Report released on investigation, dismissal of deputy

More details emerge in the firing of a Madison County deputy with a complaint that alleges he questioned a minor without a juvenile officer present and mistreated her during the interview.

According to a Missouri State Highway Patrol Division of Drug and Crime Control incident report, ex-deputy James Millstead allegedly questioned an unnamed 14-year-old female juvenile on Dec. 6, 2013, without a juvenile officer present and used non-approved interrogation techniques during that interview.

The parents of the juvenile reported to authorities that during questioning the deputy handcuffed the girl too tightly, pulled her hair, pushed her down, cursed her and touched her inappropriately.

Upon learning of the incident, Madison County Sheriff Bob Spain requested the Troop E DDCC unit investigate. The results of the investigation are now in the hands of the prosecuting attorney’s office. It is not clear if criminal charges are forthcoming.

The sheriff says a policy violation of this magnitude is grounds for termination, regardless of any forthcoming criminal charges.  

In Missouri, a juvenile officer must be present during questioning.

“When a child is taken into custody with or without warrant for an offense, the child, together with any information concerning the child and the personal property found in the child’s possession, shall be taken immediately and directly before the juvenile court or delivered to the juvenile officer or person acting for him,” states revised statutes of Missouri (RSMO) section 211.061.1.

Violation of RSMO section 211 is a class A misdemeanor according to Missouri statute. “Any person seventeen years of age or over who willfully violates, neglects or refuses to obey or perform any lawful order of the court, or who violates any provision of this chapter is guilty of a class A misdemeanor,” is stated in RSMO 211.431.

Pat Pratt is a reporter for the Daily Journal and can be reached at 573-518-3616 or ppratt@dailyjournalonline.com