Missouri Trooper Sentenced To 10 Days Jail Plus Probation For Handcuffed Drowning Of Brandon Ellingson

VERSAILLES, Mo. — Missouri State Highway Patrol Trooper Anthony Piercy will spend 10 days in jail, thanks to the negotiated guilty plea that kept a felony off his record and got him two years of probation for the drowning death of 20-year-old Brandon Ellingson in 2014.

The sentence was pronounced by Judge Roger Prokes in the Morgan County Justice Center, on the afternoon of Sept. 19, 2017. Prokes was appointed to the case by the Missouri Supreme Court after all of the 26th Circuit judges recused themselves. Judge Prokes sentenced Piercy to:

• 180 day Suspended jail sentence (which means if Piercy doesn’t violate his probation, he will avoid six months in jail)
• 10 days shock time in jail, which will start in the next few days, when Piercy surrenders himself
• 2 years supervised probation

Special Prosecutor William Camm Seay had additionally asked for Piercy’s law enforcement certification to be removed, saying it would be a “slap in the face” to Ellingson’s family if Piercy were allowed to return to law enforcement. But Piercy’s attorney Shane Farrow argued such a decision would deprive the trooper of due process, since there is a process for such removal. Judge Prokes agreed.

At Tuesday’s sentencing, Brandon’s father Craig Ellingson sat in the witness box, adjusted the microphone, and spoke about his memories of his son. He began by saying he believes in Jesus Christ and in forgiveness and justice.

Craig Ellingson said he had written his statement at the same table where his son used to do his homework, noting even three-and-a-half years later, it is still hard to believe Brandon is gone.

Brandon Ellingson was a stellar student, Craig recalled, with a 4.1 GPA in high school. He had taken enough advanced placement classes to enter Arizona State University as a sophomore, on an academic scholarship. The family enjoyed boating at Lake of the Ozarks, and bought a lake home in 2002. Craig said the last time he spoke with Brandon, his son was at the lake house and told Craig the boat was having trouble starting and they agreed it needed new batteries. He told Brandon to be careful.

Then Craig said he had waited for three-and-a-half years to tell Piercy, “You’re the reason Brandon is dead.” He did so, staring at the trooper, and let the declaration hang in the ensuing silence. He also reminded Piercy of an audio recording in which Piercy apparently referred to Brandon as “a bastard.”

Judge Prokes stopped Craig at one point and reminded him that his statement was to be limited to the emotional and financial loss he had incurred. The judge warned the bereaved father that if he continued to discuss the facts of the case, he would be opening himself up for cross-examination. In a later interview Ellingson said he had also intended to discuss his son’s blood-alcohol content, arguing that the 20 hours Brandon’s body spent in the water would actually have resulted in liver breakdown, which would have elevated the BAC measurement, showing it to be much higher than it actually was when Brandon was stopped by Piercy on May 31, 2014.

Piercy then gave his statement: short and direct. He apologized for the pain this situation had caused and said he was truly sorry.

In issuing the sentence, Judge Prokes expressed his sympathy to the family and said he was glad Craig Ellingson had good memories of his son.

History Of The Case

Normally a road trooper, Piercy was working as a Missouri State Highway Patrol “supplemental trooper” on the water, in 2014 on a busy weekend at Lake of the Ozarks. The weekend after Memorial Day, he arrested Ellingson for allegedly boating while intoxicated. Ellingson fell overboard while Piercy was driving the MSHP boat back to shore for processing. Piercy tried—unsuccessfully—to hook Ellingson with a pole. Then, Ellingson’s life jacket came off; testimony later revealed Piercy had put the lifejacket on incorrectly. Piercy jumped into the water to try and rescue Brandon, but the 20-year-old sank in more than 70 feet of water, and drowned. The Ellingson family won a $9 million settlement from the Missouri State Highway Patrol in late 2016.

Piercy was charged with 1st Degree Involuntary Manslaughter (Class C Felony) in December of 2015 by Seay. But Seay ultimately agreed to a guilty plea that took the felony off the table and left Piercy with a misdemeanor: Negligent Operation of a Vessel. That crime carries a maximum sentence of six months in jail and/or a $500 fine.

After the hearing, the prosecutor told a LakeExpo.com reporter that he agreed to the reduced charge because Seay feared he would be unable to get a conviction for manslaughter from a jury in Piercy's home town.