Rift between Scott County commission, sheriff intensifies

Tuesday, December 20, 2022
Scott County Presiding Commissioner Jim Glueck holds the door open for a county highway department worker carrying moving boxes as sheriff’s office employees look on early Monday, Dec. 19, 2022, at the Scott County Sheriff’s Office in Benton, Missouri. (Leonna Heuring/Standard Democrat)

BENTON, Mo. — A hearing set for next week will decide whether the Scott County Sheriff’s Office will move its location to the Scott County Jail.

On behalf of the Scott County Commission, Scott County Prosecuting Attorney Amanda Oesch on Monday filed a petition in Scott County’s 33rd Judicial Circuit for a “writ of mandamus or injunction” against Scott County Sheriff Wes Drury, according to online court records. A mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.

Through the petition, Oesch is asking for an order to make the sheriff move offices from the “Sheriff’s Office” building located behind the Scott County Courthouse and adjacent to the Judicial Building in Benton to the second level of the Scott County Jail to make room to add a courtroom and jury space in the Sheriff’s Office building.

A hearing is scheduled for Dec. 28 before Special Judge Terry Lynn Brown, who will decide whether to grant the writ of mandamus and injunction.

Scott County Presiding Commissioner Jim Glueck said the Commission decided months ago to move the sheriff’s office staff from the Sheriff’s Office building to the Jail, which is located across the street from the Judicial Building.

Just after 8 a.m. Monday, Glueck used the back entrance to gain access to the sheriff’s office and brought a couple county highway department employees who carried in packing boxes. He had pre-arranged for the county’s information technology company to move computers and phones and hired a moving truck company to assist with the move. He also had the locksmith present in case locks needed to be changed to gain access to the building.

However, the move ultimately didn’t take place. Reportedly, members of the sheriff’s office refused to leave and would not allow anyone but Oesch into the office.

According to Glueck, Drury knew the moving truck was coming, but he did not know it would be Monday. Glueck said commissioners announced nearly five months ago they wanted to move the sheriff’s office, but the sheriff and staff repeatedly refused to move. The presiding commissioner also said the sheriff’s office had been given a moving deadline of Dec. 9 but failed to act.

According to Glueck, the reason the commission decided to move the sheriff’s office to the jail is because Judge David Dolan expressed to them the need for another courtroom and jury space because potential jurors have been lined up in the hallways at the courthouse and also because of court case backload due to COVID.

“When this jail was designed years ago, the sheriff’s office was designed to go in the jail,” Glueck said.

Glueck said the commissioners had the second level of the jail renovated for some of the sheriff’s office staff member. Then a courtroom and jury room could be constructed in place of the offices in the Sheriff’s Office Building, he said. The additional courtroom would alleviate the court load and free space in the jail, he said.

In late July, Drury told the Standard Democrat the space at the jail would not accommodate the sheriff’s office needs because of several special rooms, such as juvenile holding cell, interrogation room, evidence room, technologically-equipped rooms for downloading cell phone data and more that require their own spaces.

As of press time Tuesday, the Standard Democrat was still awaiting a response from Drury.

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