Stover Pastor Accused Of Statutory Rape Gets Four Years In Eleventh Hour Plea Deal

LACLEDE COUNTY, Mo. — Stover pastor Travis Smith will spend four years in prison after taking a plea deal in the final hour of his statutory rape and statutory sodomy trial on Tuesday, April 19, 2016. Smith took the deal extended by the state after the jury reached a verdict, but before the verdict had been accepted by the court.

Travis Smith Enters Laclede Courthouse — Stover pastor Travis Smith will spend four years in prison after taking a plea deal in the final hour of his statutory rape and statutory sodomy trial on Tuesday, April 19, 2016. Smith took the deal extended by the state after the jury reached a verdict, but before the verdict had been accepted by the court.
photo by Al Griffin Photography
photo by Al Griffin Photography

The jury deliberated for several hours on Tuesday evening at the Laclede County Courthouse, while the defense made requests for a mistrial and the prosecution petitioned Judge Kenneth Hayden to invoke the “hammer,” and compel the jury to come to a decision quickly. Hayden denied the requests from both sides, predicting the jury would come to a decision. After a while, the jury update revealed the panel was split 10-2 but was still deliberating. At around 11 p.m., the jury announced they had reached a verdict. Smith then took the state’s deal.

In this week’s trial, Smith was accused of having sex with a 16-year-old girl while he was a youth pastor in Pilot Grove, Mo., in 2005. With the deal, Smith pleaded guilty to four other counts in two other cases involving statutory rape of another victim in 1998 and 1999. He entered an Alford Plea for the two charges he faced on Tuesday—acknowledging the state likely had enough evidence to produce a guilty verdict, but declining to admit guilt. He agreed to a sentence of four years for each of the six counts, but they will be served concurrently.

An alternate juror, Mr. Dennis, was excused when the jury went into deliberation. By Missouri law, alternate jurors do not take part in deliberations if no regular juror has to be excused for some emergency reason. Dennis was emotional, and described the gravity of having been charged with determining the fate of another person.

Dennis related the shift he experienced as he heard the attorneys’ arguments and the testimony of each witness. He had looked forward to the discussions of his fellow jurors and believed he had something to contribute to the final verdict.

The statutory rape and statutory sodomy charges each held the potential penalty of 2–7 years in prison, had Smith maintained his innocence and the jury returned with a guilty verdict. However, due to the plea being accepted, the jury’s verdict was neither accepted nor announced by the judge.

Smith’s trial lasted for two days in Laclede County Circuit Court as Special Prosecuting Attorney (SPA) Michael Gilley called additional witnesses on Tuesday. Samantha Burkett, high school friend of the victim, Jessica Bockelman, testified about the timeframe when Jessica first met Smith. Burkett’s testimony aligned with other witnesses’ recollections that Jessica was 16 when her sexual relationship with Smith occurred.

The second prosecution witness, Larry Edon, was pastor at Pilot Grove Baptist Church at the time Smith was youth minister. Edon related that women in the church had sensed some “red flags” in Smith’s behavior and reported these to him. Edon then described how Jessica’s father, Dennis Bockelman, had come directly to him and complained about Smith being alone with his 16-year-old daughter.

Edon testified about a meeting he called in the fall of 2005, around September, for the church deacons and Smith, during which Edon advised Smith against his behavior and the appearance of impropriety even if nothing was going on between him and Jessica. Edon testified Smith assured them nothing would happen. Edon further stated that Smith came to him the next day and admitted, “We have feelings for each other.”

Upon cross-examination by Defense Counsel Shane Farrow, Edon said he did not make notes at the time and did not talk to law enforcement until they came to him. Under subsequent questioning by Farrow, Edon stated he did keep journals, but cannot find them at this time because he has moved around the country to various churches.

Gilley, upon re-direct examination, asked Edon what role or authority the youth pastor had over the kids in the youth group. Edon’s answer was that he was like a teacher would be to the kids. Gilley then announced that the State would rest its case.

Farrow made an objection to Jessica Bockelman being in the courtroom during testimony and again Judge Hayden overruled the objection. Hayden stated she has a constitutional right to be in the courtroom during the trial. At least one of Smith’s other victims was also in the courtroom for the trial.

For its first witness, the defense recalled Dennis Bockelman to the stand and questioned him about the dates of coon hunting season, referring to the transcript of Bockelman’s earlier testimony. Bockelman remained sure of the fact it was not during the “killing” portion of coon season, which would have started in late November, 2005.

Farrow then put his client, Travis Smith, on the stand. Smith admitted to everything that had been stated except the timeframe. Smith held fast that the first feelings, first contact, and first sexual encounter occurred in late November after Jessica’s 17th birthday on Nov. 5, 2005.

Under cross examination, Kinde asked Smith if he was testifying that all the previous witnesses were all incorrect in their recollection of the time frame and only he, Travis Smith, was correct in recalling the date of first contact as being after Jessica’s 17th birthday. Smith answered that he was, in fact, the only one correct on dates, and he is telling the truth.

After an afternoon recess, the court reconvened for jury instructions, which were agreed upon by the attorneys and the judge.

Gilley began his closing argument by reminding the jury of a biblical reference: that nothing is hidden that will not be made manifest, nor is anything secret that will not be known and come to light. (Luke 8:17, ESV)

The prosecutor’s task, Gilley said, is to uncover the truth.

Most of Gilley’s remaining remarks were directed at the use of the jury instructions as a checklist to work through the conflicting testimonies they had heard.

Farrow started by telling the jury he would not try to get them to like his client, as he was not a likable person. He said his client had admitted to the details and actions which were harmful, but that he had not done them before the victim’s 17th birthday. Smith was the only one that had physical evidence about dates when things happened, Farrow pointed out, and Smith was the only one who seemed sure of dates, whereas the state’s witnesses struggled with specific dates.

Farrow closed by reminding the jury about what Gilley had said during the selection process. Gilley had told them that decisions should be made without prejudice or passion, and should be based solely upon evidence. He further added that the state’s timeline was “all over the map.”

Farrow said the evidence shows that even though Smith’s actions were despicable, he had committed no crime, because Bockelman was not 16 when they had sex. Should he be a youth minister? Farrow asked. No. Should he be a pastor? Probably not. But should he be a criminal? Smith’s attorney said definitely not, because he did not commit a crime.

The state gets the last word, and Gilley closed by saying Travis Smith should have been the shepherd to his flock, but he was the wolf, preying upon Jessica Bockelman.

After accepting the state’s deal in the minutes before midnight, Smith was remanded into custody to serve his time in the state department of corrections. He will also be required to go through the state’s sex offender program, and will be listed on the state’s sex offender registry for the rest of his life.