Thursday, May 24, 2012 | 6:18 p.m.
CDT
BY DAVID A. LIEB/The Associated
Press
JEFFERSON CITY — Residents of a small
southwestern Missouri town are without any police after their two officers were
charged with forging traffic citations and submitting false reports in 2011
that helped the town avoid paying tens of thousands of dollars to the state.
An attorney for the city of Lanagan
— population 419 in McDonald County — said Thursday that the allegations may
stem from mere mistakes or misunderstandings about how to properly document
traffic tickets.
Records show that Lanagan Police
Chief Larry Marsh, 52, was indicted last week on three counts of forgery for
writing citations referencing a non-existent Missouri statute in August,
September and October. He also was indicted on two forgery counts for
submitting false information to the state attorney general's office in 2009 and
2010 in mandatory reports detailing the town's annual traffic stops.
Lanagan police officer Michael
Gallahue also was indicted on two forgery counts charging him of writing
citations referencing a non-existent state statute in August and October.
Marsh and an employee at city hall
both referred questions Thursday to city attorney William Weber. He said the
police officers are scheduled to be arraigned June 18 and have been suspended
without pay while the town takes applications for temporary replacements. Weber
said the officers have not yet hired their own attorneys and he doubts they had
any intention of fraud.
"It's very possible that this
is just a mistake on the officers' part," Weber said.
The indictment says the officers
issued traffic citations for violations of state law "307.000."
McDonald County Prosecutor Jonathan Pierce said that although Chapter 307
outlines "vehicle equipment regulations," there is no
"307.000" and citations must list the specific statute that was
violated — such as 307.040, which governs the use of headlights.
"It's not simply a technical
error by writing a mistaken number," Pierce said.
The forgery charges all are felonies
punishable by up to seven years in prison.
The indictments were publicized
Thursday by state auditor Tom Schweich, who raised concerns about Lanagan's
finances in an audit released in November and shared information with the local
prosecuting attorney.
The audit said the Lanagan police
chief had improperly reported traffic stops on Missouri Highway 59 as occurring
on a city street. The auditor estimated that allowed the town to avoid paying
more than $36,000 to the state under a law that limits that percentage of a
town's general operating revenues that can come from traffic tickets issued on
state and federal highways.
The Lanagan Police Department
reported to the state attorney general's office that all 1,216 of its traffic
stops in 2010 — and all 556 traffic stops in 2009 — occurred on city streets.
But the audit said it reviewed 555
tickets issued from January through June 2010 and found that only four were
issued on city streets. Auditors said 543 of those tickets were issued on
Missouri Highway 59 (also called Main Street as it passes through town) or on
state Highway EE.
The town's Board of Alderman said in
a written response included with the audit that it was not aware of the money
owed to the state and "will attempt to remedy the situation." It also
said that all traffic stops will be properly reported in the future.
Weber said Thursday that the city
lacks the money to immediately pay the state but intends to do so.