BELLE — A Maries County circuit judge ruled on Nov. 18 to release investigative files collected by Vienna Police Chief Shannon Thompson regarding the sheriff’s office, its staff, and various investigations to Sheriff Chris Heitman. According to the order, “the court accepts the invitation of the petitioner, the city of Vienna, and finds that although the records are closed, the interests of the public warrant declaring them to be open and documents are to be provided to the respondent (Heitman).

Judge Brenden Fox ruled in favor of the partial summary judgment in the six-month-long case brought by the city of Vienna against Heitman, preventing him from obtaining records Thompson collected and shared with a St. Louis media outlet. The contents of the files were printed on Jan. 17, 2024, in an online article. The city requested the judge determine if the records were open.

The city of Vienna’s attorney, Nathan Nickolaus with Lauber Municipal Law, alleged in a Sept. 20 court document that, “Heitman filed a Sunshine Law request to the city for records of police investigations against him and his deputies.”

The records contain files Vienna Police Chief Shannon Thompson collected against Heitman, both personally and professionally, staff at the sheriff’s office, and a number of reports. Following the publication of the online article that mentioned the files, Heitman requested copies of the documents via Sunshine Law. He was served with a petition for summary judgment, filed by the city of Vienna, on May 2 with a request for the court to determine if the documents should be open.

On Sept. 20 in a 12-page document written on the city’s behalf, Nickolaus “invited the court to use its powers under 610.100.5 to declare the records open.”

The Nov. 18 partial summary judgment order notes, “The court accepts the invitation of the petitioner, the city of Vienna, and finds that although the records are closed, the interests of the public warrant declaring them to be open and the documents are to be provided to the respondent (Heitman).”

“I’m happy that the city of Vienna is finally releasing the records I requested,” Heitman said. “These records are still considered closed records, however, considering Chief Shannon Thompson released those closed records to the media, I felt I was entitled to them as well.”

During the Monday hearing, Nickolaus, who filed the case and is representing the city, said the city would be happy to write a check for Heitman’s attorney’s fees. Heitman’s attorney David Barrett noted in a document filed on Oct. 5 named “Reply suggestions in support of respondent’s motion for partial summary judgment,” that the city would be expected to do so.

Barrett notes, “What is surprising is Vienna chose a path that will require it to pay Heitman’s attorney fees.”

Barrett named his fees as upward of $12,000, though Heitman said his attorney is underestimating the bill.

The Advocate emailed Nickolaus on Nov. 19, requesting details on how much he has billed the city of Vienna for this case. While he responded to the email, he did not include how much he charged the city.

Nickolaus filed a document on Sept. 20 alleging that “Heitman’s claim that the city has claimed the records are closed is a mischaracterization.” However, in a letter Thompson wrote prior to Vienna filing suit against the sheriff said, “As such those records appear to be closed.”

In his argument against opening the files, Nickolaus also alleged that “investigative reports are not limited to crimes that are within the jurisdiction of the particular department.” Barrett proclaims the statement to be “startling” and “unsupported to citation to any statute or judicial determination.”

The documents included in Thompson’s files include Maries County Sheriff’s Office reports, records from other public agencies, Maries County Bank records, Maries County Circuit Court dockets, correspondence with or intended correspondence with other government agencies, and documents Thompson labeled as “synopsis,” which he described as records where he believes a crime has been committed.

Nickolaus alleges all files pertain to investigations.

“These files are going to show a clear and unprecedented bias by Shannon Thompson where he has overstepped his authority,” Heitman said. “The fact that we’re living in the United States and a small-town police chief keeps secret files at his house is disturbing to me and every American. As an elected sheriff who has been sworn to protect the Constitution, I am concerned about what other secret files Shannon Thompson might have on my citizens. If you are concerned he may be keeping secret files on you you can always submit a Sunshine Law request to find out.”

Barrett made similar allegations against Thompson in his Oct. 5 response in support of a partial summary judgment.

“The lack of authority in Vienna’s suggestions for Chief Thompson roving the state to find evidence of what he believes are crimes is telling,” Barrett wrote. “These records are not protected by law enforcement exceptions to the Sunshine Law. And just as Vienna is attracted to the idea that “the community deserves to know how its elected officials, the sheriff, his deputies and the prosecutor have behaved,” Heitman respectfully suggests that the community might be interested in who else is in Chief Thompson’s secret files, with information collected from across the state when he is paid to protect Vienna.”

Barrett closed by alleging the “uncontroverted, material facts show that Vienna failed to honor Heitman’s request for records under Missouri’s Sunshine Law.”

While the court has released the documents to Heitman, they technically remain closed to the public and Nickolaus continues to allege that the city is not in violation of Sunshine Law. Clarification of the statement was requested via email, but correspondence was not returned.

The Advocate requested comment from Vienna Mayor Tim Schell and Thompson regarding the partial summary judgment.

“I’m glad that’s over with, that’s for sure,” Schell said.

Both Schell and Thompson referred The Advocate to their attorney for further comment.

Nickolaus responded to an emailed request for comment saying, “The judge did not rule in Mr. Heitman’s favor. Rather the judge ruled that the records are closed, as was the city’s position, but that the public interest warranted releasing the records, notwithstanding their being closed. The records were originally closed because they discussed ongoing criminal investigations against Mr. Heitman and his employees. At this time the Maries County prosecuting attorney declined to prosecute and the other jurisdictions involved are willing for the records to be released.

“The city welcomes the release of the records because the public has a right to know about these allegations. We believe that what is contained therein will be considered rather shocking by many in the community. It was important for the city to have a judge authorize the release of the records to avoid retaliatory lawsuits.

“The Sunshine Law provides in these cases that the city must pay the attorney’s fees of the requesting party and the city is prepared to meet its obligations.”

Although The Advocate did not request the documents, Nickolaus provided them in his email.

Heitman received the documents from his attorney late Tuesday afternoon.

“After reviewing these documents, it is personally painful to me to see these outrageous, false claims,” Heitman said. “The fact that Shannon Thompson is willing to do this to me and negatively impact others without proof — and that the city of Vienna is willing to support him in these activities — is a warning about his character and fitness to every other citizen of Maries County and the state of Missouri.”

Heitman said he thought the files listed concerns against his deputies and not hearsay.