AHC Case History on Fugitive Incident

I came across an older case which was decided by the Administrative Hearing Commission (AHC) in 2000. I became interested when I learned that the case involved the use of a weapon while performing fugitive recovery work. The agent involved, Michael Keethler, had his license renewal refused by the AHC for gross negligence involving his work as a bondsman. According to a report published by the Columbia Daily Tribune and the decision of the AHC, Keethler went to the residence of Larry W. Creason in order to revoke his bond. Keethler and another agent blocked the car that Creason was in and tried to take him into custody. Creason escaped on foot. The reports stated that Keethler fired a warning shot and then fired two other shots, one of which grazed Creason on the head. The police were summoned and Keethler was arrested for armed criminal action, first-degree assault, and unlawful use of a weapon and released on a $45,000 bond. Keethler later pleaded guilty to misdemeanor assault with injury and was placed on two years probation. The DIFP refused to renew his license citing that Keethler had committed incompetency, gross negligence, or misconduct in the performance of his duties as a bondsman in violation of RSMO 374.755(5). Keethler filed a complaint with the AHC against the department’s action. The commission ruled that Keethler had not committed misconduct by having the weapon with him. The commission said, “We recognize that Keethler had reason to believe that Creason could be armed and dangerous. For that reason, we do not believe that Keethler committed the act with a wrongful intention, which would be misconduct.” The AHC also said, “However, there was no evidence that Creason actually was armed, and he was running away at the time Keethler shot him. Keethler fired the shots in a trailer park while a number of people were at the scene. Such actions were reckless and demonstrate a conscious indifference to professional duty. We conclude that Keethler’s conduct was gross negligence, but we find the evidence insufficient to demonstrate incompetency or misconduct.”

When the AHC rendered its decision on Keethler, it published the following definitions:

Incompetency-either a licensee’s general lack of present ability, or a lack of disposition to use his otherwise sufficient present ability, to perform a given duty.
Misconduct-the willful doing of an act with a wrongful intention.
Gross negligence-an act or course of conduct which demonstrates a conscious indifference to a professional duty, and that indifference constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.

Incidentally, Larry W. Creason was arrested earlier this week after a long pursuit in Boone County involving a helicopter. Creason was charged with possession of meth paraphernalia, possession of meth chemicals, and resisting arrest. His bond was listed at $50,500 and he was later released on bond.