee, wrote in the unanimous opinion.

The U.S. Department of Justice filed the lawsuit challenging the law arguing it has undermined federal drug and weapons investigations. Late last year, the U.S. Supreme Court denied a request by Attorney General Andrew Bailey to allow Missouri to enforce the Second Amendment Preservation Act while its appeal is ongoing.

In a statement through his spokeswoman, Bailey said he is reviewing the decision. He added: “I will always fight for Missourians’ Second Amendment rights.”

Kansas City Mayor Quinton Lucas released a statement Monday afternoon praising the court’s decision.

“Two years ago, Missouri enacted an unconstitutional law, claiming to invalidate federal gun laws,” Lucas wrote. “The law was rejected in federal appeals court today… I am saddened that our state expended the time and energy of many in our legal system in service of this clearly unconstitutional effort.”

Joplin Police make six DWI arrests on Saturation Saturday

(From the Joplin Police Department)

Saturday, August 24th, was Saturation Saturday and law enforcement officers from around the area teamed up to focus on removing impaired drivers from the roadways. 

This year's campaign was a great success as Joplin PD’s effort resulted in 6 DWI related arrests from Saturday night/Sunday morning, with 9 DWI arrests in total for the weekend, and 13 DWI arrests for the week. Great work to all the men and women in law enforcement who worked as part of this effort.

Additionally, we are thankful for everyone who made the smart decision to not drink and drive. 

For those arrested, we hope this is a lesson learned and that it will curb future decisions to operate a vehicle while under the influence. Be responsible, have a plan, have a sober driver, and don’t drink and drive.

Two Joplin City Jail inmates overdose, one nearly dies after prisoner allegedly sneaks 'heroin' past strip search

Two Joplin City Jail inmates overdosed, and one nearly died after a prisoner was able to bring a white powdery substance though he was subjected to a strip search, according to a probable cause statement filed in Jasper County Circuit Court.

The prisoner, Marvin Earl Ward, Jr. pleaded not guilty today. Ward is being held in the Jasper County Jail on a $50,000 cash only bond. A bond reduction hearing is scheduled for 1:15 p.m. September 3 before Judge John Nicholas.

From the probable cause statement:

On 08/12/2024 a search warrant was served on the residence of 123 West 45th Street by the Ozarks Drug Enforcement Team. The search warrant was obtained after a thorough narcotics investigation. The primary target being Marvin Ward Jr. 

During the search warrant a safe was located inside Marvin’s bedroom. Inside the safe was over forty Fentanyl pills and powder, 20 grams of Cocaine, and a pistol. 

Marvin was subsequently charged with Trafficking Drugs in the 1st Degree, Felon in Possession of a Firearm, and Unlawful Use of a Weapon. 

 On 08/13/2024 two inmates overdosed on a white substance provided to them by Marvin in the Joplin City Jail. The two inmates then had to be revived by Paramedics, using Narcan. One had to be transported to Freeman Hospital and required further treatment. 

I then conducted a thorough investigation into the incident. Using surveillance footage from the Jail, and multiple witness statements; I was able to determine Jaill Staff missed a white substance concealed on Marvin’s person when he was transported to the Joplin City Jail, and subsequently strip searched on 08/12/2024. 

Marvin described the substance as “Heroin” to multiple witnesses in the jail. Marvin then distributed the substance to multiple inmates, in exchange for a phone card, so that he could contact a Bail Bondsman. 

The action resulted in multiple overdoses and nearly death. 

 Marvin bonded out of the Joplin City Jail, just before the overdoses occurred. Marvin was taken into custody on 08/22/204 when he was located hiding inside a closet, during a search warrant served by the Ozarks Drug Enforcement Team at 600 block of South Roney Street, in Carl Junction. Marvin was also found to have active three felony warrants for his arrest at that time. 

The case was investigated by the Joplin Police Department.

Neosho man charged with assault, resisting arrest following golf club attack

A Neosho man was charged in Newton County Circuit Court with assault and resisting arrest following an incident in which he allegedly struck a man in the face with a golf club.

According to the probable cause statement, Austin R. McGuire (DOB 1991) barricaded himself inside his residence Friday until gas was deployed and he surrendered to authorities.

The incident began when the alleged victim came to help McGuire's former girlfriend remove her belongings from the home, according to the probable cause statement. The two lived together for a week until she left after a falling out.

From the probable cause statement

Both subjects advised that Austin tried to strike Victim 1 with a golf club upon making contact but míssed, They advised that Austin wanted Victim 1 to wait outside on the porch and he complied. 

Both subjects advised that Austin then came outside and struck Viçtim 1 on the right side óf his head near his temple with a golf club. I observed a làrge laceration on Victim 1's head along with blood on his T-shirt, pants, hands and face. 

Victim l/1 advised he wished to pursue charges for assault. Victim 1 was treated by EMS at the scene who advised he needed more advanced care, but he refused to be transported via ambulance. He advísed he would go to the hospital on his own. 

Blood was seen splattered leading from the front door, down the stairs and onto the private lane. 

The probable cause statement indicates McGuire ran into a field, then later returned to the residence.

The case was investigated by the Newton County Sheriff's Office.

Septuagenarian sex offender charged with harassment, sexual misconduct after Lockwood Dollar General incident

The Dade County Prosecuting Attorney charged a registered sex offender from Miller with a felony harassment charge and sexual misconduct following an August 17 incident in the Lockwood Dollar General.

According to the probable cause statement, James E. Motley (DOB 1947) harassed a female worker, asking specifically for here when he came to the store.

From the probable cause statement:

When he would speak to her, he would ask her several personal questions such as whether she is married and how old she is. A.N. stated that he eventually stopped asking her questions, but would instead make comments to her such as telling her she is pretty and also telling her that they are friends for all time. 

A.N. stated that she was very uncomfortable with his interactions with her and that she would try to actively hide from him whenever he would come in. 

A.N. stated that on 08/17/2024 at approximately 1206 hours, she was standing at the cash register when James Motley had asked for the key to the restroom. A.N. stated that James Motley leaned over toward her and asked her which door was the men's restroom, which A.N. told him. 

A.N. stated that James Motley turned to walk toward the restroom and while doing so, A.N. heard him unzip his pants. A.N. also heard James Motley messing around with his pants, as if he was doing something more than just unzipping the fly on his pants. A.N. stated that she turned away from James Motley, as she could not believe what was happening. 

A.N. stated that after James Motley entered the restroom, she ran to the office and locked herself inside because she was fearful of James Motley due to bis past interactions with her as well as what he did that day, and she was the only employee in the store at the time. 

A.N. called her manager, J.M., to come up there with her and filled her in on what had happened. A.N. and J.M. reviewed the security cameras, and the camera that is in the hallway where the restrooms and the office are that points out toward the registers showed that James Motley had not only unzipped his pants, but also {exposed himself} as he walked away from the register where A.N. was standing. 

Motley was sentenced to 10 years after being convicted on two counts of sodomy in 1992 in Jackson County and was charged with being a sex offender loitering near a school in Lawrence County in 2018.

Former Carthage resident sentenced to 40 years for assault, car theft, firing at officers during chase

(From the Jasper County Sheriff's Office)

Today, Johnny Crowels was sentenced to 40 years in the Missouri Department of Corrections by Judge Mouton in the Jasper County Circuit Court. The sentencing follows Crowels' conviction by a jury on June 5, 2024, for multiple charges related to a high speed chase and confrontation with law enforcement on April 1, 2022. 

On the day of the incident, Jasper County Deputies, along with officers from the Missouri State Highway Patrol and the Carthage Police Department, attempted to stop a stolen truck driven by Crowels. 

During the pursuit, Crowels fired shots from his vehicle at the pursuing officers and rammed a Jasper County patrol car before crashing the stolen vehicle into a creek near Fairview and County Road 170. Crowels then fled on foot with a firearm still in his possession. He was apprehended a short time later by Jasper County Deputies. 

The charges on which Crowels was found guilty include: 

• Assault in the 4th Degree 

• Unlawful Possession of a Firearm 

• Tampering with a Motor Vehicle 

• Unlawful Use of a Weapon 

• Resisting Arrest by Fleeing 

Crowels’ actions on April 1, 2022, placed numerous lives at risk and demonstrated a blatant disregard for the safety of law enforcement officers and the public. 

Judge Mouton’s sentencing reflects the severity of these offenses and the commitment of the Jasper County judicial system to uphold the rule of law.

Joplin man arrested for DWI twice in same day, charged with assaulting hospital staff members

A $100,000 cash only bond has been set for a Joplin man who was charged by the Bates County Prosecuting Attorney's office today with driving while intoxicated, assault of a special victim, resisting arrest and careless and imprudent driving.

The DWI arrest was the second of the day for Brandon Gene Swartz (DOB 1988), according to the probable cause statement. He was cited earlier in Cass County and had been released in the care of a sober party.

The allegations against Swartz were detailed in the probable cause statement:

On Sunday, August 25, 2024, at approximately 1708 hours, Trooper C. J. Drum advised Troop A Radio of a careless and imprudent driver that was failing to maintain its right half of the roadway, south of Harrisonville, traveling southbound on Interstate 49, in Cass, County, Missouri. The vehicle was described as a new white Dodge Ram pickup with Oklahoma registration. 

Trooper Drum advised he believed this vehicle matched the description of a similar vehicle that was stopped earlier that afternoon in Cass County where the driver was arrested for driving while intoxicated. 

I was traveling southbound on Interstate 49, north of Route A, in Cass County, where I observed a white pickup matching the description of the careless and imprudent vehicle. I pulled to the right shoulder and waited for the vehicle to pass my location. 

The vehicle, a white 2024 Dodge 2500, displaying Oklahoma registration passed my location, and I attempted to overtake it. The Dodge traveled into Bates County by the time I overtook the vehicle. The Dodge continued southbound, north of Route AA when it failed to travel within its lane on several occasions and made lane changes failing to signal. 

I activated my emergency lights to conduct a traffic stop on the Dodge. At approximately 1711 hours, the Dodge accelerated away from me. I activated my continuous siren and advised Troop A Radio I was in pursuit. 

The vehicle fled southbound, exceeding the posted speed limit. The Dodge nearly struck several vehicles, made unsafe lane changes and failed to signal. The Dodge exited at Route AA and came to a stop. 

I exited my patrol vehicle and ordered the driver from the Dodge. I made eye contact with the driver as he motioned to the right as if he were going to pull over to a safer location. The Dodge then accelerated away from me and turned east onto Route E and I continued pursuing the vehicle. 

The Dodge traveled approximately 2.5 miles, failing to maintain the right half of the roadway, passed a vehicle and traveled to speeds up to 104 miles per hour. The Dodge began turning north and failed to negotiate a curve east of County Road NE 2483. The Dodge overturned and came to a stop facing west.

I exited my patrol vehicle and took the driver into custody without further incident. The driver was identified by his Missouri identification card as Brandon G. Swartz. I detected the strong odor intoxicants emitting from his breath as he spoke to me. Swartz mumbled, slurred his speech and spoke incoherently at times. 

At approximately 1715 hours, Swartz was placed under arrest for driving while intoxicated and resisting arrest. Swartz provided a sample of his breath in my intoximeter FST which tested positive for the presence of alcohol. 

Swartz was later transported by Bates County EMS to Bates County Memorial Hospital. After arriving at the hospital, Swartz became combative and began kicking some of the medical staff and spitting. 

Swartz kicked one medical staff member in the throat with his left leg, leaving a red contusion just above her collarbone. Swartz was eventually released with no evidence of serious injury and was transported to the Bates County Jail where he was placed on a 24-hour investigative hold.

The probable cause statement notes that Swartz has previously been arrested for theft, DWI, abuse, larceny, shoplifting, aggravated robbery, possession of a forgery device, forgery, resisting/obstructing an officer, and domestic assault. 

Sunday's DWI arrests were the second and third this year for Swartz. Jasper County Circuit Court records indicate Swartz has a September 11 hearing in Joplin Municipal Court on a DWI charge brought on by a March 26 Joplin Police Department traffic stop at 32nd and Rangeline.