Lincoln’s probation revoked, sentenced to 10 years DOC

By: 
Laura Schiermeier
Staff Writer

Following testimony by three witnesses about him not always complying with probation requirements, and for allegedly committing predatory felony sex crimes with a young girl, a circuit judge revoked Shad Lincoln’s probation during Maries County Circuit Court action last week.

Judge William Hickle stated the court found that Lincoln, 45 of St. James, had violated his probation on the 2017 class C felony charge of delivery of a controlled substance and he sentenced him to 10 years in the Missouri Department of Corrections. The judge cited Lincoln’s violations which included using a controlled substance — as he tested positive for methamphetamine on a routine drug screen — failing to report for court-ordered jail shock time, and for allegedly committing new crimes. 

Lincoln is charged in Maries County with three felony counts each of first-degree statutory rape and first-degree felony statutory sodomy allegedly committed against his wife’s then 13-year-old niece. He also is charged with a misdemeanor count of furnishing pornographic material to a minor. 

Hickle told Lincoln he will be brought back to Maries County to face these new charges in court.

Maries County Prosecuting Attorney Anthony “Tony” Skouby began the probation revocation hearing after Lincoln’s attorney, Public Defender Matthew Crowell, waived the arraignment on the 2019 charges.

Skouby reminded the court that Lincoln was sentenced to 10 years on the drug charge and placed on probation and thought the probation should be revoked. 

Skouby’s first state witness was Donald Vrba who currently works as an investigator for the Missouri Department of Corrections. However, he previously was employed as a probation and parole officer for Maries County and supervised Lincoln during his probation.

He told the court he asked Lincoln in February 2019 for a urine sample. At that time, he said Lincoln told him it would be negative, but the drug screen instead was positive for methamphetamine.

Vrba said Lincoln then admitted to using the drug a few days prior to his meeting with Vrba. He noted that on three occasions, in August, September and in October, Lincoln had tested positive for drugs on his drug screen with the probation office. 

Vrba testified that Lincoln, as a condition of his probation, was to serve 60 days of “shock time” in the Maries County Jail. He failed to complete the term. Vrba said he talked to Lincoln about needing a new plan to serve the jail time and he agreed to do it, but four times when it was scheduled, Lincoln failed to show up.

There was some back and forth between Skouby and Crowell about viewing the video from a game camera, showing a convicted felon, Richard Carbaugh, being at the junkyard with Lincoln. A condition of his probation is not to associate with convicted felons. Vrba said Lincoln acknowledged to him that he had spent time with Carbaugh. 

Skouby detailed that Lincoln had tested positive for drugs three times, did not report to jail for shock time four times, and he associated with a felon, all reasons to revoke his probation.

Crowell questioned Vrba, saying with Lincoln there was a plan in place to address his drug use issues. He agreed to go to SEMO for assessment. Vrba said he’d been a probation officer for 11 years and he does understand that it is common for drug addicts to relapse and that meth addicts need a long time to overcome the addiction.

Crowell asked Vrba if it is uncommon for addicts like Lincoln to test positive and Vrba said it is not uncommon and they have procedures in place to deal with it. 

They had a meeting and he told Lincoln if he did not get the jail days finished by June 2019, it would be a violation. Lincoln had a lay-off time from work and he said he would do the jail shock time then. 

He attended the first scheduled five-day jail session and none since. He reported as he was directed, though, and Lincoln was in jail custody when he was charged with statutory rape and sodomy. Before the new charges, Vrba had recommended a continuance of Lincoln’s probation. 

After the new charges in early 2019, Vrba recommended revocation of Lincoln’s probation.

Detective Ken Kilmer testified about his involvement in the investigation of the alleged sex crimes between Lincoln and a now 14-year-old girl. 

The girl was also called to testify and spoke about incidents previously detailed during a prior court appearance in Lincoln’s criminal case.

Crowell, a detective with the sheriff’s office for three months, said he’s already worked on two child abuse cases but has no specialized training for interviewing children. He conducted interviews and collected DNA evidence of hair and saliva and took the truck seat cover for analysis. He also collected the clothing Lincoln and the girl, being  identified only as HR, were wearing. All of this is at the lab.  

After Kilmer’s testimony, Skouby said the state believes Lincoln violated his probation. He tested positive for methamphetamine, failed to show up to serve jail shock time, he associated with a known felon, and is alleged to have committed significant new felony offenses.

Crowell said Vrba had recommended a continuation of Lincoln’s probation since his drug use and shock time violations are something that can be addressed. These alone do not rise to the level of the execution of a 10-year sentence. Crowell said the new crimes are more serious. 

He said HR had little recollection and can’t remember details about the incidents, she did not report the predatory encounters to her family, and she spoke to numerous people before talking to a forensic interviewer — people who were less qualified individuals to interview a child. She also did not avoid the interactions. Crowell asked for Lincoln to continue to work with probation and parole rather than be sent to prison. 

Skouby said Lincoln’s alleged new crimes are “not insignificant” and are very bad and HR was brave and courageous to testify against him. 

The judge appeared to be in agreement and revoked Lincoln’s probation and sentenced him to 10 years in prison. 

HR and her mother were crying and hugging each other after Lincoln’s sentence was read.  

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