Brandon Ellingson of Clive, Iowa, drowned on the Lake of the Ozarks while in the custody of the Missouri Highway Patrol on May 31, 2014. To date, the criminal investigation into his death remains unresolved. While Grassley asked the U.S. Department of Justice to review the matter for violations of federal civil or criminal laws, few developments have emerged from the local investigation since a new special prosecutor was appointed in March.
“Whenever an individual’s death is alleged to have been caused by law enforcement officers, the matter deserves a prompt, thorough, fair, and independent investigation,” Grassley said in a letter today to Salem, Mo., City Attorney William Seay, the special prosecutor for the investigation.
In the letter, which was also sent to Attorney General Loretta Lynch, Grassley is asking for the investigation’s current status and expected timeline, as well as what efforts are being made to ensure transparency in the process.
Full text of Grassley’s letter follows:
September 2, 2015
VIA FACSIMILE AND U.S. MAIL
William C. Seay
City Attorney
City of Salem
400 N. Iron Street
Salem, MO 65560
Dear Mr. Seay,
I write to you in your capacity as special prosecutor in the matter of the death of my constituent, Brandon Ellingson, to inquire about the status of your investigation.
As you know, on May 31, 2014, Brandon, a 20-year-old college student from Clive, Iowa, drowned on the Lake of the Ozarks while in the custody of the Missouri State Highway Patrol (MSHP). News reports in the wake of this tragedy raised serious questions about the role that law enforcement officers may have played in his death. These questions include whether the officer involved was properly trained for water safety, whether he gave Brandon a floatation device that was appropriate for an individual in handcuffs, whether the speed of the police boat and Brandon’s positioning on the boat caused him to fall into the water, and whether all efforts were made to save his life afterward.
The U.S. Department of Justice is reviewing this matter for violations of federal civil or criminal laws at my request. However, the question of whether anyone should be held criminally liable for Brandon’s death is, in the first instance, a state or local matter. Accordingly, in September 2014, the Morgan County Coroner conducted an inquest into Brandon’s death. According to news reports, after less than eight minutes of deliberation, a jury concluded that his death was not a crime. Days later, the special prosecutor assigned to assist the coroner during the inquest announced that she would not pursue criminal charges.
However, in January 2015, the special prosecutor reopened the investigation when a witness came forward with additional information that, in her words, “put things in a different perspective.” A few months later, though, she requested that she be removed from the case after questions arose about her potential conflict of interest. At the time, according to media reports, she was “close to a decision” about whether to pursue criminal charges in the case. Moreover, she believed that it was “very important that a new prosecutor be appointed.”
Subsequently, on March 25, 2015, you were appointed to replace her as the special prosecutor. However, there have been no reports of new investigative activity since your appointment almost six months ago. Meanwhile, according to news reports in June, a whistleblower within the MSHP was demoted and relocated allegedly for criticizing the role of law enforcement in Brandon’s death.
Whenever an individual’s death is alleged to have been caused by law enforcement officers, the matter deserves a prompt, thorough, fair, and independent investigation. Accordingly, please answer the following questions by October 1, 2015:
1. What is the current status of the investigation into Brandon’s death?
2. Which, if any, law enforcement agencies are assisting in the investigation?
3. How long do you expect it will take to complete the investigation and for you to decide whether criminal charges are appropriate?
4. Once your investigation is complete, what steps, if any, will you take to provide meaningful transparency so that Brandon’s loved ones and the public at large will have confidence in both your investigative process and conclusions?
Please number your responses according to their corresponding questions. If you have any questions, please contact Tim Kelly of my Committee staff at (202) 224-5225.
Thank you.
Sincerely,
Charles E. Grassley
Chairman
