I’m Jacob Shellabarger, and I’ve served as Audrain County’s Prosecuting Attorney since 2009. Since 2014, I have served as the full-time prosecuting attorney for Audrain County. Under Missouri law, third class counties such as Audrain County (think of those that are smaller, more rural) have had the ability to elect a full-time prosecuting attorney to serve their justice system. A part-time prosecuting attorney is also a possibility – but the number of part-time prosecutors in our state have been dropping as legal practice and prosecution become more complex and time-demanding.

This position has been, and continues to be, one that challenges me daily. Prosecution is a commitment, and as an elected prosecuting attorney, I took an oath to protect and serve the Constitution of the State of Missouri and the Constitution of the United States, and to faithfully conduct myself professionally in the performance of those duties. I recognize the powers that have been given to me and my office, and that such power comes with great responsibility. Only the county prosecuting attorney can bring criminal charges, except in very limited circumstances where the Missouri Attorney General is given the power to do so. It’s not other politicians, law enforcement or other attorneys who make the decision to prosecute and bring charges against defendants – that’s my job.

I don’t perform this job in a bubble: I live, work, raise my family, own land and enjoy my time in Audrain County. Our family is rooted here, and we care deeply for our neighbors and fellow citizens. Our office has requirements that must be met: charges must be reviewed and filed within 24 hours of any defendant’s arrest if they are held in custody; we must only file charges we believe are supported by probable cause based on admissible evidence, and we must be prepared to try any case to a jury if necessary, as anyone can request a trial in their case. These are burdens I carry, but I am honored and privileged to do so.

Our system of justice is too important to take lightly, as it requires constant effort and awareness to maintain the rule of law. As Missouri law becomes more complex, the prosecuting attorney’s job becomes more complicated each day. While the standard of proof is the same – beyond a reasonable doubt – many jurors’ definition of “reasonable” has changed, based on American culture, media, and society’s changes. Although I may “know” a crime may have been committed, the standard is: Can I prove a crime happened, leaving a juror firmly convinced of the defendant’s guilt?

Prosecutors don’t do this job of justice alone – citizens are where each case begins: a witness, a victim, a phone call to dispatchers, or a courageous walk into speak with an officer or deputy. Other citizens, law enforcement, bring facts. Judges provide the law the jury must consider, and defense attorneys ensure the state does its job, guaranteeing the right to a fair trial for the defendant. These citizens are where our cases begin: if someone breaks the law, to hold an offender accountable, there must be evidence, witnesses and the ability to prove it. Our Constitution requires proof beyond a reasonable doubt that a crime has been committed, which means the state must prove each and every element of the crime, under the law, beyond a reasonable doubt to jurors. This should leave them firmly convinced of the defendant’s guilt. It’s not a judgment on morality – but a clear decision: Did this person break the law? The court provides the law and the structure, and the jury decides what the facts are in the case.

I have been more busy than usual recently, having been named in February to be the interim prosecuting attorney in Warren County, in addition to my role here in Audrain County. I was ordered to serve by Circuit Judge Scheibe after the previous interim prosecutor was dismissed from her position. Because someone has to be the prosecutor for the justice system to function, I serve in that role to allow the process to continue. 

Each county has been getting a full-time effort from me, which means I have spent a lot of time on the road, and many evenings, nights and weekends on the computer and in the offices in both counties. My Audrain County staff has been tremendous – assistant prosecuting attorneys Shelby Park and Jordan Duenckel, and the whole of our office staff in Mexico, have taken on these additional challenges. Justice doesn’t stop at county lines, and although we did not ask for this burden, we bear it because justice requires it: it’s for the victims, for law enforcement, and for the citizens. When our neighbors were in trouble, we stood to help them because that was the right thing to do, even though it wasn’t easy.

Regular, tax-paying citizens are key to the process. Your tax dollars fund what we are able to accomplish, and your trust in our office ensures we are spending resources in the right places to keep Audrain County safe, free and protected from crime. Although we stand ready to try cases to a jury, we also recognize the common-sense approach of problem-solving with accountability, restoration, structure and punishment. We don’t try every case, but we must always prepare as if we will.

The courthouse is open to all of Audrain County, and our work extends beyond the work-day and is a true 24 hours a day, seven days a week commitment. Our office is always prepared to respond in times of crisis, tragedy or crime and to protect families, children and victims from those who would harm them. From all of us, to all of you: thank you for the trust you place in us. We are on guard for you, your business and your family.