ST. LOUIS — A judge on Monday declined to hold ºüÀêÊÓƵ Circuit Attorney Kimberly M. Gardner in contempt of court but said her stressed, understaffed office allowed a murder case to “(fall) through the cracks†when a prosecutor went on leave.
Jonathon Jones, 18, was set to face trial last week on charges he shot and killed 29-year-old Brandon Scott near the Gateway Arch grounds in 2021, but no one from Gardner’s office showed up for the first day of trial. Judge Scott A. Millikan filed for Gardner’s office to show cause for why she should not be held in criminal contempt for the no-show and ordered to pay a fine or face jail time.
On Friday, Gardner filed a response blaming the attorney assigned to the case, Alex Polta, for not communicating with the office while he was on approved leave. Polta told the office before he left that he had no trials set to begin while he was away.
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But Millikan on Monday said the office should have covered his docket or at least communicated with the judge or defense attorney about the case.
“I understand the office is under a lot of stress,†Millikan said. “But at the end of the day, it is, I think, Ms. Gardner’s responsibility to make sure people are doing what they’re supposed to do.â€
Gardner’s office has struggled for years with understaffing, but the issue has become especially dire in recent weeks. Multiple prosecutors handling high-profile cases have resigned, leaving just a handful of prosecutors to handle hundreds of serious felony cases. Hearings and trials are regularly delayed, and cases have repeatedly been dismissed and refiled because prosecutors aren’t ready to proceed.
Gardner is facing a lawsuit from Missouri Attorney General Andrew Bailey that seeks her removal from office and a bill from the Missouri Legislature that would strip her of most of her power.
But on Monday, attention was fixed on Jones, who was charged in September 2022 alongside Mark Perry, 37, in the fatal shooting.
Scott was found Sept. 6, 2021, in the driver’s seat of a blue Dodge Charger on steps leading up to the arch grounds, according to court documents. Police found two different types of bullet casings at the scene.
Scott’s family said he had just returned to ºüÀêÊÓƵ from a commercial driver’s license program when he was killed. His girlfriend was pregnant at the time with a son who is now 2.
Polta, the prosecutor who had been assigned the case, appeared Monday before Millikan, arguing he had been sick since he went on leave in early April. He said he tried to notify everyone of his upcoming cases, but there was confusion.
He also said it would typically be the chief trial assistant’s job to make sure all hearings and trials are covered. That position has remained vacant since last month when after roughly a year on the job. There was “no excuse†for the office’s absence, he said.
“There is nothing more important than showing up for court on time,†Polta said.
Gardner did not appear for the hearing, but her attorney, Michael Downey, apologized to the court.
“We are not looking for a fight,†he said. “We are not looking to cause trouble.â€
Ultimately, Millikan said he would not find Gardner in contempt, noting it was a high legal burden to meet.
He also considered a request from Jones’ attorney, Cecilia Appleberry, to dismiss the case altogether. In December, she filed to invoke Jones’ right to a “speedy trial,†which in Missouri requires him to face trial within 120 days of his arraignment. That date is set to expire April 26.
She also asked for Jones to be released on bond.
Millikan denied both requests, saying he feared that dismissing the case would prompt prosecutors to refile it, which would push a trial back even further.
Instead, he set a new trial date for June 5.
Outside the courthouse, Scott’s family spoke to a group of reporters, saying they were frustrated their loved one’s case has gained attention and outrage only because of the failings of the Circuit Attorney’s Office.
Scott’s mother said Gardner should not be in office. His sister, April Scott, said she just wanted justice for her brother.
“We just want to focus on the case at hand,†she said.
Later Monday, a second judge when another of her prosecutors missed a hearing in an assault case.