(MO) Costs of case where man shot alleged cow shooter could take part of farm.

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Drizzt

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Wife: Charges ‘put us through hell’

Costs of case where man shot alleged cow shooter could take part of farm.

By Ryan Slight
News-Leader

Thomas Brennan no longer faces criminal charges for shooting a man who killed one of his cows, but his wife said that does not end the difficulties he and she face.

Because of the significant legal costs it took to defend himself against the charges, the couple may have to sell part of the Douglas County farm they’ve had for nearly three decades.

“It put us through hell. The whole event was horrific, because my husband fired that gun in self-defense,†Brennan’s wife, Terry, said Sunday.

They also lived with the “very traumatic†fear that Randall Wade Scofield, the Mansfield man Thomas Brennan shot, could have died in a hospital, she said, which could have caused the farmer to face a murder charge.

“We’re delighted that the charges were dropped. We felt Tom should never have been charged to begin with,†Terry Brennan said.

Thomas Brennan was charged with first-degree assault and armed criminal action for shooting Scofield in the face with a .357-caliber Magnum on Sept. 4, 2001, in northern Douglas County, near the Wright County line.

Douglas County Prosecutor Chris Swatosh dismissed the charges last week after he said new facts and additional investigation revealed that Brennan, 61, had a strong case of self-defense — particularly a witness who might have testified in court.

The Brennans’ attorney, Dan Wade, said a better investigation by officials would have revealed it was a case of self-defense early on. Physical evidence showed Scofield was reaching for a gun when Brennan fired, Wade said.

“They kept trying to get Tom to plead. But he wouldn’t take it because he knew he didn’t do anything wrong,†Wade said.

Efforts to reach Swatosh for comment Sunday were unsuccessful.

Scofield had allegedly been drinking the day he arrived on a road by Brennan’s property as a passenger in a vehicle.

He had been out of prison a few weeks after serving seven years for burglary, Wade said.

Brennan, who was sitting on a porch at his home, heard a blast when Scofield allegedly shot and killed one of his cows. Wade said Brennan drove a short distance to the site where the animal was slain, and heard a description of the vehicle that Scofield was in from a neighbor.

Brennan and the neighbor went to check on the rest of the livestock when Scofield’s vehicle approached them, the attorney said.

Scofield and an unidentified driver reportedly said they didn’t shoot the cow and didn’t have a gun, he said.

However, the neighbor saw a rifle in the back of the vehicle, Wade said.

Scofield reached for the weapon and the driver began reversing, prompting Brennan to fire a shot, he said.

“He had five more bullets. He just fired to defuse the threat to his neighbor,†Wade said.

After a long hospital stay, Scofield recovered from the shooting.

Scofield, who could not be reached for comment, has several charges pending in Wright County, including leaving the scene of an accident, possession of methamphetamine and felonious restraint and assault.

He is currently free on a personal recognizance bond.

Wade questioned why prosecutors filed no charges against Scofield for being a felon in possession of a firearm or shooting a cow.

“I was just disappointed that they chose to take the word of a convicted felon over the word of law-abiding farmers,†he said.

http://www.springfieldnews-leader.com/news/douglas0113.html
 
The Brennans’ attorney, Dan Wade, said a better investigation by officials would have revealed it was a case of self-defense early on. Physical evidence showed Scofield was reaching for a gun when Brennan fired, Wade said.
And those costs are undoubtedly owed Wade.

The article is a bit skewed. It doesn't flesh out the title in the body. Sounds like a setup for a fund to pay the lawyer's fees. If so, that's great because it's for a worthy cause -- a citizen defending himself against judicial harassment. Wade should be paid from taxpayer funds as a public defender.

Whole thing: :cuss:
 
There is so much wrong here it aint even funny.

Drugged up felon with a gun on good farmers property with a dead cow.

SOBs always try to get you to plead out when their case is weak - they try and bankrupt you into pleading.

IMO, this is the weakest part of our judicial system - DAs can go after people and make them choose between racking up massive legal bills or pleading to a lesser charge. There should be some kind of recourse for citizens - perhaps a jury to declare that the prosecution was excessive or somthing.

Remember kiddies - shooting to live is only slightly less painful than being shot :fire: :cuss:
 
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