A stealing charge against the former president of the Sedalia Youth Football League has been dismissed by the court due to statute of limitations.
According to online court documents, on Thursday the court sustained a motion to dismiss entered a few weeks ago on behalf of Jimmy D. Brown, 53, of the 1000 block of South Vermont Avenue. Brown had been charged in September with theft/stealing more than $500. He entered a not guilty plea in November.
Brown and his attorney Christopher Spangler and Pettis County Prosecuting Attorney Phillip Sawyer attended a hearing Tuesday morning, where Spangler’s motion to dismiss was taken under advisement by the court.
According to court documents, SYFL President Jamie Volk gave a report July 11, 2016, to the Sedalia Police Department that he believed Brown had stolen funds from the organization. Volk told SPD that SYFL had conducted an audit and found Brown had written many checks to himself and provided no receipts or explanations for the funds used.
Due to the statute of limitations, SPD Detective Jacob White began looking at checks on and after Aug. 16, 2013. He found Brown wrote 11 checks to himself for a total of $3,745 from Aug. 16, 2013, to Feb. 23, 2014.
When the charge was filed in September, it was considered a felony offense, according to court documents.
“However, shortly thereafter, the Missouri Supreme Court’s decision in State vs. Bazell became final,” online court documents state. “Under that decision’s interpretation of sec. 570.030, RSMo, the overwhelming majority of stealing offenses, including the one allegedly committed by this defendant, are misdemeanors rather than felonies. “
Misdemeanor charges must be filed within one year of the alleged offense. Since Brown’s charge is now considered a misdemeanor and the alleged incidents ended Feb. 23, 2014, the statute of limitation ended Feb. 23, 2015.
The court sustained Spangler’s motion, unless an amended complaint is filed by March 14 which is not barred by the applicable statute of limitations.
Nicole Cooke can be reached at 660-530-0138 or on Twitter @NicoleRCooke.