By MICHELLE
FRIEDRICH
Associate Editor
Poplar Bluff's street superintendent, who has been suspended for nearly three months, was ordered to stand trial Monday afternoon on a charge he exhibited a shotgun in a threatening manner in front of another employee.
Accompanied by his attorney, Danny Moore, Denis Dean Kearbey appeared before Associate Circuit Judge John Bloodworth for a preliminary hearing on the Class E felony of unlawful use of a weapon.
After hearing from two witnesses, including Kearbey's alleged victim, Bloodworth found sufficient evidence to order the 53-year-old resident of the 1700 block of Old Orchard Road to stand trial.
Bloodworth ordered Kearbey appear Dec. 27 before Presiding Circuit Judge Michael Pritchett for arraignment on the charge.
The state's only witness was Regina Gray, who testified regarding a Sept. 12 incident, which occurred at the street department's office on Johnson Drive.
Although Gray was contacted after 3 p.m. by officers, the incident, she said, had occurred earlier in the day.
"I saw him earlier that morning; we were just all there in the office," Gray said. "They were just getting ready to go to work.
"That morning, I was in the back room fixing my breakfast."
Kearbey, according to Gray's testimony, came into the front part of the office and "jacked a gun ... and asked me if I was scared."
Gray described the weapon as a sawed-off shotgun and further explained "jacked" meant loading the shells.
Kearbey, she said, pumped the shotgun several times. The witness also alleged Kearbey asked: "'Did I put the fear of God in you?'"
Gray answered yes when Butler County Assistant Prosecuting Attorney Bill Gresham asked whether Kearbey had the gun in his hands at the time he made the alleged statements.
On cross-examination, Moore asked Gray whether she had ever brought a firearm to her place of employment.
"Not in the office," Gray replied.
The incident, according to Gray, occurred at about 6:30 a.m. while Jody Hessling, who is the assistant street superintendent, was also in the office.
Kearbey was standing next to Hessling, said Gray, who indicated she did not hear Hessling "right at first."
"When I stepped around the corner (from the back room), Denis waved the weapon ...," Gray said.
Moore asked whether his client had made any threats.
"He waved it around when I came through the door," Gray said. "He (brought) the gun around; I stuck (leaned) my head back. He said: 'It isn't loaded' and asked if I was scared."
Gray denied asking Hessling for help and admitted she didn't call the police department until about 9:30 a.m., indicating she waited because Kearbey was in the office. Kearbey, she said, was in and out of the office that day.
"Denis is my boss; I can't tell what he did while he's in the building," she said. "I had people in the office."
When Gray did call police, she said, she reported Kearbey had brought a gun in, made threatening gestures and asked if she was scared and whether he had put the fear of God in her.
Gray confirmed she saw Kearbey later in the day and did not tell him she had called authorities.
"Did you tell anyone you were scared?" Moore asked.
Gray said she told officers.
"You did not tell police that he pointed the gun," Moore said.
Gray reiterated Kearbey had "waved the gun."
Gray said she spoke with deputy chief Donnie Trout that morning, and he told her to come by later and fill out a report.
The only other person, Gray said, she told about what had happened was the city's groundskeeper.
"I told her what happened that morning and that I had called the police," said Gray, who subsequently answered yes when Gresham asked if she had been scared by Kearbey's alleged actions.
The defense called Hessling, who indicated he had gone to school with Kearbey, to testify.
On Sept. 12, Hessling said, he and Kearbey had come in early because an asphalt job had been rescheduled for that day.
Gray, he said, came in around 6:10 a.m. as opposed to her usual 7 a.m.
A crew, Hessling said, was sent out at about 5:45 a.m., and he subsequently left to check on the crew. Kearbey, he said, also left in his truck.
Hessling said they returned to the street department at about 7 a.m.
Kearbey, he said, had a new shotgun, which he had brought in to work.
While standing near the file cabinet, Hessling said, Kearbey was showing him the weapon.
Gray, he said, walked by and sat at her desk, with her back to Kearbey.
"Denis shows me this gun," said Hessling, who described it as a "pretty neat gun."
"He wanted me to look at it; I took a look at it and (gave) it back to him," Hessling said.
Hessling said it used to be common for employees to bring guns to work to sell or trade.
Kearbey, he said, was talking to Gray about being a liberal and something was said about "being scared. She was ignoring him."
Although Hessling said he didn't hear everything that was said, he answered no when Moore asked whether Kearbey's actions with the gun were in a threatening or an angry manner or were rude.
"Did Denis raise his voice at all?" Moore asked.
No, Hessling replied.
Gray, Hessling said, didn't say anything.
"Regina had her back to Denis," said Hessling, who indicated he and Kearbey subsequently left and went to the landfill to shoot the gun, returning about 15 minutes later at about 7:30 a.m.
Moore pointed out to the court the statute his client is charged with is "not subjective; it's objective."
An "independent witness," according to Moore, testified Kearbey's actions were not in a threatening manner.
Gresham disagreed.
"The defense's own witness said Mr. Kearbey had a weapon in the office and waved it around," Gresham said. "Mrs. Gray, she certainly was scared to death.
"He asked if she was scared and had the fear of God. In these days and time, there is a zero tolerance for workplace violence."
Gresham said Gray "felt threatened" by her boss' actions.
"That's not the standard," Moore said. "It's not subjective;" it's whether there were threats.
Moore reiterated Gray was never threatened, and the "independent witness" testified Kearbey was not angry.
Saying something about liberals being more scared, "that's not a felony," Moore said.
Gresham disagreed.
"He turned around with the weapon in her direction," Gresham said. "Whether it was loaded or not, she did not know. ...(Gray) or any person would see that as a reasonable threat."
As Bloodworth made his ruling he cited Kearbey's role as Gray's boss.
"I think hearing 'Are you scared?' and 'fear of God,' is threatening," said Bloodworth, who ruled the state had met its burden with enough evidence to advance the case for trial.