MacKenzie Elmer

melmer@dmreg.com

JEFFERSON CITY, Mo. – Some Missouri lawmakers remain unclear after a day of testimony about what training the state's water patrol currently receives and the experience level of officers safeguarding lakes.

Missouri lawmakers spent much of Wednesday listening to testimony about the state's water and highway patrols and whether the divisions in 2011 should have been merged.

The hearing, the first of four planned for this fall, was scheduled after the drowning death of an Iowan at the Lake of the Ozarks while in the custody of state trooper Anthony Piercy. Numerous questions have swirled around the death and whether the trooper had received appropriate training before patrolling lakes.

The hearing included contradictory testimony from two highway patrol members.

Sgt. Randy Henry testified that part-time marine enforcement troopers who work on the state's waterways need more consistent marine training and the practices in place have raised "red flags."

"Some officers were very nervous," said Henry, Piercy's supervisor. "You need to know how to read the wakes … It takes practice; it takes stick time; it takes experience. That has to be second nature to you. If it's not, you're going to get hurt."

However, Capt. Greg Kindle, who commands the troop that patrols the counties that include the Lake of the Ozarks, said all his officers assigned to the lake this summer were fully trained in marine enforcement.

"What (Henry) testified to is not correct. Previously, we did have part-time guys that I wanted to be able to get into boats and get out and help … but right now this summer, the only ones working the water are fully trained marine guys," Kindle said. "There's no temporary or part-time guys working the water."

Rep. Dianne Franklin, committee chairwoman, said she remained unclear about what training and experience is required of water patrol officers.

"Right now it's a little troubling. I do think there is definitely movement in Missouri State Highway Patrol in marine operations division to make some changes. It's kind of a moving target right now," she said.

Brandon Ellingson, 20, of Clive was handcuffed when he drowned May 31 in the Lake of the Ozarks. Piercy had arrested Ellingson on suspicion of drunken boating and was transporting Ellingson to shore when he fell into the water.

The life jacket placed over Ellingson's body on the patrol boat reportedly slipped off once he hit the water because his arms weren't through the jacket's arm holes, witnesses said. Piercy put Ellingson in the wrong type of life jacket, several news outlets have reported after reviewing the state's policies.

Piercy told Henry that he grabbed the first life jacket he saw after arresting Ellingson, according to Missouri State Highway Patrol documents obtained by The Des Moines Register in September.

Piercy also did not know how his own flotation device operated, Henry noted in a taped statement.

Piercy, a veteran road officer, testified during a coroner inquest in September that he didn't have enough water patrol training. Henry said Wednesday that these part-time officers serving on water patrol received "hodge-podge" training.

"We may go a week, skip a day or two then train again" in water patrol, Henry said. "It was inconsistent training."

Henry said the training requirements for those officers were sent to him in an email and were "very minimal."

Rep. Rocky Miller, who represents the area around Lake of the Ozarks, asked whether Henry initially supported the merger and whether he did now. Henry confidently said he did support the merger at the start; however, he took a long pause before answering the second part of the question.

"It's a topic that goes through ... me quite a bit. Some days I'd like to go back to the old water patrol but most days I think we need to continue on with what we're doing," Henry said. "There are a couple small changes that I think could be made."

Before the hearing began, Col. Ron Replogle who heads the highway patrol, shook Craig Ellingson's hand and offered condolences on Brandon's death to the family. Craig Ellingson is Brandon's father.

"This has been something I've been meaning to do for months now," Replogle said of offering his condolences.

Craig Ellingson later said that was the first time anyone from the Missouri patrol had said anything to him about Brandon's death.

Ellingson also said he was disappointed that Brandon's death wasn't mentioned during the hearing, which prompted the hearing.

The merger of the two patrol divisions saved about $3 million, Missouri officials have said.

"My son is worth way more than $3 million, and they didn't even mention him once," Ellingson said.