An appeals court has ruled in favor of the early release of an area man who was convicted of involuntary manslaughter for two deaths and two injuries in a 2007 alcohol-related crash in Russellville.
The Kansas City-based Western District of the state's court of appeals issued an order this week to allow the release of Larry Welch, 62, after he has served seven years of his 20-year sentence. The order isn't effective until 5 p.m. next Tuesday, unless another court order is issued to keep Welch incarcerated, Cole County Prosecutor Mark Richardson said Thursday.
Richardson said he will ask the Missouri Supreme Court to keep Welch in prison.
The wreck on Nov. 4, 2007, killed Jean Olsen, 45, and her son, Tobias, 17. It also seriously injured Johanna Olsen (now Johanna Henry), then 14, and Eric Olsen, 41, father of the two teens and Jean's husband.
"This whole thing has been a shock for us and it has definitely not been easy because we are now just reliving all of it again," Henry said. "If he gets out, I don't have another move I can make.
"It is done then, we have gone as high as we can go. I am still going to be an advocate for other people that have been victims of drunk drivers."
Then-Circuit Judge Richard Callahan sentenced Welch to two 15-year concurrent terms for the involuntary manslaughter convictions and two five-year concurrent sentences for second-degree assault.
Both charges incorporate driving while intoxicated charges.
"The Olsens' suffering is not to be minimized, but it does not become lessened by Larry's continued incarceration," said James D. "Doug" Barding, Welch's defense attorney. "I assume that the Supreme Court will review what he has done and decide if they are going to review the case.
"I suspect we will hear if they will do something about it by Tuesday. ... (Welch) should be released at that time, barring any other action."
Barding said the reasons for pressing the sentence reduction for his client was for health concerns, and because the original trial court misled Welch to think he would not have to serve the full sentences after pleading guilty.
He also said there were several other factors contributing to the early release, such as the suffering of Welch's family and friends, who have petitioned for his early release.