Thomas Gounley

TGOUNLEY@NEWS-LEADER.COM

The Monday evening City Council meeting in Dixon attracted more than 100 people. Nearly all of them had picked a side.

“Mike Plummer ran two terms for a reason," said attendee Laura Delaney. "Everyone likes him. He’s firm, he’s fair.”

Another resident, Randy Robertson, said: “I hope that a different person gets appointed to the position to take care of the job."

The meeting also attracted what several long-time residents said was the most law enforcement officials ever seen at once in the city of 1,500 in Pulaski County. In addition to Dixon police, more than 30 deputies and Missouri State Highway Patrol troopers were present, waving hand-held metal detector wands over people before they entered.

“We’re here just to make sure that the city council members are free to conduct their business, make sure that no property is damaged and make sure that no one is injured,” Sheriff Ron Long told the News-Leader.

Technically, there were a number of things on the meeting agenda. But nearly everyone packed in the Dixon Senior Citizen Center Monday had come to see if Michael Plummer would be sworn in as city marshal.

Indicted in October

Dixon's police department consists of the marshal — essentially a police chief — and three full-time patrolmen, according to Pulaski County's prosecuting attorney. Marshal is an elected office.

Plummer, 33, was first elected to the position in April 2012, and was serving as marshal when, in mid-October 2015, a grand jury indicted him on 15 charges.

Ten of the charges were felonies, with most of those related to forgery. The state alleges that Plummer manipulated evidence related to the blood alcohol content of suspected drunk drivers, as well as officer applications for permits to operate breath alcohol analyzers.

Plummer was also charged in connection with allegedly hindering the prosecution of someone driving while intoxicated, stealing emergency vehicle lights, attempting to mislead the sheriff regarding a stolen car investigation and making false declarations.

On Jan. 20, Missouri's Director of Public Safety issued an emergency suspension order for Plummer's peace officer license, which he needed to serve in his role as Dixon's marshal. The city placed Plummer on paid administrative leave, and a police lieutenant, Gary Brankel, became interim marshal.

Plummer, fighting the charges, rejected a plea deal. A trial was set for May 31.

Then, on April 5, there was a new development. The residents of Dixon re-elected Michael Plummer.

"It's an awkward situation for the town and for Mike," said Tommy Nichols, who lives just outside the city and teaches at Drury University's satellite campus in St. Robert.

In an interview with the News-Leader this week, James Thomas, Plummer's Waynesville-based attorney, described the charges against his client as "politically motivated."

Thomas said the emergency vehicle lights Plummer allegedly stole were surplus materials originally given to him without restrictions by the sheriff's office. Only later, Thomas said, did the sheriff's office say the lights were given to the city.

Thomas said five witnesses set to testify against Plummer, all of whom are current or former Dixon Police Department members (and at least one of whom was fired by Plummer), are doing so in return for immunity in connection with another incident.

Thomas described that incident as a prank in which members of the department moved an officer's vehicle several blocks away, and told the officer it had been stolen. Plummer was not involved in the prank, Thomas said, which was investigated as a vehicle theft.

"They got an ax to grind (with Plummer), and they're being used by the Pulaski prosecutor to eliminate Michael Plummer and his career," Thomas said.

A member of Pulaski County Prosecutor Kevin Hillman's staff said he was not commenting on Plummer's situation beyond a news release issued Monday.

Thomas and the state have both filed motions in limine — basically requests that the judge limit or prevent the opposing party from presenting certain evidence in court.

The state has asked the judge to prevent Thomas from discussing "allegations of domestic disturbance calls" concerning one potential witness, and "alleged exchange of flirting and photos of male and female genitalia" concerning a second. Thomas, meanwhile, has asked the judge to prevent the state from presenting testimony relating to "telephone texts" regarding oral sex and "allegations of missing money from the City of Dixon's inmate cigarette fund."

"Dixon, having a smaller budget and being a smaller community, doesn't necessarily get the best of the best," Thomas told the News-Leader Tuesday.

An April election, and supporters gather

Plummer filed to run for re-election a day before he lost his peace officer license in January. On April 5, four people were on the ballot for the marshal position. There were 342 votes in all. Plummer received 131 of them. Brankel tied Charlie McPeak as runner-up; both got 87 votes.

"I believe they (citizens) have spoken and they want to see me back in office," Plummer told television station KRCG.

Some residents say Plummer's victory wasn't a surprise at all, that you could have guessed the outcome from the campaign signs that had been placed around town. Other residents are like Robertson, who said he was "stunned" by Plummer's victory.

“I figured more people would be interested in voting this time, just for that fact of the indictments,” said Robertson, who added that he believes Plummer "doesn't respect the Constitution."

A day after the municipal election, supporters of Plummer turned out at a City Council meeting downtown. Those gathered argued that the people had spoken. Plummer had received the most votes, they said, and should be allowed to take office.

Plummer supporters like Delaney, a Dixon resident for two years, characterized the episode as "peaceful assembly." But Pulaski County Sheriff Ron Long would subsequently tell television station KY3 it was "basically a mini-riot in downtown Dixon."

Long told the News-Leader this week that his department had no deputies on scene for the meeting, but that they were requested afterward by the Dixon Police Department.

“After that meeting was over, there were numerous individuals outside," Long said. "Actually we had reports to where they were following council members, making threats, kind of civil unrest among some of them."

There was no property damage and no arrests related to the gathering, Long said. But patrols of Dixon by both the sheriff's department and highway patrol were stepped up.

A filing, and a meeting

On Monday morning, Prosecutor Hillman sued to keep Plummer from taking office.

In the court filing, Hillman said that because the marshal position requires a peace officer license, Plummer was "intruding into holding and usurping the office of City Marshal by attempting to be sworn in as Dixon City Marshal without the legal ability to make arrests or order others to make arrests, both of which are required duties of the Dixon City Marshall."

If Plummer was sworn in, Hillman said, the individual that did so would be committing a misdemeanor, and Plummer would be committing a felony.

“I did not take this action lightly, especially in light of the plurality victory in the recent election won by Mr. Plummer," Hillman said in a Monday news release. "However, I have a duty as the Prosecuting Attorney to the citizens of this County to uphold the law. Someone who does not have the proper qualifications under the law should not be allowed to assume a position of trust.”

“We would never allow a Circuit Judge who does not have a valid law license or a teacher without a proper teaching certificate to assume their duties, no matter the circumstances, and this is no different," Hillman said.

Hours after the filing, residents and law enforcement turned out in force for the council meeting. Most of those interviewed beforehand said they weren't sure what to expect.

“I’m here because Michael Plummer has not been convicted of anything yet,” said attendee Jim Anderson.

It didn't take long for city officials to make their determination. Plummer would not be sworn in.

“The City of Dixon is committed to following the letter of the law in all situations, and especially in this situation, when it comes to the head of the police force,” said Mayor Shawn Wethington.

City Attorney Brian Stumpe told the News-Leader that Plummer has 10 days to respond to the Monday filing by Hillman, and that the city is hopeful the judge's response will indicate in some way whether Plummer is qualified to be sworn in at the current time or not.

"We're kind of at a standstill," Stumpe said.