Prosecutor in case of drowning of handcuffed Iowa man at Lake of the Ozarks steps down

KANSAS CITY, Mo. (AP) -- A special prosecutor who was reviewing the case of a handcuffed Iowa man who drowned in the Lake of the Ozarks has recused herself, citing that it would be a conflict if she stayed on the case.

The Kansas City Star (http://bit.ly/19e3MPB ) reports that Osage County Prosecutor Amanda Grellner filed a motion Wednesday to take herself off the case. Grellner said that she stepped down because a conflict had recently developed in the additional investigation that is being performed.

She did not reveal the nature of the conflict.

"I feel I have no choice," Grellner said in a telephone interview. "I have asked the judge to appoint another prosecutor so that person can give this case the additional attention it deserves and review the additional information I was able to obtain when I reopened it. ... I believe it's very important that a new prosecutor be appointed."

Brandon Ellingson, 20, drowned last May while in custody of a Missouri Highway Patrol trooper Anthony Piercy. Grellner had initially decided to not file charges against the cop after jurors at a coroner's inquest found the death to be accidental.

The prosecutor reopened the case in January after receiving new information.

Grellner said that she had been close to deciding whether to pursue criminal charges against Piercy when she stepped down. She had been working on the case for eight months.

The case, she said, "has been challenging because of every nuance ... including the gravity of what happened that day."

"It's frustrating," said Craig Ellingson, Brandon's father. "I'm not going to stop pursuing them until they are criminally charged for killing my son. ... If anything, I'm more determined than ever."

The 20-year-old college student had been partying on May 31 when Piercy pulled him over after his group of friends left a lakeside bar and restaurant. Ellingson was arrested for boating while intoxicated, and cuffed with his hands behind his back. A life vest was placed on him. As Piercy took Ellingson to an office for a breath test, the student fell into the water. The trooper jumped in to try and save him, but could not.

Ellingson's parents and sister have filed a civil lawsuit against the Highway Patrol, Piercy and several police commanders.

The Highway did not return a request for comment to the paper regarding Grellner's recusal. Officials said Piercy cannot comment due to the civil lawsuit.

The case is currently being reviewed by U.S. Attorney General Eric Holder.