DA, Sheriff Ignore Open Records Request

A Missouri newspaper has been rebuffed by the Craig County sheriff and district attorney in its efforts to obtain documents related to a fatal shooting by a Sheriff's deputy. <br><br>The Joplin Globe

Monday, March 25th 2002, 12:00 am

By: News On 6

A Missouri newspaper has been rebuffed by the Craig County sheriff and district attorney in its efforts to obtain documents related to a fatal shooting by a Sheriff's deputy.

The Joplin Globe reported Sunday that both offices have ignored the newspaper's Open Records Act request for documents involving the 1999 shooting of 17-year-old Shane Freeman.

The district attorney ruled the shooting a justifiable homicide. But family members say they believe authorities are lying and that the autopsy report contradicts the scenario described by officials.

Neither Sheriff Jimmie L. Sooter nor District Attorney Gene Haynes have responded to the Globe's calls and letters inquiring about the status of the Open Records request for the incident report and other documents.

The request was filed by the newspaper on Feb. 5. The day before the request was filed, Sooter said it was his policy to deny all open records inquiries. Sooter, who took office in January 2001, also said he believed the records were missing.

Freeman was killed on Jan 8, 1999, by a shotgun slug fired by Deputy David Hayes. Freeman had been sitting in a disabled pickup near a rural intersection northwest of Welch.

He allegedly stole the truck a day or two earlier at McAlester, and also had in his possession a stolen pistol. There were no witnesses.

George Vaughn, sheriff at the time, said he believed the shooting was in self-defense. He said Freeman had been ordered to ``surrender and give up the gun,'' but chose a confrontation instead.

``I'm convinced that nobody has been told the truth about Shane's death,'' said Dwayne Vancil, the teen-ager's uncle.

``The night he was killed, the sheriff said Shane had made an inappropriate movement with his hand. The next day they said no, he was pointing a gun at the deputy. But then myself and some others went and actually looked at Shane's body.''

Vancil said the wounds suggested that Freeman was turning away to run when he was shot, instead of facing the deputy with a drawn gun.

In late December 1999, the bodies of Freeman's parents, Kathy and Danny, were found in the ruins of a fire that destroyed their mobile home. But both died of gunshot wounds, not flames or smoke from the fire, authorities said.

Shane Freeman's 16-year-old sister, Ashley, and her best friend, Laura Bible, who had spent the night, have been missing since then.

The former sheriff, Vaughn, said all material on the shooting of Shane Freeman and the later case involving the murders and missing girls was present when he left office.

Under the Oklahoma Open Records Act, law enforcement agencies are required to make available to the public a number of documents, if kept, including incident and arrest reports. The act also requires ``prompt, reasonable access'' to records.

``The Oklahoma statute is really quite clear ... about the records law enforcement shall make available for inspection,'' said Mark Thomas, executive vice president of the Oklahoma Press Association.

``The attorney general would have to take a look at this, and decide if someone should be prosecuted for willfully and maliciously violating Oklahoma law,'' Thomas said. ``We haven't put anybody in jail (for Open Records Act violations) in about 10 years or so, and perhaps it's overdue.''

Violations of the Open Records Act are punishable by a fine of up to $500, no more than one year in the county jail, or both.

Charlie Price, a spokesman for Attorney General Drew Edmondson, told the Globe that Edmondson's office had no jurisdiction over district attorneys and no interest in becoming involved.