Attorney asks judge to lower bond for man accused in fatal Independence eviction shooting
A defense attorney has requested that the man accused in a fatal shooting during an eviction in Independence be released without being required to post a bond or to have the amount lowered, according to court records.
Larry Acree, 69, is “unable to post bond in the amount set,” Edward Berrigan of the Missouri State Public Defender’s office wrote in a motion filed Wednesday in Jackson County Circuit Court.
If Acree were released, he would appear as directed and abide by any court conditions, Berrigan wrote in the motion.
Acree faces two counts of first-degree murder as well as first-degree assault and armed criminal action in the fatal shooting that killed 41-year-old Jackson County civil process server Drexel Mack and 35-year-old Independence police officer Cody Allen.
Acree remains in Jackson County jail on a $2 million cash bond. He is scheduled to appear in court on Friday.
Earlier this week, Judge W. Page Bellamy, who is overseeing the case, ordered the public defender’s office to provide Acree with an attorney.
The public defender’s office previously determined that Acree was ineligible for its services because of his financial status.
In his order, Bellamy wrote that he had considered the circumstances and found that Acree did not have adequate means to retain private counsel and the likely additional expenses for an investigator, expert witnesses and depositions due to the nature of the charge.
“Further, it is the court’s experience that the pool of available private attorneys who might be willing and able to provide legal services in this case could be limited,” Bellamy wrote. “And, the court cannot exclude the possibility that factors other than purely financial considerations could exist preventing the defendant from obtaining private legal counsel.”
The public defender’s office could investigate Acree’s financial status further, and he could be required to contribute to the cost of his defense if it didn’t impose a “substantial hardship,” Bellamy said.
In a filing Wednesday, Berrigan notified the court that he would be the lead attorney for Acree.
The dispute over Acree’s financial status comes after he lost his home in northeast Independence over back taxes, court records show. That led to eviction proceedings, during which Acree is accused of fatally shooting Mack and Allen on Feb. 29.
The Star’s Nathan Pilling provided information to this story.
This story was originally published March 28, 2024 at 7:34 AM.
