Man accused in Independence officer, court worker deaths likely to get public defender
The 69-year-old Independence man accused in the mass shooting that left an Independence police officer and a Jackson County employee dead during an eviction last month is likely to have a public defender appointed to represent him.
Judge W. Page Bellamy, from Saline County, Missouri, told Larry D. Acree during a brief hearing Friday afternoon in Jackson County Circuit Court in downtown Kansas City that he was inclined to appoint a public defender in the case.
The Missouri State Public Defender’s Office previously said he was ineligible because his “income and/or available assets exceeded their guidelines.” Bellamy said Acree had appealed the denial.
Bellamy, who was appointed to preside over the case by the Missouri Supreme Court after all Jackson County judges recused themselves, told Acree he wanted to review the matter further but said he was leaning toward appointing an attorney. He told the man the public defender’s office could investigate his assets further and request they be used to pay for his defense.
“If you have sufficient assets, the public defender’s office can seek additional court orders to make sure their resources are not being inappropriately used,” Bellamy said.
Under Missouri law, a person is eligible for a public defender if they lack the means to obtain an attorney.
A representative of the public defender’s office told Bellamy during the hearing that an attorney could be assigned to represent Acree for a hearing next week, and Bellamy scheduled another hearing for March 29. Future proceedings will likely take place in Independence, he said.
Independence police chief Adam Dustman and several other officers from the department were in attendance at the brief hearing Friday.
Acree has been charged with two counts of first-degree murder as well as first-degree assault in the fatal shooting of 41-year-old Jackson County civil process server Drexel Mack and 35-year-old Independence police officer Cody Allen during an eviction on Feb. 29.
Delays in getting an attorney
Since Acree’s first court appearance on March 6, his case has progressed slowly while legal representation is determined. Acree had indicated he planned to try to hire a lawyer but wanted to begin the process for having a public defender appointed.
When he appeared in court on March 15, he still had no attorney and had not filled out the necessary paperwork. Acree said he needed glasses to read the form, but he hadn’t received them until the night before the hearing. He also had questions about how to answer some of the questions.
Bellamy had Acree fill out the form and answer the questions as best he could. Bellamy also told Acree that he could hire an attorney at any time. After receiving Acree’s application, the public defender’s office notified the court he was not eligible.
Cameras have not been allowed in the courtroom because Acree does not yet have an attorney.
Shots fired during eviction
The shooting unfolded shortly after 1 p.m. Feb. 29 in northeastern Independence while Mack and another process server were trying to carry out an eviction. Acree lost his home in the 1100 block of North Elsea Smith Road over back taxes, court records show.
Mack was struck by gunfire. Allen was among the police officers who responded to the scene and was struck in the head by another round of gunfire from the house. Two other police officers were injured in the shooting — one in the abdomen and the other had minor injuries.
Acree remains in Jackson County jail on a $2 million cash bond.
