Theodosia man is charged with failing to register as sex offender and resisting arrest
Brian Cuthbertson, 50, of Theodosia, is being held in the Ozark County Jail on a $7,500 cash-only bond in connection with a case in which he’s charged with resisting/interfering with an arrest for a felony and failure to register as a sex offender. He was scheduled to be arraigned in the case on Tuesday. The results of that hearing was not available at presstime.
According to the probable cause statement filed in the case, prepared by Ozark County Sheriff’s Lt. Matt Rhoades, at 9 p.m. July 6, the officer was on duty and patrolling the Isabella area of Highway 160 when he saw a white Honda vehicle that he recognized as the one owned by Cuthbertson, a suspect the officer had been looking for in relation to an investigation for failing to register as a sex offender.
Rhoades wrote in the report that Cuthbertson is legally required to register as a sex offender in the county if he is at a residence inside the county for three consecutive days.
“I have personally witnessed him at a residence in Isabella 17 times in the past month where he is not registered. I have seen him there all hours of the day and night. Several other deputies have also witnessed him there at the same location at all times of the day and night. I have seen him at the location for the past 6 months and have had several anonymous tips from citizens regarding the suspect living at the location as far back as March 23,” Rhoades wrote in the report. “I questioned the suspect under Miranda, and he admitted to living at that location but never for more than 3 days in a row. He admitted to living at another location in Ozark County, where he is also not registered. He stated at one point he moved his travel trailer to the second location due to his wife having a restraining order against him at his home address for approximately 2 weeks.”
The Missouri State Highway Patrol’s online sex offender registry shows that Cuthbertson was convicted of attempted child molestation of a 4-year-old boy in Phoenix, Arizona, in 1994 for an incident that occurred in Pheonix in October 1991 when he was 18.
Rhoades says he allowed Cuthbertson to call a friend to pick up his car. The officer uncuffed the suspect in order to allow him to make the phone call.
“After he confirmed the car was being picked up, he proceeded to complain to his friend about going to jail. I told him that it was time to go. When I attempted to take the phone from him, he tried to jerk away from me. I took the phone, and he faced me, got in my face and told me I did not know who I was messing with, then pushed his chest out and put his hands out to the side,” Rhoades said. “From my training and experience, I recognized that this was him placing himself in a fighting stance. I grabbed the back of his neck with my right hand and pulled his head towards the ground to gain control of his upper body and to place him on the ground to his stomach. He attempted to get away from me and was unsuccessful. I got him on the ground on his stomach, and he continued to try to get his hands away from me to prevent me from re-handcuffing him. I forced his arms out from underneath him and behind his back. The entire time he tried to intimidate me by making vague threats...that I did [not] know who I was messing with, and how I was ‘finished.’ I then placed the cuffs back on him and double locked the cuffs after checking for the proper fit.”
Rhoades then transported Cuthbertson to the Ozark County Jail.