Poplar Bluff's street department superintendent is free on bond after turning himself in Thursday afternoon on a warrant charging him with exhibiting a shotgun in a threatening manner in front of another employee.
Denis Dean Kearbey, 53, of the 1700 block of Old Orchard Road was booked at the Butler County jail at 3:59 p.m. and subsequently was released at 4:34 p.m. after posting a $25,000 cash or surety bond, according to personnel with the Butler County Sheriff's Department.
Earlier in the afternoon, Kearbey had been charged with Class E felony of unlawful use of a weapon by Butler County Prosecuting Attorney Kevin Barbour.
The complaint filed with the court alleges on Tuesday Kearbey "knowingly exhibited, in the presence of one or more persons, a short-barrel shotgun, a weapon readily capable of lethal use, in an angry or threatening manner."
In issuing the warrant for Kearbey's arrest, and at the request of Barbour, Associate Circuit Judge John Bloodworth set two bond conditions -- no contact with the victim and do not go on any city property.
"(Kearbey) is currently suspended with pay until the investigation is over, and we go through everything," said City Manager Mark Massingham, who indicated Kearbey was suspended on Wednesday.
The charge stems from a Tuesday incident investigated by the Missouri State Highway Patrol's Division of Drug and Crime Control, which had been requested to do a special investigation by Poplar Bluff Police Chief Danny Whiteley.
"I notified city manager Mark Massingham and city attorney Mark Richardson of my request and both said: 'we concur,'" said Whiteley, who indicated it is normal operating procedure "anytime we have any potential conflict of interest" to "always" request an outside state or federal agency take over the investigation.
According to Trooper Matthew Foster's probable-cause affidavit, he and Trooper Shannon Sitton responded at 3:20 p.m. Tuesday to the street department in reference to an alleged disturbance involving a weapon, which had occurred at about 6:30 a.m.
"The clerk, Regina Gray, stated that Poplar Bluff City Street Superintendent, Denis D. Kearbey, brought a black in color, pump action, short-barrel shotgun into the office where she was working," Foster wrote. "Mr. Kearbey pumped the shotgun multiple times and asked Mrs. Gray if she was scared."
Gray, Foster said, told the troopers she was "terrified, but didn't tell Mr. Kearbey. Mrs. Gray stated, at one point, Mr. Kearbey was waving the gun around."
Foster said he, Sitton and Trooper Emily Westmoreland went to Kearbey's Old Orchard home, where they contacted Kearbey.
"When asked, Mr. Kearbey stated he did not take a firearm into the office," Foster said.
Kearbey, Foster said, gave them verbal consent to search his city-owned vehicle.
Foster said a Ruger 10/22 rifle with a suppressor was found inside.
"Mr. Kearbey stated the City of Poplar Bluff purchased the suppressor for him to shoot groundhogs with, but (he) was unable to provide any documentation," Foster said.
A request to search Kearbey's home for the pump-action, short-barrel shotgun, Foster said, was denied.
At that point, Foster said, Westmoreland arrested Kearbey on suspicion of unlawful use of a weapon and transported him to the Butler County jail.
Foster said he applied for and was granted a search warrant for Kearbey's home.
"Inside the residence, underneath the master bedroom bed, I located a Remington 870, black in color, pump action, short-barrel shotgun, with a pistol grip," said Foster, who indicated the shotgun was seized as evidence.
After leaving the residence, Foster said, he and Sitton went to the jail to interview Kearbey.
After being told of his rights, Foster said, Kearbey signed a written waiver.
"Mr. Kearbey stated he did take the firearm into the office and was teasing Mrs. Gray about being a liberal," Foster said. "(He) stated he pumped the shotgun, but never threatened anybody with it."
Kearbey subsequently was booked at the Butler County jail and released pending review of the case by the prosecuting attorney.
At press time today, no date had been set for Kearbey to appear before Bloodworth on the charge.
According to Casenet, Poplar Bluff attorney Danny Moore entered an appearance on Kearbey's behalf on Thursday.