Prosecution Sets the Scene in Day 2 of Head Murder Trial

Prosecution Sets the Scene in Day 2 of Head Murder Trial

By Mike Scott

The second day of the Glenn Head murder trial, held in Moberly, was a day of setting the scene for the fatal confrontation between Head and Bill Bacon, who was shot on December 11, 2012, following a long-time property dispute.  Head alleges he shot Bacon in self-defense.

Trooper Kelly Hoover was the day’s first witness for the prosecution.  Hoover testified that when she arrived at the scene of the shooting, she saw Trooper Craig Reichert standing with Glenn Head, and saw Sheriff Mike Kite with Bill Bacon.

She was instructed by Trooper Reichert to stay in his car with Glenn Head.  Several times Head complained of a headache, and each time she offered to get medical help.  Head held his hands on his head, but Hoover could not determine where on his head his hands were holding, as his hands had been placed in bags to secure any gunshot residue evidence.

Two Division of Drug and Crime Control officers arrived, and according to Hoover, Head questioned what they were doing.  She informed him they were processing the scene.

At least twice in the car, Head asked if Bacon was dead, according to Hoover’s testimony.  Later, under cross examination by James, Hoover confirmed that Head had actually asked in Bacon was “still alive.”

While waiting the patrol car, both Hoover and Head heard a radio call asking where the suspect would be taken, and Head asked if he was a suspect.  After received Hoover’s positive response, Head said, “I did what I had to do,” according to Hoover’s testimony.

Under cross-examination, James asked if Head had stated that Knox County Prosecutor Jo Fortney had warned him about Bacon making threats.

Trooper Craig Reichert was the next witness.  Reichert arrived on the scene immediately after Sheriff Mike Kite, and saw several people standing around a tractor. Head called to them that they needed to help Bacon.

When Kite went to Bacon, Reichert asked the group who the shooter was, and Head said “I am”.  Reichert secured the weapon, a Smith and Wesson .38 caliber revolver, which was then located in a toolbox on the tractor Head was driving.  Two shots had been fired from the gun, with three rounds remaining.

Several photos of the scene were introduced into evidence, with Reichert identifying items in the photos.

The day’s longest controversy surrounded a possible injury to Head.  Head had stated he was struck by Bacon in the head.

According to Reichert’s report, Head reported being injured on “top right side above his temple”.  Reichert stated many times that it was the right side from his perspective, or Head’s left side, which he examined.

Reichert was also asked by defense counsel James about recorded statements made by Head which were not in his report, including the warning by Fortney.

James also asked about a possible struggle for control of the revolver.  James introduced a photo of a cut on Head’s hand, and asked if the struggle could have done that.  Reichert said it was possible, but in his re-direct, Asst. AG Anderson asked if “1000 different things” around farm machinery could also account for a cut on the hand.

Reichert later transported Head to the Adair County Sheriff’s Office for booking.

Much of the afternoon testimony revolved around an incident on November 10, 2012, opening day of deer season, when two Conservation Agents were called to the disputed property with a complaint of trespassers.  According to Benny Pryor, District Supervisor for the Dept. of Conservation, they first responded to the Bacon home, and then went to the location, where a dispute occurred.  Pryor testified that at one point, both Bacon and Head were advancing toward each other, they met and were facing off when he put his hand on Bacon’s shoulder and pulled him away, while issuing loud verbal commands.

Three deer hunters also testified about the events of that day.  All claimed that Bacon had made the property boundaries very clear, and that none of them trespassed onto the Head or Roper properties.  When three shot deer ran unto the Roper property, the hunters contacted Bacon to assist them in retrieving the deer.

“He (Bacon) was clear about not going over the line, and if something runs over there, come to the house and we’ll get the game wardens involved,” testified Joe Svboda of Washington, MO, who has hunted the Bacon land for 12 years.

Bacon arrived, and blocked the exit with a tractor and trailer, and would not allow anyone to leave until law enforcement arrived.

When Bacon arrived, Svboda reported Head “started growling like a wrestler” and thumping his chest.

A second hunter, Craig Morelock, of Franklin County, MO, testified that Bacon had told him he had told Roper and Head “100 times” not to drive down there during deer season.

A third hunter, Michael Lelys of Springfield, IL, testified that Bacon was always serious about not trespassing, and that he was 50-70 yards away from Roper’s property when he shot the deer, which the ran onto the Roper property.

Lelys also testified that Roper had previously threatened to shoot him if he was caught trespassing, during an incident a couple years earlier.

Lelys also stated that a man he believed to be Head threatened to “kick his ass” during this incident.

Lelys was issued a citation for shooting three deer, when he had only two permits.  He said he thought he missed the first, but paid his fine.

Other testimony for the day included EMT Brian Dooley and then-dispatcher Phillip Spory.  Spory recounted the events of the day up to the shooting, including the calls to the Sheriff’s Officer prior to and after the shooting, and Dooley recounted that he responded to the scene from his home when he heard the call.