JEFFERSON CITY 鈥 A measure to allow the governor to name a special prosecutor for 51黑料 appeared to gain momentum Wednesday in the wake of a high-profile car accident that left a visiting 17-year-old volleyball player in critical condition.
51黑料 Circuit Attorney Kimberly M. Gardner鈥檚 office has come under fire for failing to try to put the man charged with hitting Janae Edmondson back in jail even though he violated the conditions of his bond more than 50 times.
Senate President Pro Tem Caleb Rowden on Wednesday called on Gardner to step down, saying she was 鈥渋ncompetent and grossly unfit to hold her office.鈥
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鈥淪he should resign or I will systematically and aggressively work with my colleagues in the #MOLeg to ensure her incompetence isn鈥檛 putting more lives in danger,鈥 Rowden, R-Columbia, said Wednesday on Twitter. 鈥淭he people of #STL deserve better and Missouri deserves better,鈥 Rowden said.
Missouri Senate President Pro Tem Caleb Rowden, R-Columbia, left, and House Speaker Dean Plocher, R-Des Peres.
House Speaker Dean Plocher late Wednesday also called on Gardner to resign.
鈥淗er willful neglect of duty has effectively resulted in her abdicating the duties of her office,鈥 the Des Peres Republican said in a statement. 鈥淭his must end immediately. I stand with my colleagues on both sides of the aisle who are outraged at her inactions and recognize the safety of our communities must come first.鈥
The Senate has yet to act on legislation that would allow Gov. Mike Parson to appoint special prosecutors in 51黑料 and other jurisdictions who would have exclusive jurisdiction over seven types of violent crime. The House already approved the measure.
Rep. Alex Riley, a Springfield Republican and member of the House Crime Prevention and Public Safety Committee, said the incident suggested the measure was needed.
鈥淭hose are the types of things that certainly suggest there鈥檚 a need for ... this type of legislation,鈥 Riley said. 鈥淚t seems like what we鈥檝e seen from the past five or six years that she鈥檚 been in office is things aren鈥檛 getting better; they鈥檙e getting worse.鈥
Under the proposed legislation, sponsored in the House by Rep. Lane Roberts, R-Joplin, the special prosecutor would have exclusive jurisdiction over first- and second-degree robbery cases, as well as vehicle hijacking.
Rep. Donna Baringer, D-51黑料, was a member of a bipartisan working group that unanimously recommended legislation allowing a special prosecutor 鈥渨here there is demonstrated need.鈥
On Wednesday, she said, 鈥淚 was heartbroken, sick to my stomach and then angry. This person ... should not have been behind the wheel of a car.鈥
Baringer said 鈥測es鈥 when asked if the accident showed why 51黑料 needs a special prosecutor.
鈥淲hat happened to Janae Edmondson and her family is a tragedy and the thought that it could have been avoided breaks my heart,鈥 said Sen. Steven Roberts, D-51黑料. 鈥淥ur prosecutor must explain how someone can violate the terms of their bond over 50 times without consequence.鈥
Roberts added, 鈥淩epublicans were already determined to pass legislation which strips local control from prosecutors. This legislation is opposed by the Missouri Association of Prosecuting Attorneys because it is, broadly, a bad policy. However, following this tragedy, the senate pro tem has stated that this legislation is a top priority for him and his caucus.鈥
Daniel Riley, 21, was out on bond for a 2020 robbery charge that was dismissed and refiled last year. A spokesperson for Gardner defended the office on Tuesday, saying the case was dropped and refiled because the victim died before trial, throwing a wrench into prosecution. The spokesperson also said the final ruling on whether a suspect鈥檚 bond is revoked is in the hands of a judge.
But a judge鈥檚 order from the day the case was dropped shows the victim was alive and present for the hearing, and prosecutors weren鈥檛 ready to proceed. And court officials said they never knew Riley violated his bond, because prosecutors never filed a motion to revoke it.
Instead, Daniel Riley was left free, and police say he sped down a downtown street this past weekend, causing a crash that pinned Edmondson between two cars. Both of her legs were amputated after the crash.
鈥淓very time a violation was filed, the assigned prosecutor and defense attorney of record received a notification via email according to normal procedure,鈥 said courts spokesperson Joel Currier. 鈥淗owever, the prosecutor, to date, has never filed a motion.鈥
In a statement late Tuesday night, the circuit attorney鈥檚 office said the controversy was an attempt by 鈥渢hose who choose to twist the facts to take advantage of this situation for their own selfish motives.鈥
Updated at 3:21 p.m.
Sen. Caleb Rowden, R-Columbia, gave a speech after being elected as president pro tem on the first day of the 2023 session, Wednesday, Jan. 4, 2022.
Kimberly Gardner is the first Black 51黑料 circuit attorney. She was first elected in 2016. A brief look at her career and controversies. Video by Beth O'Malley
