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The Examiner — Daily Newspaper of Eastern Jackson County Missouri

Posted July 10, 2000

The parents of Jake Robel are suing the sheriff of Carroll County and unnamed deputy sheriffs to "hold the sheriff and his employees responsible for their son's death as a result of the unlawful release of defendant Kim Davis," said Steven White, the attorney for Greg and Christy Robel of Independence.

The lawsuit was filed the afternoon of June 26, 2000 in Jackson County Missouri Circuit Court. It has not yet been placed on a docket for trial.

The Robels allege that Carroll County Sheriff Joe Arnold and deputies breached their duties by releasing Davis from custody in the Carroll County Jail on Feb. 22 when there was at least one outstanding warrant for his arrest.

As a result, the unlawful release "directly caused, or combined with the acts of defendant Davis to cause the death of plaintiffs' " son, the parents claim.

Arnold's attorney, David Baker, received a copy of the lawsuit petition this morning.

"I am presently studying it, and we will vigorously defend Sheriff Arnold in this lawsuit," Baker said.

The same day of Davis's release, 6-year-old Jake was dragged to death, dangling from his mother's sport utility vehicle.

Davis allegedly stole the vehicle from the parking lot of Mr. Goodcents Pasta & Subs, 3010 S. Missouri 291, in Independence.

Christy Robel tried to free Jake from the back seat as the vehicle pulled away, but he became tangled in the seat belt.

Davis, who is in jail awaiting trial on first-degree murder charges, was also named in the suit.

In March, two area women put together a draft of "Jake's Law," which would require Missouri law enforcement agencies to conduct outstanding warrant checks on inmates before their release. The proposed law, however, was not passed this year in the Missouri General Assembly.

The Robels filed the lawsuit in response to the legislature's failure to pass the law, White said. The law was designed to hold law enforcement agencies accountable for releasing inmates from a correction facility without conducting a records check.

"All law enforcement agencies are not responsible for this act," White said, referring to Jake's death.

"But I think (the lawsuit) is a deterrent. Believe me, if we are successful, it will spread through the law enforcement grape vine, and this won't happen to another Missouri family.

"I expect this lawsuit will be copied and pasted on every bulletin board in every law enforcement agency in the state and will serve as a warning to those agencies to carefully check for warrants and hold before they release criminals from their custody."

White added: "This is one of the fundamental job descriptions of law enforcement agencies to incarcerate those who should be incarcerated."

White expects the case to go to trial in 10 to 12 months. The Robels are seeking whatever amount the jury thinks is fair and reasonable, he said.

To reach Nathan Odgaard, e-mail nodgaard@examiner.net or call 816-350-6322.

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