October 22, 2009

Jury Finds Mutchler Guilty of Involuntary Man Slaughter in 2008 Shooting Death

With the prosecution seeking first degree murder and the defense proclaiming innocence, a Shelby County jury settled somewhere in between on Friday, October 16th in the trial of Michael J. Mutchler of Memphis.

After deliberating most of the afternoon on the third day of the trial, the jury came back with a guilty count on the charge of armed criminal action. They ruled Mutchler was guilty of involuntary manslaughter for the 2008 shooting death of Joseph Alvey in rural Scotland County.

The prosecution had sought a charge of murder in the first degree. However the jury instructions offered a number of lesser offenses, including murder in the second degree, and involuntary manslaughter in the first or second degree.

The jury ultimately settled for the later, indicating they believed the defendant, while under the influence of alcohol or drugs, acted with criminal negligence, and not in self defense, resulting in Alveys death.

In order to find Mutchler guilty of murder, the jury would have had to agree that his conduct was practically certain to have caused Alveys death.

Involuntary manslaughter in the second degree is a class D felony and is subject to a prison term of up to five years. Armed criminal action is an unclassified felony, punishable by imprisonment by the department of corrections for a term of not less than three years. The punishment is in addition to the manslaughter sentence. No person convicted under this subsection shall be eligible for parole, probation, conditional release or suspended imposition or execution of sentence for a period of three calendar years.

Sentencing in the case will be handed down at 10:00 a.m. December 1st in the Shelby County Court by Judge Gary Wallace.

Joseph Alvey died after sustaining multiple gunshot wounds from a .22 rifle following an altercation at the Russell Heck residence on June 8, 2008.

The owner of the weapon, Michael J. Mutchler, admitted to firing the gun, but claimed it was done in self-defense, as Alvey attempted to take a weapon from Heck and gain access to the home.

On the night of the shooting, Alvey had arrived at the Russell Heck residence near Gorin. Heck shared a home with Angela Graham and their infant child. Mutchler was living with the couple at the time of the shooting.

Another couple had joined the trio for some drinks before Kristy Shaw arrived at the home. After the second couple departed, Joseph Alvey, Shaws boyfriend, arrived.

According to testimony by Shaw, Heck and Graham, Alvey and Shaw had an altercation in the yard when Alvey attempted to leave the party and Shaw refused to give him his vehicle keys because he was intoxicated.

Mutchler reportedly witnessed the fight, and sought out Heck, who had gone to bed earlier in the night, to come to Shaws aid.

Heck reportedly fired one round from a 9mm pistol into the air to warn Alvey to leave the property.

He and Graham both testified that the pistol was then returned to the home, and exchanged for a beater stick a wooden club similar in size to a police baton.

At this time Mutchler exited the home with his .22 rifle and the shooting took place shortly thereafter.

Mutchler took the stand in his own defense, and admitted firing the fatal shots at Alvey. However he claimed the shooting was done in self-defense, as Alvey attempted to take the handgun from Heck.

Prosecution witnesses testified that Mutchler made threatening comments targeting the victim prior to the shooting, a fact the defendant refuted.

They also indicated that Heck, who had taken a 9mm handgun onto the porch and fired a warning shot to scare Alvey away, no longer was holding the gun at the time of the fatal shooting.

The defense pointed out that in their statements given to investigators the following day, both Heck and Graham initially had indicated the shooting was done in self-defense as Alvey reached for Hecks sidearm.

However both witnesses later changed their statements.

Graham testified that she had tried to help Mutchler, her friend, but had decided that it was more important to tell the truth, ultimately requiring her to recant her initial statement and issue a new statement to investigators roughly a week after the shooting.

Mutchler testified that he fired five or six shots at Alvey, deliberately aiming low, in an effort to scare him and prevent him from charging the porch and taking the weapon from Heck. He indicated he made the split-second decision in an effort to secure the occupants of the home.

The Boone County Medical Examiner testified that Alvey sustained four gunshot wounds, one to the leg, one to the lower back and one to the hand. The fourth struck Alvey in the back of his shoulder. The bullet struck a rib, passed through both lungs and ultimately opened the aorta, which proved fatal. The examiner indicated the fatal wound likely would have incapacitated Alvey within 20 seconds.

The defense highlighted physical evidence, including four bullet holes in an adjacent building, noting the low height of impact. They also pointed out that Mutchler had selected a .22 rifle instead of the shotgun or high-powered rifle he also had in the house.

Prosecutors questioned why Mutchler never called law enforcement or an ambulance following the incident, and instead spoke to family members on his cellular phone immediately following the shooting, while the fatality went 45 minutes to one hour before it was reported by Heck.

Evidence was also presented that appeared to disprove Mutchlers testimony that he never reloaded the weapon after the shooting.

Investigators testified that a clip for the weapon was recovered containing seven bullets along with an eighth that was ejected from the chamber. With physical evidence indicating five bullets had struck the house and a sixth, the fatal shot was found in Alveys body, prosecutors pointed out that the testimony was mathematically impossible, since the clip could hold just 10 shells with an 11th chambered in the rifle. With six shots fired and eight in the clip and weapon, the prosecution argued the weapon had to have been reloaded, backing up testimony to that effect and refuting statements made under oath by the defendant.

Mutchler was the lone witness called by the defense. The prosecution called the three witnesses at the home during the shooting, as well as a number of investigators from the Missouri State Highway Patrol Division of Drug and Crime Control (DDCC), the medical examiner, and Scotland County Coroner Ginny Monroe. Testimony was offered Wednesday afternoon following the seating of the jury and concluded with nearly a full-day of testimony on October 15th before the defense rested at around 3:30 p.m.

Jurors received the jury instructions just before lunch on Friday, and returned a verdict that afternoon.

McBee, Alexander Named to Truman State University VP’s Honor Roll

The Office of the Registrar at Truman State University has released the Fall 2016 Vice President for Academic Affairs’ List.

To qualify for this list, an undergraduate student must attain a semester 3.50-3.99 grade point average and must complete 12 semester hours of credit.

Scotland County R-I graduates Lorrin McBee and Morgan Alexander were named to the honor roll.

Founded in 1867, Truman is Missouri’s public liberal arts and sciences university. Truman has the highest graduation rate among the state’s public colleges and universities. U.S. News & World Report has rated Truman as the No. 1 public university in the Midwest region for 19 consecutive years. Consumers Digest rated Truman as the No. 1 value in the nation among public colleges and universities.

BLEND to Perform at First Christian Church in Memphis on March 1st

Blend, an a cappella quartet, is returning to Memphis at 7:00 p.m. on Wednesday, March 1st at the First Christian Church in Memphis.  The a cappella group has made previous appearances in Memphis at both the First Baptist Church and the Memphis Theatre.

Blend was formed at John A. Logan College as a minor project that quickly blossomed into the makings of a successful career for its four members.  Johnathan Estes of the group says, “We started several years ago for a talent show and ended up winning.  From there, found we had a unique sound, so we decided to pursue it as a career.”   The real strength of Blend lies in their ability to entertain crowds of all ages with their energy, humor, renditions of songs which most everyone has heard at some time, all while keeping a Christian undertone.  In addition to their classic doo-wop routine, they are also a deeply spiritual group and love to share their gospel music as well.

The group has performed at churches with their Gospel arrangements and has wowed the crowds at other venues such as fairs, festivals and performing arts centers with their amazing a cappella version of the 50’s and 60’s.  They have been recognized and awarded “BEST OF SHOW 2006 and 2007” in Murray, Kentucky as well as many other awards.  In 2008, Blend appeared as special guests at the Dick Clark American Band Stand Theater in Branson, Missouri.  This led to an offer to perform their show in Branson at the Gene Williams Country Music Theater on a regular basis.  However, the timing was not right.  Blend had to decline the great opportunity due to their dedication to educational responsibilities and pursuits.

While 2008 proved to be a successful year for them, the group made some changes to the presentation of their show.  Developing a show fit for performing arts centers with a bit of nostalgic and unique flair, Blend began touring as far south as Florida and into the northern part of the country in states like Minnesota and South Dakota.  The show quickly gained attention as audiences across the Midwest grew fond of the sounds and entertainment that these four guys bring to the stage with each performance.  Due to this overwhelmingly positive response, Blend was offered the opportunity to perform full-time in the cities of Hannibal, MO and Paducah, KY in 2010.  The group, however, has continued to travel the country in order to be heard more broadly.

After making several appearances through the years in Hot Springs, Arkansas, the city proudly welcomed Blend to present shows daily at the Vienna Theatre through the summer of 2011 and 2012.  In 2014, they were asked to perform regularly at the Five Star Dinner Theatre. Nestled in the heart of downtown Hot Springs, Blend quickly became a “must see” show.  The success has continued for the group in the past few years as they have traveled and performed in spots all over the country.  Blend has worked with various artists, and can be seen performing backup vocals on Ronnie McDowell’s show as well as on his album entitled, “I’m Gonna Dance with the Ones that Brought Me.”  Come see for yourself why people across the country are raving about the very entertaining a cappella quartet from Southern Illinois.  You won’t be disappointed.

For more information about the quartet, visit their website at http://www.blend-acappella.com/.

International Eyecare Center Memphis Office Has Moved

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International Eyecare Center in Memphis, Missouri has moved to a new location! IEC is still located on the Scotland County Hospital campus, but has moved to the former Scotland County Health Department building.  Optometrist Dr. Kelly Sharpe will begin seeing patients in the new facility on Tuesday, February 21st.

“We are looking forward to utilizing the added space to offer our patients a more comfortable overall experience when they visit us,” said Dr. Kelly Sharpe.  Sharpe sees patients in the Memphis, MO location on Tuesdays and Thursdays.

“We love being a part of the Memphis medical community,” said Ashley Lay, Regional Manager at International Eyecare Center.  “For a smaller town, it is very impressive that Memphis has so much to offer its community and we are excited to continue to add to it.”

International Eyecare Center has been serving the Memphis, MO community for over five years.  IEC has thirteen offices in Illinois, Iowa, and Missouri and was founded in 1981 in Quincy, IL.  International Eyecare Center offers the latest in eye healthcare, contact lens innovations, fashion eyewear, and comprehensive eye exams for the entire family.

To schedule an appointment call toll-free at (877) 457-6485.  Appointments can also be made online at www.iec2020.com.

Lady Tigers Withstand Hot Start by Van-Far to Win District Opener 75-56

Ashleigh Creek had a big first period to help Scotland County withstand a hot start by Van-Far in the district opener.

Early on in Monday night’s district opener, it appeared like the bracket builders may have made a mistake as the #7 seed Van- Far looked like state champions. The Lady Indians came out on fire, scoring 24 first period points to give #2 seed Scotland County a scare.

Van-Far was on fire from three-point range in the opening eight minutes, sinking six shots from behind the arc.

The Lady Indians opened the scoring with a pair of three-pointers. Abi Feeney started Scotland County off with a drive to the hoop. Chelsea Wood then sank a pair of free throws before Ashleigh Creek hit back-to-back jumpers to pull SCR-I within 9-8. Wood and Creek each had buckets in the paint before Maddie Brassfield sank a three-pointer. A Brassfield free throw knotted the score at 16-16 with 1:31 left in the first period.

Van-Far sank a pair of three-pointers to close the opening frame on top 24-18.

“Obviously that’s not the start you want,” said Coach Cory Shultz. “But I knew our defense was better than that, and it was going to be extremely difficult for them to maintain that level of shooting for four quarters.”

Madie Bondurant made a steal and scored on the fast break to start the second period. Brassfield sank a three-pointer before Abi Feeney converted two free throws. Brassfield scored in the paint with 5:55 left in the second period to give the Lady Tigers their first lead of the game at 27-26.

Calesse Bair scored on an offensive rebound and Feeney followed with a drive to the rim. Bair then stole the inbounds pass and scored a transition bucket to extend the lead to 33-26 and force a Van-Far timeout.

The Lady Indians pulled within two points before Feeney sank two more free throws. A jumper by Creek ended the second period with SCR-I on top 40-35.

Scotland County began to pull away in the third period. Wood opened the quarter with a pair of buckets in the paint and Feeney added a three-point play to push the lead to 47-37.

Chelsea Wood

Scotland County went to the free throw line 13 times in the third period, converting on nine of those chances, before Brassfield capped off the quarter with a three-pointer to put Scotland County out in front 58-42.

Brassfield opened the fourth quarter with a basket off an offensive rebound. Feeney sank four straight free throws to make the score 64-45 with 6:40 left to play. Wood scored on a drive to the hoop and added two more field goals in the paint to cap off a big night. Feeney continued to beat Van-Far off the dribble, scoring on a drive to the hoop before heading back to the free throw line for two more points. The senior made 14 of 15 from the charity stripe on the night, finishing off the 75-56 win for SCR-I.

Scotland County improved to 23-1 on the year and advances to the Class 2 District 6 semifinals to take on #3 seed Paris, a 60-31 winner over Canton.

Feeney led the Lady Tigers with 22 points. Wood finished with 20 while Brassfield had 14 and Creek added nine.

Abi Feeney

Lady Tigers Improve to 22-1 with 47-32 Win at North Shelby in Regular Season Finale

Chelsea Woods goes up for two points in the win over North Shelby.

An off night from long range made for a low-scoring affair Tuesday night at North Shelby, but the Scotland County girls still had more than enough firepower to put a damper on the Raiders senior night festivities with a 47-32 victory.

SCR-I struggled shooting the ball in its regular season finale, connecting on just three three-pointers on the night.

Two of those long distance shots came in the first period, as the Lady Tigers jumped out to a 14-6 lead. SCR-I actually fell behind 4-0 before Abi Feeney connected on a jumper. A three-pointer by Calesse Bair put the Lady Tigers up for good, at 5-4, before Chelsea Wood scored in the paint. A three-pointer by Maddie Brassfield extended the margin to 10-4 with 3:19 left in the first period and forced a North Shelby timeout.

Feeney sank a three-pointer to start the second period to extend the lead to 17-6. The senior point guard then went to work off the dribble, dissecting the North Shelby defense with penetration moves that netted her 11 second-period points.

Sadie Davis fires up the three-pointer.

SCR-I looked poised to truly blow the game open in the third period. Feeney scored on another drive to the hoop before Wood added a field goal in the paint. Bair scored back-to-back transition baskets off of turnovers created by the SCR-I press, making the margin 37-18 and forcing another North Shelby timeout.

The Raiders corrected their issues against the press, but SCR-I still went ahead 44-26 on baskets by Feeney, Wood and Bair.

The offense went dormant in the fourth period. SCR-I did not score until there was just 45 seconds left in the contest, with Bair making three of four free throws in the final minute.

Fortunately the defense was up to the challenge, holding North Shelby to just six fourth quarter points to help secure the 47-32 win.

Abi Feeney gets to the rim for two of her game-high 17 points in SCR-I’s regular season finale win at North Shelby.

Scotland County closed out the regular season with a 22-1 record, the team’s third straight 20-win season. Feeney led the way with 17 points. Bair finished with 16 points and Wood added 11.

CHARLES H. BRADLEY (5/21/1935 – 2/11/2017)

Charles H. Bradley, 81, of Memphis, Missouri passed away Saturday evening, February 11, 2017 at the Scotland County Care Center in Memphis.

The son of Estel Floyd and Lily Hazel Ellicott Bradley, he was born May 21, 1935 in Memphis, Missouri.

He attended school and graduated from the Memphis High School. After graduating he joined the United States Army and served a term there before coming back to help run the family businesses of Bradley Car Sales and Bradley Auto Parts.

After his parents passed he decided to sell the business and served as an alderman for the City of Memphis as long as his health allowed him to.

Charlie was a lifelong active member of the United Methodist Church in Memphis, serving as an usher when he was called upon until he moved to the care center.

His interests included following the St. Louis Cardinals, buying season tickets for the home games and attending the home games as well as stock car races in the area.

He was an avid collector of St. Louis Cardinals memorabilia, even a lap blanket that he used later when he was a resident at the Scotland County Care Center. Charlie was fine as long as he had his radio and every day he would tune in to the St. Louis Cardinals.

He was preceded in death by his parents.

Survivors include his cousin, Bob (Linda) Ellicott along with other relatives and friends.

Memorials in his memory may be made to the donor’s choice and may be left at or mailed to Payne Funeral Chapel, 202 E. Madison St. Memphis, Missouri 63555.

Funeral services were held Wednesday morning, February 15, 2017, at 10:00 A.M. at the Payne Funeral Chapel in Memphis with Pastor Paul Smith officiating. Interment followed in the Memphis Cemetery with full military honors provided by the Wallace W Gillespie V.F.W.Post #4958 of Memphis and two from the honor guards unit. Pallbearers were Rick Robinson, Leon Buford, Doug Freburg, Ronnie Tinkle, Dennis Bradley, and David Trueblood.

Online Condolences may be sent to the Family by logging onto Payne’s website at www.paynefuneralchapel.com

Arrangements were entrusted to the care of the Payne Funeral Chapel in Memphis.

Scotland County Senior Nutrition Center

MENU

Thursday, February 23 – Liver and Onions or Chicken Pattie, Mashed Potatoes, Green Beans, Bread, Fruit

Friday, February 24 – Fish Fillet, Macaroni and Cheese, Baked Beans, Pickled Beets, Fruit Juice, Cornbread, Peanut/Butter Dessert

Monday, February 27 – Goulash, Italian Blend Vegetables, Lettuce Salad, Hot Roll, Peach Crisp

Tuesday, February 28 – Salisbury Steak, Mashed Potatoes/Gravy, Buttered Carrots, Bread, 5 Cup Salad

Wednesday, March 1 – Fried Chicken, Mashed Potatoes/Gravy, Green Beans, Hot Roll, Fruit Salad

Thursday, March 2 – Tuna Noodle Casserole, Lettuce Salad, Pinto Beans, Pineapple, Bread, Oatmeal Cookies

ACTIVITIES

Thursday, February 23 – Card Party at 5:00 p.m.

Sunday, February 26 – Fundraiser Soup Lunch from 11:30 a.m.-1:00 p.m. Free will donation. Carry-outs available, call 465-7011.

Monday, February 27 – AAA and Care Board Meeting at 10:00 in Shelbina.

Thursday, March 2 – Card Party at 5:00 p.m.

VIRGINIA MAY (INSKIP) HUTSON (8/17/1947 – 2/12/2017)

Virginia May (Inskip) Hutson, age 69, of Windermere, FL, passed away Sunday, February 12, 2017, in Florida Hospital Celebration Health in Celebration, FL.

She was born August 17, 1947, in Memphis, MO, the daughter of Charles Sylvester Inskip Sr. and Vera May Pulis Inskip.

She was united in marriage to William A. Hutson and to this union one daughter was born.

Surviving is her daughter Margaret May Hutson of Windermere, FL; one sister and four brothers, Lois Walker and husband Charles of Macon, MO, Charles J. Inskip and wife Linda of Rolla, MO, Charles S. Inskip Jr. and wife Vicky of Moberly, MO, Larry D. Inskip of Armstrong, MO, J. Dean Inskip and wife Carol of Ashland, MO, including many nieces, nephews, & cousins.

Virginia was preceded in death by her parents, and a brother Carl Ray Inskip.

Virginia was raised in Derby, Colorado where she received her education.

She was briefly employed with Banquet Foods in Macon, and worked in a nursing care facility in Columbia, MO. She also lived in Rolla, Macon, Higbee, Edina, and Moberly, MO; then moved to Florida in 2008 where she lived with her daughter Margaret.

Hobbies included Embroidery and collecting many types of hummingbird figurines, collectable plates of many varieties, and collectable spoons.

Memorial services were held Saturday February 18 at the Hudson-Rimer Funeral Home in Edina, MO.  Reverend Mike Myers officiated the services.  Burial was in the Linville Cemetery.  Arrangements were under the direction of the Hudson-Rimer Funeral Home in Edina, MO.

Donations in lieu of flowers may be made to MargAret Hutson to help cover expenses.  Memorials may be left at or mailed to Hudson-Rimer Funeral Home, P.O. Box 1, Edina, MO, 63537.

New Beginnings

There is a major part to the Christian belief system that tends to get past some; well…. maybe all of us.  That would be the truth, the fact, that in Christ we are new day by day.  Oh how we struggle to live this out.

At County Fairs some have a competition called a Tractor Pull.  One by one, each tractor is at the starting line pulling a cart with weights that transition into a heavier load as the trek progresses.  Eventually, the tractor stops in its tracks because it can no longer pull the load.  The one that travels the greatest length gets the trophy.

Our daily walk is sometimes just like a Tractor Pull.  The further into the day, the heavier the load until we are shut down in our tracks.  God is very much  aware of our dilemma and is devoted to its reversal. If God is anything, He is all about new, renewal, renewing.  Bible expression and confirmation is there for a reason.  He knows we will experience deep stress and provides a way out.  This isn’t just church chatter.  This is to be life… your life… my life… renewed life… day after day.

Therefore we do not lose heart, but though our outer man is decaying, yet our inner man is being renewed day by day (II Cor. 4:16).

Therefore if any man is in Christ, he is a new creature; the old things passed away; behold, new things have come (II Cor. 5:17).

It is for this very reason that Jesus called for our new beginning by being born again. Such isn’t a church doctrine as much as it is designed to restart our engines when we do more sputtering than effectively moving forward. Renewal…it’s a daily thing… so look toward it.  Experience it.  And tomorrow?  Start all over… new… again!

 

NEW BEGINNINGS

VIRGINIA MAY (INSKIP) HUTSON (8/17/1947 – 2/12/2017)

Virginia May (Inskip) Hutson, age 69, of Windermere, FL, passed away Sunday, February 12, 2017, in Florida Hospital Celebration Health in Celebration, FL.

She was born August 17, 1947, in Memphis, MO, the daughter of Charles Sylvester Inskip Sr. and Vera May Pulis Inskip.

She was united in marriage to William A. Hutson and to this union one daughter was born.

Surviving is her daughter Margaret May Hutson of Windermere, FL; one sister and four brothers, Lois Walker and husband Charles of Macon, MO, Charles J. Inskip and wife Linda of Rolla, MO, Charles S. Inskip Jr. and wife Vicky of Moberly, MO, Larry D. Inskip of Armstrong, MO, J. Dean Inskip and wife Carol of Ashland, MO, including many nieces, nephews, & cousins.

Virginia was preceded in death by her parents, and a brother Carl Ray Inskip.

Virginia was raised in Derby, Colorado where she received her education.

She was briefly employed with Banquet Foods in Macon, and worked in a nursing care facility in Columbia, MO. She also lived in Rolla, Macon, Higbee, Edina, and Moberly, MO; then moved to Florida in 2008 where she lived with her daughter Margaret.

Hobbies included Embroidery and collecting many types of hummingbird figurines, collectable plates of many varieties, and collectable spoons.

Memorial services were held Saturday February 18 at the Hudson-Rimer Funeral Home in Edina, MO.  Reverend Mike Myers officiated the services.  Burial was in the Linville Cemetery.  Arrangements were under the direction of the Hudson-Rimer Funeral Home in Edina, MO.

Donations in lieu of flowers may be made to Margaret Hutson to help cover expenses.  Memorials may be left at or mailed to Hudson-Rimer Funeral Home, P.O. Box 1, Edina, MO, 63537.

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