Judge denies Belle mayor’s venue change, proceedings set for June 10 in Phelps County

By Roxie Murphy, Assistant Editor
Posted 3/6/24

BELLE — Judge William E. Hickle rejected Belle Mayor Daryl White, Jr’s March 4 request to remove his trial from the 25th Circuit. The trial is scheduled for June 10 and will be held in …

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Judge denies Belle mayor’s venue change, proceedings set for June 10 in Phelps County

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BELLE — Judge William E. Hickle rejected Belle Mayor Daryl White, Jr’s March 4 request to remove his trial from the 25th Circuit. The trial is scheduled for June 10 and will be held in Phelps County.

White faces charges for two alleged misdemeanors —- theft and official misconduct. The accusations stem from an incident described in a Maries County Sheriff’s Office probable cause statement used to obtain a Dec. 20, 2023, search warrant served at Belle City Hall. Witnesses claim they saw White stealing multiple cans of spray paint, lubricant and zip ties from the City Road Department garage. They also allege White was using city finances for personal gain.

White was accompanied by his father, Daryl White, Sr., and attorney Thomas J. Kirsch in court on Monday morning to seek a change of venue to Miller County. Kirsch submitted a joint request on Jan. 17 to change both the judge and venue. The case was transferred on Feb. 13 from Judge Kerry G. Rowden’s court to Hickle’s judiciary jurisdiction. Rowden informed Kirsch in February that the new judge would determine jurisdiction at the next hearing.

“I am asking for the case to be transferred out of the circuit to Miller County,” Kirsch began after Hickle called the case. “The reason we want to go out of circuit is the nature of the publicity and I don’t feel the county lines are enough to separate. There is too much going on regarding publicity, media coverage, and the election.”

Kirsch said one witness in the case (Sgt. Mark Morgan with the Belle Police Department) is running for sheriff. The implication was Kirsch didn’t want the case or Morgan’s campaign to potentially negatively impact each other. Other witnesses involved are also running for political office.

Hickle said he holds court in Pulaski, Phelps and Texas counties and hasn’t heard anything about White’s case in those areas. He believed Pulaski or Phelps counties would provide fair trials.

“If you want complete separation, Texas County is like a different state,” Hickle said. “You can choose. I’m not inclined to rule it going out of circuit.”

Kirsch requested a moment to discuss the options with White. When he returned to the courtroom he requested Phelps County as the venue for White’s requested trial.

Hickle approved the change of venue to Phelps County. The pre-trial conference is scheduled for May 6 in Maries County, and the trial on June 10 in Phelps County.