BELLE — Five law enforcement agencies were represented at Belle Police Sgt. Mark Morgan’s town hall meeting on June 4 to discuss a proposed search warrant ordinance with the public. Only one community member was present.

Morgan began the hour-long meeting with a 30-minute presentation that outlined how law enforcement agencies plan and execute high-risk search warrants.

“How it impacts our community and how our law enforcement agencies are working, or not working together I should say,” Morgan began.

Morgan defined a high-risk search warrant as a forced entry into a residence and stopping all movement while gaining control.

“We are talking about armed men — and women — forcing their way into somebody’s house, a lot of the time at night,” he said. “Sometimes as law enforcement, we forget what that means. We are forcing our way into somebody’s home in the middle of the night. We want to make sure we keep that in mind, how serious it is and how important it is for all of us to work together.”

Morgan said entities can mitigate issues with risk management.

“What could go right and what could go wrong,” he said when speaking about risk management. “How do we make sure it doesn’t go wrong.”

He defined law enforcement as reactive to situations and said they don’t have a choice not to respond to situations.

“We have very limited data, very limited information,” Morgan said about responding to calls in general. “We respond and we don’t have a choice. We go with all the information we have at that time. Search warrants are a lot more proactive.”

When they can request a search warrant from the prosecutor and judge, law enforcement has to present probable cause. The entities know the residence, who they are dealing with, and what they are looking for.

Law enforcement serving the warrant use a brief outlining how to mitigate the risk and what to do if something doesn’t go right. Morgan said the brief is used to inform all officers involved in serving the warrant.

“These are the things you want your deputies to know before they kick in the door to the house,” Morgan said. “The problem is that our law enforcement agencies — we’re not communicatin’. I’m not here to point fingers at anybody.”

Morgan alleged other law enforcement agencies come into the city of Belle to serve search warrants and don’t communicate with its police department or only receive a five-minute notice.

Maries County Sheriff Chris Heitman interjected and asked Morgan about his allegations that the city receives a five-minute notice when his department helps execute a warrant.

“That’s the statement you gave to the (newspaper) last week,” Heitman said and Morgan agreed. “I challenge you to find one time that it was only a five-minute notice.”

Heitman also alleged that his department has communicated.

“You said we haven’t had meetings with the marshal or with the Belle police when (Osage County Sheriff Mike Bonham) has met with him, LANEG’s (Lake Area Narcotics Enforcement Group)met with him, I’ve met with him,” Heitman said. “(Marshal Jerry Coborn) has come to a whole board of directors and sat down in a meeting and met with them. Apologized for your actions and said he doesn’t trust you. If he doesn’t trust you, we’re not going to let you be privy to our information. Our confidential information.”

Heitman said Morgan commented in his letter to the editor in the May 29 edition of The Advocate that it was sad the Maries County sheriff wouldn’t follow this ordinance. The proposed ordinance would require all law enforcement agencies to include the Belle Police Department in its search warrant executions.

Morgan was asked theoretically if he was sheriff and the federal government ordered him to confiscate firearms, would he do it? Morgan said no. Heitman said he would be breaking the law because he was ordered to do it. Morgan disagreed because he felt the order would be unconstitutional.

“So if the law is unconstitutional or unlawful, you would not follow it,” Heitman said.

“This law is not unconstitutional,” Morgan argued. “I haven’t even got to that part yet.”

Morgan said he wanted to talk about the meetings (Coborn has attended). Coborn was present in the meeting.

“What you just told me about the meetings that he’s attended — I’m unaware of that,” Morgan said.

“I’m sorry you don’t know what’s going on in your own police department,” Heitman said. “We’ve met with him five times at least and all these times you’ve lied to the media saying we haven’t met with him.”

Morgan said he’d like to clarify that he never lied, he just didn’t know, and that Coborn was sitting in the room.

“Can we continue with the brief or do you want to continue?” Morgan asked.

Heitman said Morgan could continue, but he wanted to stop him before he said again that the Belle Police Department wasn’t notified.

Bobby Kile with LANEG said he doesn’t know of a single time the Belle marshal wasn’t notified.

“A five-minute notification, how can I brief my police officers and have them prepared for a search warrant inside the city limits?” Morgan asked.

Heitman said it has always been more than five minutes. Coborn said the bare minimum is five minutes, but it has always been more.

Morgan began again by talking about the risks of forced entry into the home and how no law enforcement agency guarantees everything will go smoothly.

“Let’s say the police department has a 30-minute notification there is a search warrant going on and dispatch says shots fired,” Morgan said. “They get on scene and police department has to respond to shots fired within the city limits.”

Morgan said hypothetically, when the Belle Police Department arrives on the scene, it’s a critical incident in chaos and he would be looking for who is in charge, but he says he doesn’t know who he would be looking for.

“Is he still armed, is he still loose? Is somebody shot in the house?” Morgan said. “It’s a crazy, high-stress incident at that point. Now I’m supposed to go in and try to get all the information we previously discussed in a five-minute conversation while trying to direct traffic, calling EMS, or sending deputies to another location.”

Kile asked Morgan what kind of notification he gives the sheriff’s office when he serves a warrant in Belle city limits.

“This is a two-way street, this ordinance I’m proposing,” Morgan said. “If serve a search warrant right here, I’m calling Sheriff Bonham with all the information.”

Kile asked what notification they’ve given LANEG or the sheriff’s office in the last six months.

Morgan said he hasn’t served one in the last six months.He has served one since being with the department and did not contact either agency. However, he said the ordinance would have him contact the sheriff with the information law enforcement needs to know.

“That’s all I’m asking for here,” Morgan said. “It’s unreasonable and it’s not safe and I have some severe issues when you expect me or anybody else to go to a particular, serious incident like that and get up to speed while all Hell is breaking loose.”

Morgan said it comes down to public safety and they all have the same goal.

“Mark, I hate to stop you again, but you say we’re not communicating, we’re communicating every single time,” Heitman said. “My team puts together a very large risk assessment and says who is going to do what in an emergency situation, who is going to do what on scene, we have trained drug agents on scene. Sometimes we even have medics on scene. As far as public safety, that is all being handled by the 10, 12 people we have on scene. One Belle police officer is not going to make that big of a difference. And, it’s up to your marshal whether he wants to  brief you or not. Not us. If your marshal doesn’t want you to know something, that’s not my  responsibility or Chief (Deputy Maj. Scott) John’s.”

Morgan said they would discuss that later on, but he wanted to stay on task.

Heitman said Morgan had all of the misinformation in his PowerPoint.

“There’s nothing inaccurate about it, sir,” Morgan said. “You’re not communicatin’ with the police department, that’s what we are talkin’ about.”

“The marshal is the police department,” Heitman said.

“I believe that you’re doin’ a brief,” Morgan said. “The problem is, we’ve got to communicate with each other and in order to do that, you’ve got to work with the police department. That’s all I’m asking for.”

Heitman said his office and others work with the head of the police department and as the head of his department, he contacts the chief, Coborn.

“Well, me and him are going to talk about it afterwards and figure out what to do about all this,” Morgan said.

“That is not correct, because we are communicating,”  Heitman said.

“Well, to my knowledge, that is correct, yes sir,” Morgan said.

Shannon Thompson, Vienna police chief, was present and asked Heitman about an incident he said “happened years ago in Vienna” regarding a search warrant the sheriff executed without giving warning to Thompson’s office. Heitman said the issue was resolved quickly back then and hasn’t happened again.

“I had to buy an associate membership just so I could be included in what was going on in the city,” Thompson said. “The  guys we’ve been working with have been great and I’m not disputing those guys.”

Heitman said 16 years ago he may have failed to notify the police chief, but notified the man on duty. It was corrected. He has a great working relationship with Coborn in Belle, though, and thinks he is doing a great job.”

Heitman was asked why he isn’t notifying the Belle officers on duty.

“I’m glad you asked that,” Heitman said. “One is an individual who is probably going to be indicted soon and shouldn’t be a police officer. The other has accosted a LANEG agent and is under investigation by the (Missouri State Highway Patrol). My guys don’t trust him, so would you include him?”

Thompson said he would if it prevented him from being shot in the back. Heitman said they will know if the marshal says something or not because there will be police cars at the residence.

Heitman said they have enough manpower on scene who are prepared with every scenario.

Kile said everybody knows everybody on the team and there are no outsiders.

“You talk about risk — uncertainty is not risk,” Kile said. “Do not mistake risk with uncertainty. What creates risk is unknowns and when you run your team you want to run it with people you know. To say I have this team of 12 people, but I want to interject this one guy, certainly would provide some risk of its own. Our job as the task force when it accepts new members is to sit down and ask what notification process do they want? If they want the sergeant to know, that’s what we do.”

Thompson said no one has ever asked him how much notification he wants.

“Adam talks to you on a regular basis,” Kile said, speaking about another LANEG agent. “You’ve got it.”

Kile said this issue began when LANEG had a couple of search warrants and Major Scott John had his team together, and LANEG had their team together. There was some back-and-forth about allowing some outside officers into those entry teams. I’m here to tell ya, you want to find a team that puts outside people in it.”

Thompson said he has no problem with his notification officer, but sees the risk if the guy on duty doesn’t know what’s happening. Kile said the last warrant they executed, they notified dispatch.

Morgan said his point is that everyone works as a team.

“When we put that badge on, we’ve got to leave them personal feelings at home,” Morgan said.

“I’ve got a video camera that shows a lot different attitude, Mark,” Heitman said. “Your body camera footage. Did you leave personal feelings at home?”

“Did I leave ‘em at home? Nah, I didn’t. Absolutely,” Morgan said. “Should I have yelled at that Drug Task Force Officer? No, but I should’ve told him I was tired of that crap. I stand by everything I said to ‘em. Should I have yelled at ‘em? If I hurt his feelins I will apologize for hurtin’ anybody’s feelins.”

Kile said it wasn’t about hurt feelings.

“I don’t think it was a matter of hurtin’ somebody’s feelings, I think it was a matter of being unprofessional,” Kile said.

Morgan said it was unprofessional that he wasn’t informed.

“It’s unprofessional for me to have to go to a burglary investigation in the city that I’m working in and talking to the victim and trying to understand why his door’s kicked in —,” Morgan began.

Kile said it is Morgan’s job to answer those calls.

“Not when the sheriff’s office just did a search warrant there —,” Morgan said.

“He told the marshal,” Kile said. “Why are you yelling at our guy when we told the marshal?”

Heitman said Gasconade County 911 Dispatch also knew about the situation.

“You were notified —,” Heitman began. “Scott (John) wasn’t he notified while (Morgan) was in route to that call? The one with the LANEG agent?”

Morgan said his body camera footage has his reaction to dispatch notifying him that a search warrant had been served at the residence he was responding to. John said Morgan was notified after the warrant had been served by dispatch.

Coborn, Belle’s elected marshal, said the LANEG officer notified him of the address where the warrant would be served prior.

“I’m fine with that because, you know, for safety reasons for the officers,” Coborn said. He added that he didn’t need to know the other information.

Morgan demanded why Coborn wouldn’t need to know the rest of the information.

“How in the world can we put this together — how can I plan — how can we prepare ourselves to go to a scene where we don’t know where it’s at?” Morgan demanded to know.

Chief Major John, who is also running for Maries County Sheriff along with Morgan, said the situation was “derailed” early in the game when the Belle Police Department was reinstated.

“You and I, Mark, had a conversation where you — Belle PD — was invited to come to the search warrant where you could assist LANEG with the investigation after the breach was done,” John said. “But you demanded that you and your guys be mixed with our team when we stacked and breached the door. Sheriff and I wouldn’t allow that, and that’s where we went sideways. You wanted your guys to be involved in the stack going in the door. We had no issue with you guys bein’ on scene, so once our team had breached and secured the residence and everyone was safe, at that point we back off. It was a LANEG search warrant and we maintain security while they do the search.”

John said at the time, LANEG was willing to involve Belle PD with the search because it was in their jurisdiction, but it didn’t sit well when BPD wanted to be a part of the stack.

Morgan said he wanted the teams to get together and come up with a plan about how things were going to be executed, but John said no. Morgan alleged the sheriff’s office said they were going to execute the entry, and BPD guys were welcome to be there and secure it.

“We were part of LANEG at this time, and that is really the only reason that a lot of police departments will even sign up, because if not, the sheriff’s office is going to go in and do it anyways,” Morgan said.

A LANEG officer present said he remembered the conversation, and that Morgan had said if BPD couldn’t participate, then LANEG could do it alone without the sheriff’s office.

“I said if we can’t work this out, we don’t need the sheriff’s office,” Morgan said.

LANEG’s officer said if it was truly a matter of concern about public safety, then BPD would want the sheriff’s office present.

“They’re not going to come and dictate to me,” Morgan said. “I say we work together. That’s all I’m asking for. We should be getting together for these things.”

John said this is the way any team works. Morgan asked how he meant it.

“Any entry team, any special tactics team,” John clarified.

Morgan asked how the entities dictate who executes the breach when they are all members of LANEG. Morgan said he and the sheriff’s office both have teams, how do they choose who breaches the residence? Morgan said his team is five or six people. The sheriff’s office has 10 or more along with equipment.

Kile said during the last search warrants, they had two to serve and each entity did one.

“We had a discussion with Sgt. Brandt — for those of you who don’t know, he works for the Patrol, and they said ‘Listen, we really don’t care who serves the warrant. It doesn’t make any difference to us.’ I don’t know where it got fouled up, but then there was an issue at some point and the sheriff’s office was going to serve all the search warrants,” Morgan said.

Kile said no, the sheriff’s office was going to do the tactical entry and secure it.

“You were never excluded from a search warrant, you were just excluded from the tactical part of it,” Kile told Morgan. “Which is what any team would do.”

Morgan said that brings him back to the safety aspect if his team is trying to “play catchup during something bad.”

“It’s our obligation, and I think the community expects this, let’s all work together and communicate and be on the same page,” Morgan said. “I don’t understand why I get so much push back from this.”

Heitman said Morgan doesn’t need to ask the other law enforcement entities anything.

“I think you need to have a discussion with your marshal because our policies and procedures take the upmost safety precautions, we do our diligence to notify everybody,” Heitman said. “We notify the police chief, we notify your dispatch. That’s more than most agencies give other people.”

John added that tactical teams don’t interject other officers they haven’t worked with or rarely work with from other agencies when they serve warrants. The jurisdictional authority may be on scene, but not part of the team making the entry.

Morgan asked how BPD was expected to respond if the search didn’t go as planned.

“When they show up, what do you want them to do?” Morgan asked. “Guess? There’s no advantage to keep doing it the way you’re wanting to do it. ‘Hey, Mark, we’re doing a search warrant. Click.’”

Kile argued that Morgan didn’t seem concerned about that at the time of the last warrant. Morgan said he was “fed up” then. John said this wasn’t the original conversation.

“When we first started talking about this, the Belle PD officer could come to the scene with us, could come to the scene brief right before we hit the residence, would know what address we were going to, who we were hitting and why we were there, but they would not be part of the tactical team making entry,” John said. “You could be part of the investigation with LANEG, but not part of the tactical team. But you didn’t want that. You wanted to be part of the tactical team. That is when Sheriff put his foot down and said ‘No. you can be there and be part of it or you can stay home.’”

Morgan said again that he has a tactical team, too.

“What gives you the right — we are all LANEG at this point — we had this conversation,” Morgan said.

John said it comes down to the senior law enforcement officer making the decision.

“If the sheriff wants to maintain tactical control of the LANEG team that he is a main partner of, not an associate member — if he decides he is going to maintain tactical control in his county, that’s his decision,” John said.

“Well, I disagree with ya,” Morgan said.

“His given his powers by state law, Mark,” John said. “To be the chief law enforcement officer in the county.”

Morgan asked what the state statute entails.

“What special powers does the state statute give the chief law enforcement officer in the county,” Morgan asked.

Heitman said he didn’t understand the question and Bonham said he wasn’t following either. Morgan asked if the state statute allows the sheriff to take over a city policy investigation.

“As chief law enforcement officer in Maries County, I can take and handle any investigation inside the county, no matter where it’s at,” Heitman said. “You can keep investigating it, but I can investigate it, too.”

“Sure, but can you take the investigation I am investigating and say ‘now I’m investigating this?’” Morgan asked.

“Absolutely, I can take control of the scene,” Heitman said.

“The scene!” Morgan exclaimed. “You can come in and take control of a scene where I am currently investigating a crime? I would like to see the statute that specifies that. I really would.”

“In reverse, where’s your proof that it doesn’t say that?” Bonham said. “The thing about chief law enforcement officer is that he is overall law enforcement is that it is overall law enforcement activity in his jurisdiction.”

Bohnam said he didn’t want to get off track, because he was there to hear what Morgan had to say. He asked if the ordinance would apply to state or federal agencies who came into Belle. Morgan said yes, it would apply to any law enforcement. Bonham said it wouldn’t.

“I think it would apply to any law enforcement officer,” Morgan said. “I am sure they would disagree.”

Bonham said if Morgan is elected sheriff, he would be the chief law enforcement officer in the county. Bonham said he hasn’t interjected his authority anywhere and has tried to use his powers judiciously. However, as chief law enforcement officer in the county, he has a responsibility to ensure intel remains safe to keep his officers safe.

“The only other question I have so far, because I am hearing confliction, is who runs the department? Jerry, do you run the department?” Bonham said.

Coborn said he is the elected marshal and he had a long discussion with Morgan when he came back from training.

“I’m really confused,” Bonham said. “What I’m hearing, (Morgan’s) giving a presentation and there’s information that apparently hasn’t been shared and I’m sitting here trying to decipher who is my go-to? I am all about rank. So I want to make sure I follow the chain of command.”

Coborn said he spoke with Morgan about the ordinance and made it clear if he wanted to discuss officer safety during a meeting, that was fine. He also added the county and state all know how to do their job and if the city of Belle’s police department is needed, those agencies would call.

“Mark didn’t know how much the smaller departments really don’t get to be included in search warrants and stuff like that,” Coborn said.

Thompson said he disagreed because when LANEG is in Vienna they work together. Morgan added that if Heitman did have concerns about the integrity of someone at the Belle PD, he would reach out to Coborn and try to resolve it.

Bonham asked how the hiring and firing works at the BPD. Morgan said they council hires people. Coborn can’t fire anyone, but he can yank their commissions to be peace officers through his department.

“The reason why I’m doing this is because I have a lot of experience in this,” Morgan said. “I’ve spent a lot of time in the Army, countless hours studying this.”

Coborn said he and Morgan disagree on the process and on the ordinance since Coborn became marshal.

“Are you in favor of this?” Bonham asked Coborn.

“Officers’ safety I’ve always been on board with,” Coborn said. “I am not fully on board with the ordinance, but I haven’t really read the ordinance.”

Heitman said sending the ordinance to the city’s attorney costs money and it may not be something the marshal wants.

“Why waste the money sending it to the city attorney — why is it not going to (Coborn) and then the city attorney? Then the marshal is like ‘I don’t want it’ and they’ve just wasted $500 sending it to the city attorney,” Heitman asked. “The mayor is here, he can answer that.”

Coborn said he isn’t against a law that would improve things for everyone.

Bonham said the issue could have been resolved by meeting with the heads of all of the departments.

“Before we start putting codified laws into place to make people do what you want them to do and that maybe aren’t as important —,” Bonham began.

Heitman asked Bonham if he would follow the ordinance.

“I think you’re going to have a real problem going forward because who’s gonna arrest the sheriff?” Bonham said.

“A violation of a city ordinance is a violation of a city ordinance,” Morgan said stubbornly.

“The Law is very clear on it,” Bonham said about the sheriff being the chief law enforcement officer in the county and within his right to not inform the city jurisdiction of everything he is doing.

“I understand what you’re saying,” Morgan said. “I will get to the enforcement. I hope this never happens. There is a common thing I keep beatin’ on here and that’s — we just need to work together. I’ve been kickin’ this thing around for months now. This was not my first solution.”

Morgan said he spoke with several law enforcement officers and attorneys. He declined to share the names of the officers and said the attorney was the city’s attorney Todd T. Smith.

“Nobody ever told me this was legal and nobody told me it was illegal,” Morgan said. “There is no precident.”

Kile asked Morgan if he thought it was necessary to put together a presentation for the public with everything LANEG puts together for a briefing. Did he think it would put law enforcement in danger? Morgan said he disagreed, he didn’t think it would put law enforcement in danger because it was searchable. Kile said people don’t have to search for it when Morgan is presenting it. Morgan said he wasn’t going to say how they got the information.

“We are giving (Coborn) all the information he has requested to know,” Heitman said. “We’re putting it in a brief.”

Kile said Morgan is the one who set the standard that he or BPD needs to be at the scene.

“You are welcome here, just you’re not going to be at the entry. You’re the one who has excluded yourself, not us,” Kile said.

Morgan asked why he didn’t get the meeting he asked for and Kile said because he isn’t the marshal.

“You keep saying ‘I need to know this,’ but you’re not obligated to know it, you’re not the marshal,” Kile said.

Morgan said LANEG is not obligated to speak to him anymore because Belle is no longer a member. However, during the incident, he is referring to, Belle was a member.

Kile said people who respect the chain of command would say that it isn’t Morgan’s place to ask for the information.

“Well, I’m tellin’ ya, it’s my place to ask,” Morgan said. “Good Lord.”

Morgan said he’s asked for meetings but has yet to have a “sit-down with the agencies involved.”

“Apparently the marshal has, so you’ll have to disregard that last portion,” Morgan said.

Morgan said the ordinance would charge any entity that doesn’t fall in line a $500 fine. He added that the ordinance would allow the police officers enough time to gather information to protect the citizens.

Morgan included an updated copy of the ordinance in his presentation for agencies present to read on screen.