Jailed every night over a zoning infraction, Seth Reynolds this week asked the court to let him serve home detention temporarily because of the coronavirus.

In response, Boone County attorney C.J. Dykhouse wants to have him jailed 24/7.

Reynolds is incarcerated overnight daily in defiance of an order to demolish his fence and shed, which Circuit Judge Jodie Asel found violated local zoning laws.

Reynolds has already served more than 300 days for the non-criminal offense. He is concerned with spreading the virus to other detainees and jail staff, as well as contracting it himself.

Others in the community are concerned over the county's actions in forcing him to travel in and out of the facility. A former circuit judge and a local attorney have asked the county to release Reynolds until the pandemic subsides.

Dykhouse is adamant Reynolds be jailed over the non-criminal offense of defying Asel’s shed and fence removal order. He did not respond to a phone call to his office or an email seeking comment.

In a motion filed Thursday, he asked Asel to consider jailing Reynolds around the clock until the stay-at-home order is rescinded.

"Defendant has testified in this matter that he is self-employed at his Eye Candy shop, a smoke shop in downtown Columbia," Dykhouse wrote in the motion. "This shop is not an essential business and, therefore, must be closed for the duration of the stay-at-home order."

Reynolds’ attorney, Steve Wyse, alleged the matter is a personal vendetta on the part of Dykhouse. In the past, the county attorney has said jailing Reynolds would send a message to residents not to test zoning enforcement.

"This is probably the most outrageous and vindictive government action I have ever seen," Wyse said.

Wyse filed a motion seeking temporary home detention in the matter on Wednesday and cited how corrections facilities across the country are releasing low-level offenders in response to the pandemic.

The jail has halted visitations and all civilian entry, with the exception of essential personnel.

Presiding county commissioner Dan Atwill has not returned calls or emails seeking comment.

The courts are operating on restrictions in an effort not to endanger the public or staff, so there is no timeline for Asel to issue a ruling on the opposing motions.

ppratt@columbiatribune.com

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