Jacob Shellabarger

Welcome to Opening Statement, a monthly discussion about issues in Audrain County’s criminal justice system from the perspective of the Prosecuting Attorney’s Office. 

As prosecuting attorney, I work closely with local law enforcement officers who investigate crimes of all types – from traffic tickets to burglary, assaults and homicide. Personal property has always been part of the American Dream, and protection of individual’s personal property rights has been a part of the United States since its beginning. 

Property crimes, then, are crimes against our society and our neighbors… and an unfortunately common occurrence. Missouri has numerous laws that protect personal and real property rights. When someone enters onto another’s property without permission, it is a trespass. When someone takes another’s property without permission, it’s stealing, and when they intentionally damage another’s property, it’s property damage. Fraud, forgery and burglary are also common property crimes. 

These crimes affect the quality of life in Audrain County and communities across Missouri – theft, trespass, burglary and property damage are frustrating and cause monetary and quality-of-life damages. Victims of property crime often feel unsafe in someplace they should feel protected: in their homes. 

Court operating rules and Missouri law require that those charged with crimes who are not considered “dangerous” are released without staying in custody on their cases with a promise they will appear to answer the charges, sometimes secured by money or property, a bond. Often, people charged with these crimes are released with a court date and an order to appear. 

The cases then are turned over to the Prosecuting Attorney’s Office for consideration of charges, and preparation for the court system. Trespass is one variety of property crimes, and we see numerous trespass cases during the course of the year. Often, a business can formally “trespass” an individual by directly informing them, in writing or verbally, that the individual is not allowed on the property, or must leave the property. 

Defendants who fail to leave property, or who come back onto or into the property, have committed a criminal trespass. This crime commonly occurs when a store, gas station or other business has informed someone they may not return onto the property. Homeowners can also keep others away from their property, or ask others to leave their property, and that can be enforced by the law. 

Stealing is a frequent property crime, where a thief takes something of value that doesn’t belong to them. There are multiple levels of stealing under Missouri law, ranging from fine-only misdemeanors, class A misdemeanors with the possibility of jail time, and numerous classes of felonies with potential prison time exist based on the type or value of the items taken or retained. Receiving stolen property, or possessing, selling or transferring stolen goods, is a related crime. Individuals with prior convictions for stealing are subject to enhanced punishments. Fraud and forgery are using deception of some kind to obtain goods or services. Signing someone’s name on a document without their permission is forgery, and fraud is obtaining items through false promises, false documents or unauthorized use of credit cards or debit cards. Forgery and fraud are common crimes, and often target elderly or vulnerable persons. Although checks are not as common as they once were in our community, using forged signatures on checks to obtain goods or services is still occurring. 

Burglary and robbery are often confused in common conversation. Burglary is entering into the property of another with intent to commit a crime. Missouri has two degrees of burglary, depending on the type of structure and whether victims or weapons are present or not present. Robbery, on the other hand, is stealing of items from a person by force. Robbery is considered a more serious crime than burglary in Missouri, although both carry potential prison sentences as penalties. 

Property damage is another property crime – simply put, damaging the property of another. If the property is of a higher value, this can be a felony crime. Investigation of property crimes often depends on witness statements, clear and accurate photographs or video evidence and law enforcement and victim documentation. Witness statements, and victim statements and active participation from victims and witnesses, are critical to a successful prosecution. Witnesses matter: they must come in and say “I didn’t give permission for this person to take my stuff, enter my property or break my property,” and without that participation, our office can’t prove a crime has occurred to the appropriate level to find the defendant guilty: beyond a reasonable doubt. 

Victims and witnesses don’t ask to be a part of the criminal justice system: they are put there by someone else’s actions. Our office strives to inform and encourage participation from victims and witnesses to lead to successful prosecution of these crimes. Although the prosecution process is long and can be intimidating, it’s necessary for society and our community to balance the defendant's rights when charged with a crime, the victim’s rights to be made whole and protected and society’s expectations that those who break our laws will be punished appropriately. 

Defendants who are willing to accept responsibility for their actions, and plead guilty to committing property crimes, are often eligible for probation. Restitution, or defendants paying victims back for their damages, is a key consideration our office includes when determining a fair and appropriate punishment. The payment of restitution, or recovery of what the victim has lost, is a key function the Prosecutor’s Office serves for the community. Missouri’s criminal justice system protects victims and our community expectations of a safe place to live, work and raise a family without fear of property being taken, damaged or destroyed by others. Together, as a community, we hold offenders accountable.