U.S. Senate Judiciary Chairman Chuck Grassley, R-Iowa, wants Special Prosecutor William C. Seay to provide an update on the investigation into Brandon Ellingson's drowning at the Lake of the Ozarks last year.
Seay, of Steelville, could not be reached for a comment for this story.
The former Crawford County prosecutor and retired judge was named special prosecutor in the Ellingson case in March, after the previous special prosecutor - Osage County Prosecutor Amanda Grellner - asked to be removed from the case because of an undisclosed "conflict of interest."
Ellingson, 20, of Clive, Iowa, drowned on May 31, 2014, while in Highway Patrol custody after he was arrested on suspicion of boating while intoxicated. He was in handcuffs when he fell into the Lake.
Trooper Anthony Piercy, the arresting officer, had put a life vest on Ellingson, but it came off after the man fell into the water. Piercy jumped into the lake to rescue Ellingson, but was unsuccessful.
A Morgan County coroner's inquest last year determined the drowning was an accident, and Grellner later said no charges would be filed.
But, Grassley noted in his letter to Seay, she reopened the investigation last January "when a witness came forward with additional information that, in her words, "put things in a different perspective.'"
Noting Seay was named special prosecutor on March 25, Grassley pointed out a lack of investigative activity since that appointment. "Whenever an individual's death is alleged to have been caused by law enforcement officers, the matter deserves a prompt, thorough, fair, and independent investigation," he said.
Grassley wants Seay to report, by Oct. 1:
The current status of the Ellingson investigation.
Any law enforcement agencies assisting in the investigation.
How long Seay expects to take to complete the investigation and decide on criminal charges.
What steps Seay will "take to provide meaningful transparency so that Brandon's loved ones and the public at large will have confidence in both your investigative process and conclusions."
Grassley also is concerned over June news reports about the demotion and relocation of a Patrol whistleblower "for criticizing the role of law enforcement in Brandon's death."
Grassley's Wednesday letter makes no mention of the Ellingson family's federal civil lawsuit against the Highway Patrol and a number of its leaders for Brandon Ellingson's death and their handling of it. He also does not identify the "whistleblower," Sgt. Randy Henry, a 29-year veteran who has raised questions about the training patrol road troopers received after the 2011 merger of the Highway and Water patrols.
Last year, the patrol demoted Henry, who lives in Rocky Mount, to corporal and transferred him from working on the Lake of the Ozarks to working at Truman Lake, about 90 miles from his home.
Henry has appealed demotion, and his disciplinary hearing is scheduled for Sept. 28-29 at the patrol's General Headquarters in Jefferson City.