JEFFERSON CITY, Mo. — Missouri State Highway Patrol officers would automatically be accountable to the United States Justice Department for any use of force against a civilan that results in death or serious bodily harm, under a new bill filed by State Representative Rocky Miller.

But would the bill make state law enforcement unnecessary subject to federal interference? Miller acknowledges he had that concern, but he feels the only other alternative would be to set up a “completely separate investigative arm of the State Government.” He pointed out such a task would be “hard if not impossible to do and would be expensive.”

Miller also noted, “The [Department of Justice] is used in other states to investigate their police force, so the infrastructure is in place.”

The bill comes amid nationwide scrutiny of law enforcement due to various officer-involved shootings. Miller noted it is “in response to several different instances where the MSHP was tasked with investigating themselves.”

It holds a unique context at Lake of the Ozarks. In May of 2014, 20-year-old Brandon Ellingson drowned while handcuffed and in the custody of Missouri State Highway Patrol trooper Anthony Piercy, who was transporting Ellingson across Lake of the Ozarks after a Boating While Intoxicated arrest. The Patrol conducted its own internal investigation of the incident, despite protests from the family, some troopers, and members of the community. The drowning attracted the attention of Iowa Senator Chuck Grassley (Ellingson was from Iowa), and outraged many in Missouri and Iowa.

MSHP Sergeant Randy Henry, with whom Piercy spoke in the hours following the incident, has alleged the Patrol tried to cover up details about the drowning. He said the Patrol’s investigation of itself was inappropriate, and he ultimately retired from the Patrol.

Piercy was recently charged with Involuntary Manslaughter by the second special prosecutor to handle a re-investigation of the drowning.

Miller also pointed out he has spoken with some people in the Highway Patrol. “They realize that it does not look good if they investigate themselves,” he said.


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