The case against Reynolds centers on a shed to refine used restaurant oil and a fence along property. “Home detention is still a sanction and as we work to vacate this verdict as a fraud upon the court, I am glad the judge is willing to let us litigate it.” “I am glad that Judge Devine was able to see that the public health concerns are of such gravity that this step was appropriate,” Wyse said.
EYE CANDY COLUMBIA MO PROFESSIONAL
Reynolds argues the documents used against him to show his fence and shed are too close to the road did not meet statutory requirements and has filed a complaint with the Missouri Division of Professional Registration, which is responsible for licensure of the state’s surveyors.ĭefense attorney Steve Wyse said in using those documents the county committed fraud on the court and he plans to raise those issues in a motion prior to the upcoming hearing. The county offered to settle in February if he would pay a $100 a month fine until the buildings came down and Reynolds declined. “A new mixture of incentives is warranted given this long period of noncompliance.”įor Reynolds, his stance is rooted in principle. “At this point it seems clear that Reynolds is not a typically motivated person in that he is unmoved by the many overnights he has had to report to the Boone County Jail for failing to comply with this court’s judgement and order,” Dykhouse wrote. “I am glad that Judge Devine practiced good-old-fashioned common sense and made the ethical decision not to continue to put myself and jail staff and other prisoners at unnecessary risk,” Reynolds said.ĭykhouse on Wednesday declined to comment, but throughout the pandemic has opposed Reynolds’ home detention due to COVID-19 and argued stiffer penalties might be necessary to get him to comply with the court order. Reynolds was jailed around the clock from March 27 until May 4, when an extension of the original county stay-at-home order expired. In response, Asel sided with a motion by Boone County Attorney CJ Dykhouse that keeping him incarcerated 24/7 until he complies would also keep him and others safe from the virus. He asked Asel for home detention in late March as the pandemic began to take hold locally, arguing his daily check-ins to the facility were creating a higher risk for himself, other detainees and jail staff. daily in the Boone County Jail in defiance of Asel’s order of May 2017, which was later upheld by the Missouri Court of Appeals Western District. Since May 15, 2019, Reynolds has spent from 8 p.m. 17 at 9 a.m., at which time the Court plans to take up any then-pending motions, and further plans to obtain input from the parties on how this matter may be brought to an end,” Devine wrote. “In the interest of moving this case towards a final conclusion, the Court hereby sets this case for hearing on Aug. However, Devine also set a hearing for additional motions and arguments in the case, suggesting the court is ready to see the ongoing for years litigation finally come to an end. 21, Reynolds will be subjected to electronic monitoring. “Thus, the Court's entry of this Order should not be construed by the parties as anything more than what this Court believes to be a just, proper, and reasonable response to the unique times in which we now live,” Devine wrote in the order.ĭuring the home detention, which ends Aug. In the order, Devine wrote the change was due to the pandemic and he would not alter the judgment of his predecessor that Reynolds must remove structures on his property that are too close to Creasey Springs Road. After a year of overnight jail stays in his zoning battle with the county, local businessman Seth Reynolds will get a temporary reprieve due to the COVID-19 pandemic.Ī newly assigned judge also signaled Tuesday that he is ready to see the case come to an end.Ĭircuit Judge Josh Devine ordered Reynolds to spend the next month on home detention due to the pandemic, a request Reynolds was denied in April by now-retired Judge Jodie Asel.
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