DWI / Murder charges filed in fatal crash

November 27, 2007

A Lone Jack man with multiple DWI charges has been charged with murder in the vehicular death of a Blue Springs woman.

Dean Gilbert, 44, Lone Jack, was charged in Jackson County with second-degree murder and DWI.

The charges stem from a crash that occurred on Aug. 28 near the Colbern Road and Missouri 7 intersection.

Police said Mary Nixon, 54, of Blue Springs, was driving north on Missouri 7, just north of the Colbern Road intersection at 2:45 p.m., when Gilbert struck Nixon's car head on.

Nixon was pronounced dead at the scene, and Gilbert was flown from the scene with injuries.

A preliminary hearing was held for Gilbert on Nov. 7 where an arraignment was scheduled for 1:30 p.m. on Dec. 5 before Associate Circuit Judge Jeffrey Bushur, Independence Division 33.

Gilbert remains in jail. His cash bond is $500,000. Gilbert was charged and found guilty of DWI in August 2003, March 2003, and in July 1999.

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Graham Charged in DWI Case

November 24, 2007 (Columbia, MO)

State Sen. Chuck Graham was charged Wednesday in Boone County Associate Circuit Court with driving while intoxicated. The charge stems from his arrest last month after an automobile accident in Columbia.

Graham, D-Columbia, was arrested Oct. 20 at West Green Meadows Road and Bethel Street after police said Graham’s Chevrolet Monte Carlo rear-ended an eastbound vehicle at a stop sign, pushing that vehicle into a third one.

Bob Murray, Graham’s attorney, has filed a motion for a change of venue, stating that the defense and Cole County Prosecuting Attorney Mark Richardson, special prosecutor in the case, have agreed to move the case to Callaway County, according to court records. Murray previously had waived formal arraignment for Graham and entered a plea of not guilty.

Driving while intoxicated is a Class B misdemeanor punishable by up to six months in jail. Richardson, Murray and Graham could not be reached for comment Wednesday afternoon.

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Sen. Chuck Graham Charged with Driving while Intoxicated

November 21, 2007 (Columbia, MO)

Just over a month after his arrest, Sen. Chuck Graham has been charged with driving while intoxicated (DWI).

Because this is Graham's first DWI charge, it is a Class B misdemeanor, and punishable by up to six months in jail.

Columbia Police arrested Graham on October 20, after an accident involving the senator and two other drivers.

Police say Graham ran his Chevy Monte Carlo into the back of another car, which then hit another car.

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Boy, driving for dad, charged with DUI

first published Thursday, November 15, 2007

A police officer checking on a truck that got stuck in the mud at a city park was startled to find a 13-year-old boy behind the wheel. The boy's father, who was sitting in the passenger seat, told police he had had too much to drink and let his son drive. The boy had been drinking, too, police said.

"(The boy) even said he didn't want to drive because he was too drunk," McLellan told The Flint Journal for a story published Thursday.

Open containers of beer and liquor were found in the vehicle, said Clio Police Chief James McLellan.

The father, a 41-year-old Flint-area man, is facing several misdemeanor counts, including child endangerment, allowing an intoxicated person to drive his vehicle and allowing an unlicensed minor to drive, police said.

The boy has been petitioned into juvenile court on charges that include driving while intoxicated, police said.

The two were arrested Nov. 8. They apparently were trying to get home when they turned into the park to turn around. The truck rolled off the pavement and became stuck in the muddy soil.

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DWI News Coverage Comparison

first published Monday, November 12, 2007

COLUMBIA - Sarah Hill examined and compared KOMU's coverage of the DWI arrests of Cole County Judge Byron Kinder and State Sen. Chuck Graham.

KOMU's Your View Executive Producer Kent Collins asks: "Why does one public figure get repeated mentions in the news media because he was arrested for DWI and another one gets only one mention."

Two public officials. Two arrests for driving while intoxicated. Two very different news judgments. State Sen. Chuck Graham was on the air night after night, with his mug shot to tell the stories. His DWI arrest received a lot of air time. But Judge Byron Kinder, the Cole County judge arrested earlier this week for DWI, got only two nights of coverage with no mug shot. So what is the difference?

"In the case of Sen. Chuck Graham and the addition to the actual arrest, he was involved in an accident which two other vehicles were damaged. After the accident when he was at the hospital, for an injury he seemed to get into a confrontation with police over some evidence collection. That again seems to take the story in another direction. Finally, all of this is against the backdrop that he is running for re-election," KOMU Executive Producer Holly Edgell said.

"On the other hand, with Judge Kinder we have someone who is semi-retired, not very much in the public eye. Once the aspect of the DWI was over, we didn't hear anything else from police about that case. Basically they arrested him on probably cause on DWI, and that is where it rested," Edgell said. "So really, you had two different men, two different types of stories with two different types of circumstances."

Judge Kinder pleaded guilty to DWI charges Friday. He will serve two years of court-supervised probation.

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Teen faces felony charges in DWI crash

Lee's Summit 18-year-old passenger in hospital with critical injuries

A Greenwood, Mo., teenager was allegedly drunk and speeding when the car he was driving crashed last month, leaving a Lee's Summit teenager in critical condition.

The accident occurred in the early morning hours of Sunday, Oct. 2. According to the Lee's Summit Police Department, a 19-year-old was driving a 1998 Honda Civic northbound on Forestpark when the vehicle struck the curb and left the roadway on the west side before striking a rock wall and overturning.

The front seat passenger, 18-year-old Roberto Suarez, of Lee's Summit, was ejected during the crash and was later located 20 to 30 feet from the vehicle. Initial LSPD reports stated Suarez's injuries were life-threatening. According to a LSPD report released Thursday, Suarez is still listed in critical condition in the ICU of a metro-area hospital.

Another passenger, 19-year-old also was ejected and suffered a concussion and a severe laceration to the head.

On Wednesday, police issued warrants for the driver for two counts of second-degree assault for operating a motor vehicle while intoxicated (DWI), resulting in injury. That offense is a Class C felony. The driver also was charged with leaving the scene of the crash, a Class D felony. More >>

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Judge Byron Kinder ticketed for DWI

Judge Byron Kinder ticketed for DW

First Published: Wednesday, November 7, 2007 2:49 PM CST

According to the Jefferson City News Tribune, Cole County Senior Judge Byron Kinder was ticketed over the weekend by the Missouri Highway Patrol for allegedly driving while intoxicated.

Some details of the case could not be released because the investigation into the incident is continuing. But the Patrol's Troop F commander, Capt. Dale Schmidt, said Monday a trooper stopped Kinder's vehicle on Route T near Elston around 11:15 p.m. Friday.

The trooper noticed the driver of the vehicle was committing lane violations and driving carelessly, Schmidt said.

Schmidt said Kinder was asked to perform field sobriety tests.

Then, at his request, Kinder was taken to the Prenger Juvenile Center - not the Cole County Jail - where a breathalyzer test was performed.

Schmidt could not say what the reading was, but reported it was enough to issue Kinder, 74, a summons for DWI. The judge then was released.

The news reverberated through the county courthouse Monday.

Kinder's law career in Cole County includes service as both assistant prosecutor and prosecutor before he became a circuit judge in 1973. More >>

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Cole County judge cited in DWI case

JEFFERSON CITY, Mo. (AP) -- A Cole County judge was cited over the weekend for suspicion of drunken-driving, the Missouri State Highway Patrol said.

Senior Judge Byron Kinder, 74, faces a likely charge of driving while intoxicated after a Highway Patrol trooper stopped Kinder's car on a rural road outside Jefferson City on Friday night.

The trooper reported seeing Kinder's vehicle committing lane violations and driving carelessly. The judge was issued a summons for DWI and released.

The effect of the citation on his judicial caseload is unclear. Kinder did not immediately respond to a telephone message left at his home Tuesday seeking comment, and court officials did not reply to an Associated Press interview request.

The Highway Patrol did not disclose the result of Kinder's blood-alcohol test, pending a review of the case by Cole County prosecutors.

Kinder is a well-known legal figure in Jefferson City, serving as both an assistant prosecutor and county prosecutor before becoming a circuit judge more than three decades ago.

He was elected circuit judge five times before retiring from full-time work and continued to handle many cases, usually preliminary hearings.

Circuit Court Judge Patricia Joyce told the Jefferson City News Tribune that Kinder is "considering what his future plans will be" following the citation. Cole County judges may also ask the state to appoint a special judge until Kinder's case is resolved, she said.

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Missouri Judge and Senator Arrested for DWI in Central Missouri

Another High-Profile DWI Bust

You've got to hand it to central Missouri--the cops in those parts are on the case.

Byron Kinder, a semi-retired judge from the Cole County circuit who has handled many a high-profile state case, was issued a summons for DWI on Friday after a Highway Patrol trooper noticed his vehicle weaving. Charges haven't been filed but are likely.

On Oct. 20, police in Columbia arrested state Sen. Chuck Graham, a Democrat, after he allegedly rear-ended a car at a stop sign. DWI charges are also likely in his case.

Over the years, at least a few other notables in Missouri politics have faced DWI charges as a result of police vigilance around the state capital.

Kinder has said he'll reassess his career status if and when charges are filed. Graham has given no indication of reconsidering his re-election plans, but his opponents are rubbing their palms together.

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