Staff Reports
A voluntary manslaughter charge was dismissed Monday afternoon during a preliminary hearing for a Bunker, Mo., woman, while her husband will stand trial for a similar charge in the beating death of a Brick's Off-Road Park patron.
After hearing four witnesses and arguments from the state and attorneys, Associate Circuit Judge John Bloodworth found sufficient evidence to order Rickey Brunelle Holt to stand trial for the Class B Felony of voluntary manslaughter, but dismissed the same charge against his wife, Brenda Michelle Holt, 41.
Bloodworth ordered Rickey Holt, 40, to appear Dec. 18 before Presiding Circuit Judge Michael Pritchett for arraignment on the charge.
The Holts both were charged in the death of 41-year-old Joe Girard of Oak Ridge, Mo., who died June 9 following a fight at Brick's Off-Road Park.
The couple appeared with their attorneys for a combined preliminary hearing with John Rogers representing Brenda Holt and Scott Rosenblum representing Rickey Holt.
Assistant Prosecuting Attorney Paul Oesterreicher asked his first witness, Russell Morris, how long he knew the Holts, to which Morris replied, "On and off for years, since grade school."
Morris testified on June 9 he and a friend, Wade Hampton, were at Brick's for the Trucks Gone Wild event and were "fixin' to bar-be-que" when the Holts' 12-year-old son ran into his camp area being chased by man, later identified as Girard. Morris said he got between the 12-year-old and Girard, who appeared to be intoxicated.
Girard threw a chair, Morris said, and Hampton punched Girard, knocking him to the ground. Hampton punched Girard a second time and told Girard he had hit a 12-year-old.
When Rickey Holt arrived, Morris testified, he asked who hit his son then hit Girard three to five times. Brenda Holt then arrived and slapped Girard, who kicked Brenda Holt, knocking her out of her shoe before she kicked him. Rickey Holt began hitting Girard again.
In all, Morris said, Rickey Holt hit Girard a total of 10 to 20 times the entire time.
When asked if anyone other than the Holts or Hampton punched Girard, Morris said, "Not that I saw."
Morris said when security showed up, Girard's friends helped place him on the tailgate of a truck, but Girard rolled off and landed on the ground.
Asked if Girard put up a fight, Morris said, "He threw his hands up. ... And he kicked Brenda."
Rogers asked if Girard stopped when Morris got between Girard and the 12-year-old, to which Morris said no.
When asked by Rosenblum to describe Girard's size, Morris said, "300 pounds" and later said Girard was wearing shorts and flip-flops.
Morris testified the Holt's son was helping someone fuel up a dirt bike, and it appeared Girard was going after the guy on the dirt bike, but instead hit the 12-year-old.
"He knocked the boy to the ground," Morris said.
Morris also testified he tapped Hampton on the shoulder and said Girard had had enough.
"I knew that Rickey was coming," said Morris, who testified he told the 12-year-old to get his parents.
Morris testified he didn't see Holt jump on Girard, but did jump between people as he was restrained by others to "get back at him" after Brenda Holt was kicked.
When asked by Rosenblum if Girard was conscience and still talking after the altercation, Morris said yes and that Girard needed help to get up. When asked to describe how Girard fell off the truck tailgate, Morris said feet first, butt then head.
Hampton then testified he saw a guy chasing a "little kid" screaming, "help me, help me."
Hampton said he "knew of them" referring to the Holts and that the man, Girard, threw a chair. He said he hit Girard in the head.
"I think twice," Hampton said. "He was down. Russell tapped me on the shoulder."
Hampton then testified he saw Rickey Holt put Girard in a headlock and hit him in the face.
Rosenblum asked Hampton if he were charged with anything, which he was not.
Dr. Russell Deidiker, a forensic pathologist who performed an autopsy on Girard, testified the cause of death was asphyxiation. Girard's voice box, his hyoid bone and larynx, were fractured, which affected his ability to breathe. Girard also suffered several broken ribs.
Rogers asked Deidiker if someone were to hit Girard with an open-hand slap and kick him in the head without a shoe, would that cause the fatal injury. Deidiker said that hypothetically speaking, that would not be fatal.
Rosenblum questioned Deidiker about the timing of Girard's injuries, specifically if bruises could have been from earlier in the day, and if blows to Girard's head were the cause of death.
"No," Deidiker said. "Not in this case."
On redirect, Oesterreicher asked if Girard would have been able to speak with his injuries. Earlier Morris testified Girard was "talking some crazy language" while on the ground.
"I think it would be very difficult," Deidiker said. "I suppose anything is possible, it's possible."
Butler County Investigator Brandon Lowe testified on the night of June 9 he was dispatched to the hospital, where Girard was pronounced dead. Girard's eyes were swollen shut, and the majority of his face was swollen.
Upon arriving at Brick's, Lowe testified he met with both Brenda and Rickey Holt in a room together. He interviewed Rickey Holt first, reading him Miranda rights before starting.
Lowe said Rickey Holt told him that his son was hit by another man and that he, "said he blacked out and assaulted Mr. Girard" and that the victim never fought back.
The interview, Lowe testified, was not recorded, but his interview with Brenda Holt at the Butler County Sheriff Department was recorded by audio and video after reading Holt of her rights.
When told of his rights at the Sheriff's office, Rickey Holt invoked his right to council.
On cross-examination, Lowe said when he arrived at Brick's he did not know if Rickey Holt was the main suspect other than the Brick's staff "told me he was" a suspect.
Rogers and Rosenblum both argued the state didn't meet its burden for voluntary manslaughter for the Holts.
Oesterreicher said Mrs. Holt "aided and encouraged" Mr. Holt, and he went back and continued to assault the victim after Mrs. Holt got involved.
Rogers called that "preposterous," pointing out Girard assaulted Mrs. Holt to the point of knocking off her shoe.