Man accused of killing Independence officer, court employee denied public defender
A 69-year-old Independence man accused in a mass shooting that killed an Independence police officer and a Jackson County Court employee is not eligible for a public defender, according to court documents.
The Missouri State Public Defender’s Office has advised the court that Larry Dean Acree’s application for a public defender has been denied. Acree has “income and/or available assets exceeding their guidelines,” thus making him not eligible for representation by their office, according to a court order filed Monday.
Under Missouri law, a person is eligible for representation when they do not have the means to obtain an attorney. All circumstances of the case, including the person’s ability to make bond, income and number of dependents, are considered when determining whether the person is indigent.
Acree, who has been charged with the murder of Jackson County civil process server Drexel Mack and Independence police officer Cody Allen during an eviction on Feb. 29, can appeal the decision.
Judge Page Bellamy, from Saline County, Missouri, has ordered a hearing for 2 p.m. Friday to determine Acree’s eligibility after he had requested a public defender and so far has not made bond or obtained his attorney.
Acree, who was injured in the shooting, made his first court appearance on March 6 after being charged. At the time, he said he planned to try to hire a lawyer for his case but elected to begin the process for public defense.
After still being without an attorney at a hearing last Friday, Bellamy had Acree fill out the paperwork to begin the process for a public defender.
Bellamy told Acree that the form would be forwarded to the public defender’s office, but he could hire an attorney at any time.
Bellamy, appointed by the Missouri Supreme Court to preside over the case after all Jackson County judges recused themselves, continued proceedings until Friday, when a hearing on Acree’s eligibility for a public defender will now occur.
Held on $2 million bond
Acree has been charged with two counts of first-degree murder as well as first-degree assault in the fatal shooting of 41-year-old Mack and 35-year-old Allen.
The shooting unfolded shortly after 1 p.m. on Feb. 29 in northeastern Independence while Mack and another civil process server were trying to carry out an eviction. Acree lost his home in the 1100 block of North Elsea Smith Road over back taxes, court records show.
Acree allegedly fired shots, and Mack was struck. Police responded to the scene, and Allen was struck in the head by another round of gunfire from the house. A second officer was hit in the abdomen, according to court documents.
Acree is held in Jackson County jail on a $2 million cash-only bond.
At last week’s hearing, More than a dozen Independence police officers attended, many in uniform. Their badges displayed black mourning bands.
