Pleas from his attorney that Judge Timothy Perigo ignore a jury’s recommendation of a three-year sentence with the Missouri Department of Corrections fell on deaf ears during a sentencing hearing held Jan. 6 in Barry County Circuit Court for former police officerBrian Massa.
Instead, the judge followed the jury’s recommendation to the letter, sentencing Massa to three years for his Dec. 1 conviction on a charge of first-degree involuntary manslaughter.
Defense attorney Duane Cooper argued to the judge that Massa was not convicted of intentionally causing the death of Bobby L. Stacy, 26, of Gravette, Ark., but recklessly causing the man’s death when the officer shot Stacy following a pursuit in March 2010. Cooper said the state admits that the first two of four shots fired by Massawere shots fired when he was at risk - when he was in danger.
“What he was convicted of was doing his job badly,” Cooper said.
Cooper went on to say that almost all involuntary manslaughter cases involve a blameless victim and not a defendant in the middle of making life or death decisions. Usually thecases involve a drunk driver that kills an innocent family on their way home.
“I do not mean to minimize the difficulty this family has had - I cannot imagine anything worse than losing a child,” Cooper said, “but I do not wish the court to ever lose sight of the fact that Mr. Stacy was the author of this. One of the victim’s stated he will never have the chance to raise his children. Mr. Stacy would have if he would have just stopped. If he wouldn’t have ran from that police o◊cer, he would have had that opportunity.”
Cooper asked the court to suspend imposition of any sentence,place Massa on probation or in the worst-case place Massa on a 120-day call back.
“I wish this never happened,” Cooper said. “I wish the family still had their son. Nothing can take that back. Something could have on that particular night - Mr. Stacy could have stopped. I ask the court to consider all the facts in the light of all the cases you have heard.”
Deputy Attorney General Elizabeth Bock handled the sentencing arguments for the state.
“Bobby Stacy was not an imminent threat to Brian Massa at the time the defendant fired the thirdand fourth shots into the rear passenger compartment of the vehicle Bobby Stacy was driving,” Bock said. “Bobby Stacy was stuck, or nearly stuck, on a culvert with his foot on the gas pedal trying to get away.”
Bock went on to say that Massa “lost control” despite his training and experience and that he is not “what we need as a police o◊cer.”
“The state asks that you impose today, the sentence the jury recommended which is three years in the Department of Corrections,” Bock said. “We ask the sentence not be suspended. That he not be placed on probation and he actually be sentenced to the Department of Corrections without a 120-day callback. Brian Massa needs to take responsibility today for what he did on March 28, 2010, and we ask the court to sentence him to three years in the Missouri Department of Corrections as recommended by this jury in Barry County.”
Perigo said in his ruling that at the time the third and fourth shots were fired, the victim’s car was most likely immobile. The judge also cited the “reluctant” testimony of McDonald County Deputy Richard Gidcumb who testified he saw Massa pick up a shell casing that was “closer to the victim’s car than it was to the defendant’s car.” Perigo noted that only three of the four shell casings were ever recovered.
Perigo added that a very damaging piece of evidence was when Massa was talking by phone to his police chief, the defendant turned off his recorder. The obvious question is why, Perigo said. The judge said that it would be speculation to what was said, but it was also speculation by Massa that there were no kids in the car when he fi red his shots into the suspect’s vehicle.
“Use of deadly force under those circumstances, with the car immobilized, cannot betolerated,” Perigo said.
Prior to the arguments and sentencing, victim impact statements were presented to the court by the victim’s father, mother and grandmother.
Larry Stacy, the victim’s father, said the day his son was killed was by far the worst and most horrible day of his life. He said Bobby was a very kind and caring person who would do anything, give you anything - all you had to do was ask. He said young and old just adored him because he would spend time with them. He said his little brother was his best friend and he cannot understand why this happened.
“He was a human being who did not deserve to die on the cold ground without anyone trying to help save his life in any way,” Stacy said.
Statements from Claudia Moss, Bobby’s mom, and Hallie Martin, Bobby’s grandmother, were read by someone else because they said they could not overcome their emotions in order to read a statement.
“As I sit here trying to fi gure out the words that describe how Bobby’s life a◊ected my life, the only thing that comes to mind is there is no words to explain the pain or to know that we will never hear his voice or see his smile or him say ‘I love you Mom,’” Moss’s statement said.
The victim’s grandmother, Hallie Martin, cited the good deeds he did for her anytime she asked. She said those that will be most affected by Bobby’s death will be his nephew and nieces whom Bobby would teach about nature.
“I will always wonder if I could have done something to have prevented the tragedy of Bobby’s premature death,” her statement said.
Massa posted a $25,000 surety bond and will remain free pending an appeal. Perigo ordered Massa under house arrest from 12:01 to 6 a.m. while free and for the defendant to surrender his police o◊cer certifi cation.
News, Pages 1 on 01/12/2012