A former Missouri Highway Patrol trooper has, once again, filed an appeal in an attempt to regain his peace officers license after having it revoked by the Missouri Department of Public Safety for a second time.
Anthony Piercy filed the appeal in Cole County Circuit Court late last week. Piercy is appealing the latest decision by DPS to permanently revoke his license after the drowning death of 20-year-old Brandon Ellingson while in his custody on May 31, 2014.
Piercy’s appeal comes less than a week after DPS issued a second decision upholding the revocation of his license. The first revocation was sent back to DPS by the Cole County Circuit Court. The court ruled the original decision lacked supporting evidence and findings of fact. The request to revoke Piercy’s license was originally filed by Craig Ellingson, the father of the victim.
Ellingson drowned on Lake of the Ozarks after being taken into custody on suspected boating while intoxicated. Percy’s handcuffed the young man and improperly restrained him in lifejacket. Percy’s boat hit a wake, throwing Ellingson into the water.
Pierce was reportedly driving too fast for conditions. After unsuccessful attempts to reach Ellingson, the lifejacket came off.
Piercy avoided a jury trial on involuntary manslaughter charges and pleaded guilty to a the misdemeanor charge of negligent operation of a vessel. Under the plea, Piercy faced up to six months in jail and a $500 fine. Piercy was given a suspended execution of sentence, two years of supervised probation, 50 hours of community service and 10 days in jail that he was allowed to to do in stints of two days at a time.
All law enforcement officers in the state of Missouri have to be licensed through POST. Without the license, you cannot work as a police officer in Missouri.
Jones cited several facts to support the revocation, including that an individual is entitled to safe treatment from his arresting officer. The decision also cited Piercy handcuffing Ellington and choosing the wrong lifejacket that subsequently came off when the young man was thrown overboard.