Man accused of killing Independence officer & court worker needs surgery, lawyers say
The Independence man accused of fatally shooting a police officer and court worker during an eviction at his home in February is in need of surgery before court proceedings can continue, his lawyers said in recent court filings.
Lawyers representing Larry Acree, 70, filed a motion Aug. 15 asking the court to allow for medical treatments, including three surgeries.
The filing cites Acree’s medical history, saying he suffers from several serious medical conditions. While the medical conditions were redacted in the motion and are not public record, Acree’s lawyers said in court documents that the medical treatments requested are constitutionally mandated.
“These three necessary surgeries are required before (Acree) can meaningfully participate in the preparation of his defense and meaningfully participate in court proceedings,” Acree’s lawyers wrote in their motion.
Prosecutors announced in May they were seeking the death penalty in Acree’s case.
He faces 18 felony charges in the shooting that killed Independence police officer Cody Allen and Jackson County civil process server Drexel Mack on Feb. 29. Those charges include two counts of first-degree murder, seven counts of first-degree assault and nine counts of armed criminal action.
Amy Thompson, a public defender qualified for capital cases, began representing Acree in July. Attorney Charles Moreland also represents Acree, according to online court records.
Acree’s attorneys filed a motion Aug. 15 to proceed “ex parte,” asking the judge to allow the defense to communicate with the court without notice to prosecutors when it comes to preparing their defense.
In the motion, Acree’s lawyers asked to file pleadings under seal and communicate with the Court without prosecutors present. Thompson asked for the state and public to not have access to specific ex parte requests, or the Court’s ruling resulting from the requests, until the case’s final disposition.
Due to news coverage in the case, Thompson previously said she would file a motion to request that Acree be allowed to wear civilian clothes anytime media were present. That request also came on Aug. 15.
In the motion, Thompson argued Acree appearing before the court in jail clothing and restraints impedes his right to a fair trial by an impartial jury, to due process of law and the presumption of innocence.
His lawyers asked that he be allowed to dress in his own civilian clothing, and to appear without restraints during all court appearances, including when he is being escorted in public areas between his holding cell and the courtroom.
A judge has not yet ruled on the Aug. 15 motions by Acree’s attorneys.
A 15th circuit court judge was initally assigned to Acree’s case after a March decision from the Missouri Supreme Court. In April, Judge Megan Benton, of the 6th Judicial Circuit in Platte County, was assigned to the case, after Jackson County court judges recused themselves from presiding over the case.
The shooting
According to a probable cause affidavit filed in Jackson County Circuit Court, the shooting happened as civil process servers, including Mack, arrived at Acree’s home in northeast Independence to carry out an eviction.
Acree had lost his home over back taxes, court records show.
Gunfire erupted from inside the home, and Mack was struck. As three Independence police officers responded to the shooting, Allen was also fatally shot. Two other officers were hurt before Acree was arrested.
Acree is due to appear in court at 1:30 p.m. Sept. 3 in Division 60 of Jackson County Circuit Court. He remains in custody in the Jackson County Jail on a $2 million cash bond.
The Star’s Nathan Pilling contributed.
