Couple disputes inquest into man's drowning death

KANSAS CITY, Mo. (AP) -- A Missouri couple who say they saw an Iowa man shortly before he drowned while in the custody of the Missouri State Highway Patrol is criticizing the results of an inquest that found the man's death was accidental.

Larry and Paulette Moreau, of Hartsburg, told The Kansas City Star (http://bit.ly/1weaiLF ) they saw the patrol boat carrying 20-year-old Brandon Ellingson on the Lake of the Ozarks on May 31 shortly before he drowned.

Ellingson was being transported by Trooper Anthony Piercy after being arrested on suspicion of boating while intoxicated. Ellingson, whose family lives in Clive, Iowa, somehow went into the water while handcuffed. A life vest he was wearing while in the boat came off and he drowned.

An inquest last week found that Ellingson's death was accidental and Piercy was not negligent. Jurors deliberated less than eight minutes before issuing their finding.

The outcome outraged the Moreaus, who were interviewed by the patrol after Ellingson's death but were not asked to testify at the inquest.

"When the officer went back to work (days after the drowning), I bit my tongue," Larry Moreau said. ". I tried to stay neutral. I didn't get terribly involved in this. But I thought, 'If they come out and try to say this guy was the hero and did everything he could, I'm going to start talking.'"

The Moreaus told the patrol that Piercy's boat sped past them and when it stopped ahead of them, they saw Ellingson in the water, with his head above the surface and his life vest floating away. They said Piercy maneuvered his boat next to Ellingson but showed no urgency in helping him, didn't turn on the boat's red lights and didn't ask for help.

The couple and their son were not aware that Ellingson was handcuffed and left, only to find out later that he had drowned.

Jim Bascue, who saw Ellingson in the water after the Moreaus were gone, testified at the inquest that Piercy did all he could to save the drowning man.

During the inquest, Piercy testified that he first tried the use a pole to hook Ellingson and then jumped into the lake to try and save him. He also testified that he did not have proper training to handle that situation on a lake.

Larry Moreau said that during the 60 to 90 seconds that his family was near the scene, the trooper was close enough to touch Ellingson at least twice and didn't jump in the lake to help keep him afloat. And he did not give them any indication that he needed help, Moreau said.

"We could have saved him. It's disheartening that if this guy didn't know what he was doing, why didn't he ask for help? And even if he thought he did know what he was doing, the life jacket was off the kid."

The life vest Ellingson had on was a Type III with armholes that could not be secured on a handcuffed person. Piercy used it even though life jackets that can be used on handcuffed people were on his boat, the Star has reported.

The highway patrol did not immediately return a phone call Monday from The Associated Press seeking comment.

The inquest jury's finding is not binding and special prosecutor Amanda Grellner has said her decision on whether to file charges could come this week.


Information from: The Kansas City Star, http://www.kcstar.com

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