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Heacock case dismissed

By Toriano L. Porter - toriano.porter@examiner.net
Posted Mar 19, 2009 @ 03:25 PM
Last update Mar 20, 2009 @ 12:05 AM
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The driving while intoxicated case filed in Lee’s Summit against Independence City Manager Robert Heacock has been dismissed.

According to Lee’s Summit Prosecutor Rachel Brown, the case was dismissed Monday after attorney Bob Welch filed and was granted a motion to suppress evidence on Heacock’s behalf during an appearance in Lee’s Summit Municipal Court last Thursday.

Heacock was charged Jan. 27 in Lee’s Summit with driving while intoxicated after his blood alcohol level registered 0.09, 0.01 above Missouri’s legal limit to drive.

“The city respects the court’s decision, but we don’t agree with it,” Brown said. “The city did put up a vigorous defense.”

The Proscutor’s Office originally said Tuesday the case had been continued until May 14, but Brown said the dismissal was later entered into court records.

Heacock, who was suspended by the Independence City Council 10 days without pay, officially returned to work March 2 after also taking a personal leave of absence to address an admitted alcohol problem.

Heacock told The Examiner he is glad the case is over, but he has grown from the process.

“I am looking forward to putting the issue behind me as I focus on my family and my responsibilities for the city,” Heacock said. “I am grateful for all the support my family and I have received. The professional assistance I have personally sought has been very positive, and I would encourage anyone facing difficult challenges in their life to seek help as well.”

Heacock said his case was closed by “nolle prosequi,” a Latin legal phrase meaning the court did not feel there was sufficient evidence to satisfy a jury without reasonable doubt. A motion to suppress evidence is a formal, written request that certain evidence be excluded from consideration by a judge or jury at trial, often on the grounds of inproper search or seizure.

Heacock’s driving privileges were also restored in a separate state administrative hearing that reviews DUI cases.

Although Heacock is free of legal consequences the incident was personally costly. His 10-day suspension cost him more than $7,500 in wages and invited public scrutiny and criticism.

“While I always questioned the legal aspects surrounding the case, I have tried to take personal responsibility for what happened, and I will continue doing so,” Heacock said.



Dale Brendel contributed to this story.


The driving while intoxicated case filed in Lee’s Summit against Independence City Manager Robert Heacock has been dismissed.

According to Lee’s Summit Prosecutor Rachel Brown, the case was dismissed Monday after attorney Bob Welch filed and was granted a motion to suppress evidence on Heacock’s behalf during an appearance in Lee’s Summit Municipal Court last Thursday.

Heacock was charged Jan. 27 in Lee’s Summit with driving while intoxicated after his blood alcohol level registered 0.09, 0.01 above Missouri’s legal limit to drive.

“The city respects the court’s decision, but we don’t agree with it,” Brown said. “The city did put up a vigorous defense.”

The Proscutor’s Office originally said Tuesday the case had been continued until May 14, but Brown said the dismissal was later entered into court records.

Heacock, who was suspended by the Independence City Council 10 days without pay, officially returned to work March 2 after also taking a personal leave of absence to address an admitted alcohol problem.

Heacock told The Examiner he is glad the case is over, but he has grown from the process.

“I am looking forward to putting the issue behind me as I focus on my family and my responsibilities for the city,” Heacock said. “I am grateful for all the support my family and I have received. The professional assistance I have personally sought has been very positive, and I would encourage anyone facing difficult challenges in their life to seek help as well.”

Heacock said his case was closed by “nolle prosequi,” a Latin legal phrase meaning the court did not feel there was sufficient evidence to satisfy a jury without reasonable doubt. A motion to suppress evidence is a formal, written request that certain evidence be excluded from consideration by a judge or jury at trial, often on the grounds of inproper search or seizure.

Heacock’s driving privileges were also restored in a separate state administrative hearing that reviews DUI cases.

Although Heacock is free of legal consequences the incident was personally costly. His 10-day suspension cost him more than $7,500 in wages and invited public scrutiny and criticism.

“While I always questioned the legal aspects surrounding the case, I have tried to take personal responsibility for what happened, and I will continue doing so,” Heacock said.



Dale Brendel contributed to this story.

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