Rural prosecutor still wants Missouri AG’s money for abuse case, if not his advice
On the same day the Cedar County prosecutor charged five staff members from Agape Boarding School with low-level assault, he wrote a letter to the governor asking for help in prosecuting the case.
It was the second time Ty Gaither had made such a request.
This time, Gaither pleaded with Gov. Mike Parson to tell the attorney general his office needs to stay on the case and pay for the continued prosecution of the five defendants. Even if Attorney General Eric Schmitt disagrees with how Gaither is handling the case.
BEHIND THE STORY
MOREWhat's the bigger picture?
The Star has been investigating Missouri’s unlicensed reform schools for more than a year. For decades, these schools were not regulated in any way by the state. Hidden away in rural areas, many in southern Missouri, the schools escaped scrutiny. Dozens of former students have recounted stories of physical, emotional and sexual abuse they say were inflicted on them by staff and fellow students. Read more by clicking the arrow in the upper right.
What's the solution?
Prompted by The Star’s coverage, Missouri lawmakers conducted hearings and drafted legislation that would, for the first time, implement some oversight of these faith-based schools. In July, Gov. Mike Parson signed the Child Residential Home Notification Act, which requires boarding schools to register with the state, conduct background checks on all employees and submit to health and safety inspections. Also, charges have been filed against the owners of Circle of Hope Girls Ranch and employees of Agape Boarding School, two schools highlighted in The Star’s coverage.
Last week, Schmitt asked Parson to dismiss his office from the case because it didn’t agree with the charges filed by Gaither — against only a fraction of the staff members that the AG wanted charged.
“The effective prosecution of the charges in this matter still requires the support from the Attorney General’s office in order to present witnesses, most of whom reside outside Missouri, and thereby prove the allegations,” Gaither wrote in the letter dated Tuesday and shared with reporters on Thursday.
The AG’s office did not immediately respond to emails requesting comment. Parson’s office said directing the attorney general to assist is the extent of the governor’s involvement.
“What level of assistance to provide is left to the attorney general, local prosecutor and the court,” said Kelli Jones, Parson’s spokeswoman.
Gaither’s letter to the governor further illustrates the escalating tension between the Cedar County prosecutor and attorney general over the handling of the Agape investigation, which the Missouri Highway Patrol launched in February.
In March, at Gaither’s request, Parson directed the AG’s office to help in the Agape investigation.
But in Schmitt’s letter to Parson last week, he asked that his office be removed from the investigation because he believed Gaither didn’t intend to “seek justice” for all 36 victims identified in the patrol’s investigation.
Schmitt made the unusual request after Gaither initially said he planned to charge just seven Agape staff members with roughly 14 counts of assault and other crimes. The Attorney General’s Office recommended prosecuting 22 staffers with a total of 65 counts on behalf of 36 victims.
Yet on Tuesday, Gaither charged only five Agape staffers with 13 counts of third-degree felony assault. The charges are Class E felonies, the lowest-level felony classification. Although the AG’s office and highway patrol were involved, Gaither’s office had the final say in what charges were filed.
Those 13 criminal counts are just one-fifth of what the highway patrol and the attorney general recommended. And because of that, dozens of angry former students, advocates and lawmakers said the county prosecutor was standing in the way of justice.
Gaither insisted that the charges were appropriate. In his letter to Parson, Gaither said he was trying to ensure that victims’ voices would be heard.
“In Missouri, the principle is well established that the prosecution of criminal matters is a local prerogative,” Gaither said. “I respectfully request that you reiterate to the Attorney General your initial instruction to provide the resources necessary to win justice for the victims in this criminal matter.
“Without it, our ability to mount an effective prosecution may be hindered by the proportional imbalance between the Cedar County treasury and the budget of the Attorney General which you have recommended to the General Assembly and which they have appropriated.”.
This story was originally published September 30, 2021 at 3:06 PM.
