Cook to stand trial; Fish's case under advisement

BLOOMFIELD, Mo. -- A Scott County judge will rule later on whether Stoddard County Sheriff Steve Fish should stand trial for stealing, while Chief Deputy Rick Cook was ordered to stand trial on the same charge.

Both Fish and Cook appeared Friday morning before Associate Circuit Judge David Mann for separate preliminary hearings on the Class C felony of theft/stealing (more than $500, but fewer than $25,000).

Mann took the case against Fish under advisement after hearing the evidence presented by the state, according to Division II court personnel.

Fish

Sikeston attorney James Robison, who was appointed special prosecutor in the case, and Fish's attorney, Stephen Taylor of Sikeston, reportedly were given time to submit briefs to Mann before he issues his ruling.

After hearing the evidence presented in Cook's case, Mann found sufficient evidence to bind Cook over to Division I to stand trial on the stealing charge.

Mann ordered Cook to appear Sept. 15 before Presiding Circuit Judge Stephen Sharp for arraignment.

The charges were the result of a investigation conducted by Robison. He had been appointed by the court to look into allegations of misuse of funds at the Stoddard County Sheriff's Department.

After Robison filed charges on June 2, Associate Circuit Judge Joe Satterfield recused himself and the cases were sent to the Missouri Supreme Court for the appointment of a new judge. About two weeks later, Mann was assigned to hear the cases.

During the officers' July 8 arraignment, Mann reportedly issued a gag order, preventing the parties involved from discussing the cases.

The complaint on file with the court against Fish alleges that on Feb. 25, Fish "appropriated cash or property of a value of at least $750 by deceit in that he purported to sell a 2000 model Ford Crown Victoria," owned by Stoddard County, for the total price of $1,500, while reporting to the county that the sale was for the sum of $133.30, and he "appropriated $1,366.70 of said sale price to his own use, without the consent" of the county, and with the purpose to deprive the county.

The complaint against Cook alleges that between January 2001 and June 2003 he "appropriated cash or property of a value of at least $750 by deceit in that he filed false affidavits of service in the office of sheriff of Stoddard County, by which he falsely represented that he had served various documents which had in reality been served by other members of the staff of (the sheriff's department), but for which (he) claimed mileage expenses for the use of his automobile, and that by the use of that scheme (he) appropriated approximately $1,352.72 of funds belonging" to Stoddard County, and he did so with the intent to "wrongfully deprive the county of said funds."