Man on probation for domestic assault sent to DOC for probation violation


Charles Simpson

Charles J. Simpson had his probation revoked when he appeared before Judge Craig Carter during the Dec. 4 Ozark County Law Day.

He appeared for a probation violation hearing on Nov. 25. Because Simpson could not afford an attorney, Public Defender Chase Opolka was appointed to defend him. The hearing was rescheduled to 9 a.m. Dec. 4 and Simpson was remanded into custody of the Ozark County Sheriff’s Department until his hearing. 

During his Dec. 4 appearance, Simpson waived the hearing and admitted his probation violation by failing to report to his probation officer as ordered. Simpson’s probation was revoked and his initial sentences of 4 and 5 years SES at the Missouri Department of Corrections were executed. He will be given credit for time served. An SES, or suspended execution of sentence, means a defendant will be sentenced to a prison term but will be placed on probation and will not go to prison unless they violate the terms of that probation.

Opolka initially asked that his client’s probation be continued because he is the one who “provides support for his family” by working as a self-employed carpenter and that he attends church services on a regular basis. Opolka also informed the court that Simpson has some limitations in his inability to understand certain things and he didn’t understand some of the probation requirements at the time he was put on probation. 

“But now he absolutely says he will” follow the requirements, said Opolka.

Prosecuting attorney Pipkin recommended revocation of Simpson’s probation because “he did not avail himself of the chances to succeed.”

Pipkin also informed the court that Simpson had also violated his probation several times by possessing alcohol, refusing to provide a urine sample and failure to report change of residence. Pipkin also said that Simpson had laughed at his probation officer during the meetings he did attend when she attempted to help him. 

According to Pipkin, when Simpson was arrested the officer reported that he smelled alcohol and refused to provide a urine sample at the time of his arrest. Pipkin said additional charges are set to be filed against Simpson.

Simpson was originally charged with third degree domestic assault stemming from an incident on July 15, 2022.

According to the probable cause statement filed at the time and prepared by Ozark County Deputy Jeff Lane, the officer was dispatched to a residence on KK Highway in Pottersville at 1:37 a.m. July 15. 

When he arrived, Lane spoke with a woman who said Simpson hit her in the face with a Bible, squeezed her arm and drug her across the floor, breaking glass along the way. 

Lane noticed that the woman had redness and swelling on her face and around her right arm and a mark on her neck. 

“Mr. Simpson was sitting in a recliner. When asked what had happened between him and [the woman]…he replied he was trying to read her the word from his Bible, and she would not listen. When asked if he struck [the woman], Mr. Simpson said yes,” the report says. 

Lane informed Simpson that he was under arrest for the incident, and Simpson told the officer he would not go with him. When Lane attempted to place him in handcuffs, Simpson  reportedly became non-compliant. 

“After a brief altercation Mr. Simpson was placed in a vehicle and transported to the Ozark County Jail for a 24-hour hold with charges pending,” the report says. 

At the time, Simpson was charged with second-degree domestic assault and resisting arrest in connection with the incident. The prosecutor noted that Simpson was a prior domestic violence offender due to a 2021 domestic assault conviction for an incident occurring June 20, 2020.

He pleaded guilty by way of Alford plea in February 2021 to that charge of second degree domestic assault.

Ozark County Times

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