MARIES COUNTY —During Maries County Circuit Court Law Day action on Monday, Judge William Hickle sentenced Kevin Ellis and Michael Munson to prison terms and gave former Vienna man Kole Kleffner a chance to become a productive citizen by adding more terms, including drug treatment, to his probation.

Kevin L. Ellis, 34, of Raymondville, is the defendant who a Maries County jury found guilty of DWI aggravated, a class D felony, at a two-day trial in September. His sentencing hearing was held on Monday and his attorney, Stephen Daniels, began by making a motion for a new trial, which was denied by Judge Hickle. Two witnesses were called by Daniels—Ellis’ girlfriend and his mother. Whitney Derrick, who is his girlfriend, was tearful on the stand. She said she’s known Ellis for a year and a half, worked with him, and said he is a good man as he is loyal, faithful and a good dad to her girls. He treats her well and has been trying to do the right thing with his life, and that includes “not touching alcohol.” She said he goes to work and comes home to his family. He owns a framing business and employs 25 to 30 people. The place where they lived together was broken into because he was not there and all of his tools were stolen. 

Kathy Ellis, his mother, sat in the witness chair. She said Ellis had been in prison and when he came out of prison he worked at having a better life. He worked and paid his bills and took care of his probation. He started a business. He had a back break-up with a girl who harassed him and would not leave him alone. Her other son is trying to keep the business going but it may fall apart because Kevin is the business man and the driving force behind it. 

Maries County Prosecutor Terry Schwartze asked the court to take into consideration the prior DWI convictions Ellis has had and his lack of taking responsibility for them. 

Daniels said they’ve heard the back story and Ellis did slip “and here were are.” Daniels said Ellis will do what the court wants him to do but is concerned for his business. Being part of the 120 days institutional treatment at the Department of Corrections would not bother him. “He wants to satisfy the court and be able to keep the life he’s built up.” He is asking for a chance to save his life.

Judge Hickle said Ellis has a lengthy alcohol record. He drinks and then chooses to drive, which is what gets him “afoul of the law” because he’s putting other people in harm’s way when he gets behind the wheel drunk. Judge Hickle noted his previous convictions, which the jury at his trial were not allowed to hear. His record includes DWI convictions in 2003, 2009, 2013, arrested for DWI in 2010, leaving the scene of the accident in 2012, no valid drivers license in 2016, driving while revoked in 2017, and his arrest in Maries County for DWI aggravated in August 2017. The judge said he would hope that if the State of Missouri tells him not to drink and drive he would listen “but that is not the case as you continued to drive.” In the Maries County case, he was DWI and fled law enforcement, which was just four months after he was placed on probation. Judge Hickle said the bottom line is that his DWI and DWR convictions had no impact on his behavior and he did not accept responsibility. At the jury trial, a defense witness, Whitney Derrick, said she was driving and not Ellis. The jury did not believe it and found it to be false. “So here we are,” the judge said. A business is involved but Judge Hickle said, “No business is worth a life. It’s a matter of time before somebody is killed” based on his conviction record. He said Ellis is not a candidate for probation or the 120 days institutional treatment. His decision does not bring him joy but it is not his choice, adding “by the grace of God nobody was killed” and sentenced Ellis to five years in prison, wishing him good luck. As in the last time Ellis received bad news in the same courtroom, his girlfriend Whitney Derrick left the courtroom crying and could be heard in the hallway outside. 

Michael J. Munson, 48, of Vienna, entered a guilty plea to count I, the class B felony of kidnapping, inflicting injury and terrorizing in the first degree, and count III, the class B felony of first degree assault. 

Prosecutor Schwartze, who was accompanied at the state’s table by prosecutor-elect, Tony Skouby, said she has contact with the victim who does not want Munson out on bond and had written a victim’s statement for the court. Attorney Ross Bush was special public defender for Munson who previously had complained about his court appointed public defender. Bush said Munson is withdrawing his not guilty plea and is pleading guilty to the two charges. Schwartze said if the case was brought to trail, the state would show that Munson assaulted a female in a vehicle traveling from Springfield to Vienna, holding her in the car and threatening and assaulting her. The victim repeatedly asked him to let her out of the vehicle and his response was telling her to go ahead and jump out, which would have caused her serious bodily injury.

Schwartze recommended a prison sentence of five years for count I and four years in prison for count III with the sentences to run concurrently. The judge accepted the prosecutor’s recommendation and ordered it executed.

Also at the law day on Monday, Jessica D. Rohrer, 36, of Belle, had the alcohol ankle bracelet removed because she is going so well and has a job. She is half way through her probation for the misdemeanor DWI charge following a vehicle accident that injured people.