The police chief of a small town in Missouri is facing felony charges of aggravated assault in Kansas City, KS. Mosby, MO. Police Chief Richard Pacheco has been in his position in the town for nine months.
According to KCTV5.com, the incident that led to the charges took place over seven months ago. While police records don’t say what happen, a relative of the alleged victim claims Pacheco followed the victim to a gas station and pulled him from his vehicle with his gun drawn, telling the victim that his erratic driving behavior led him to believe he was intoxicated.
Officials in Mosby were surprised to hear of the charges, saying it hadn’t come up in their board meeting one day after Pacheco was booked. Mosby Mayor Kent Kavenaugh stands behind Pacheco, however.
“The fact that it took seven months to charge him should tell you something, that there’s two sides to every story. Richard’s been an outstanding officer here in Mosby, and we stand behind him 100 percent,” said Kavenaugh.
The incident took place in November, 2011. While seven months may seem like a long time for the prosecutor to file charges, investigations can take months and it’s not entirely unheard of. While immediate arrests are often a sign that there is substantial evidence against the defendant, a delayed arrest doesn’t necessarily mean there is a lack of evidence.
According to reports, this isn’t Pacheco’s first run-in with the courts. He had previously served as the Chief of Police in Hold, MO. While holding that post he was charged with domestic assault and pleaded guilty to disturbing the peace in a plea agreement. There, he was asked to resign.
Though Pacheco may have had jurisdiction to stop someone in Mosby, pulling his gun on someone in Kansas City would be considered a felony, regardless of whether he touched the alleged victim or not. Merely having the weapon is enough.
According to Kansas statutes, if you use a deadly weapon and put someone in “reasonable fear of immediate bodily harm,” you can be charged and even found guilty of felony aggravated assault. A first offense of this Level 7 person felony can carry up to 13 months in prison. Even though Mosby only has misdemeanor convictions on his record, his potential sentence will likely be longer.
If a police chief can be charged with felony assault in a case where no one was even harmed, anyone can face such serious charges.
If you are accused of assault, contact my offices today to discuss your options and how I might be able to help.
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