Two men arraigned on charges stemming from weekend search

Tuesday, August 30, 2005

Arraignments were held Monday and two men, Bob T. Beisly II, 50, Deerfield and Joe K. McIntire, 53, Nevada, are in jail after Sheriff Ron Peckman, officers from his department, the Nevada Police Department and members of the Southwest Missouri Drug Task Force served warrants Friday at two locations in Nevada and one in Deerfield. An unnamed man was held briefly but was released after a 20-hour investigation.

Peckman said the task force had been focused on this operation for some time.

"The task force has been conducting an operation for some time," Peckman said. "It was a lot of hard work the task force put in and it's paying off now."

McIntire appeared in court Monday morning without a lawyer for his arraignment before Judge Jerry McBeth. After asking if McIntire was represented by counsel McBeth informed McIntire of the charges pending, possession of more than 5 grams of marijuana with intent to distribute and then set Sept. 29, at 9 a.m., as the date for a pre-trial conference. McIntire is in jail on a $100,000 bond.

Beisly appeared before McBeth after being driven back from Osceola, where he was housed over the weekend in lieu of at $1 million cash bond.

Attorney William McCaffree represented Beisly and requested the judge reduce the amount of the bond and to change it from a cash bond to a property bond.

"Your honor, my client's family has been here for a long time," McCaffree said.

"He is fourth-generation Vernon County, he owns property in Vernon County -- farms, machinery and his gas business which needs to be attended to. His wife and property are in Vernon County. He has been cooperative with officials and all you have to do is tell him to be in court and he will be there."

McCaffree said his relationship with Beisly and his parents led him to believe that there is no danger of Beisly's leaving the area and failing to appear, which he said was one of the reasons to require bond.

"I've been close, personal friends with his father and mother for years," McCaffree said. "I'm sure he will be in court when he's supposed to be."

McCaffree argued that the court should reduce Beisly's bond to a $100,000 property bond but Vernon County Prosecutor Lynn Ewing III said there is more to a bond than compelling a court appearance and he thought there are too many problems associated with the process the court had to go through to redeem the property for cash, should a defendant abscond.

"I don't disagree with Mr. McCaffree on the bond guaranteeing appearance but bond is also to ensure Mr. Beisly will comport himself in accordance with the requirements placed on him by the court," Ewing said. "I don't personally like property bonds because there are several hoops the court must go through to insure that the property is free and clear and then to sell the property there are more hoops."

In response to McCaffree's request to lower bond Ewing said he might consider a $250,000 cash bond but McCaffree felt that was excessive.

"A $250,000 cash bond would cost my client $25,000 and would be an assault on my client's assets without finding him guilty," McCaffree said.

McBeth said he was concerned with two things in considering bond -- the likelihood of a defendant's appearance and the safety of the community, in part due to the "large amount" of marijuana allegedly connected to the case.

"I feel the sale of this much marijuana represents a danger to this community and I'm therefore denying the bond reduction," McBeth said. "My interest is in protecting the community."

McCaffree asked the judge if Beisly would be available so he and McCaffree could consult.

"Your honor, I attempted to have a consultation with my client Friday but was unable to, then he was taken to Osceola," McCaffree said. "I tried to see him there but was told they required a 24-hour notice from the sheriff. I'd like to know if my client will be available."

McBeth said that he doesn't control where prisoners are held -- the sheriff does.

"The sheriff doesn't tell me how to handle divorces and I don't tell him how to run the jail," McBeth said.

Peckman said the jail was full but Beisly could be held at the Nevada Police Department, if a cell was available.