Jackson County prosecutor responds to accused murderer's motion

KANSAS CITY, Missouri (KCTV) – A motion filed by a suspect accused of killing Independence police Officer Cody Allen and Bailiff Drexel Mack is “unwarranted and unnecessary,” according to Jackson County Prosecutor Jean Peters Baker.

A grand jury indicted 70-year-old Larry D. Acree for killing the two men in February.

Acree's legal team filed a motion earlier this month asking a judge to put the case on hold. The motion would allow Acree to receive medical care.

According to court documents, Acree suffers from multiple health problems and requires three surgeries. His lawyers claim the treatments are necessary so that Acree can defend himself.

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In her response filed on Monday, August 26, Peters Baker argues that the application is “without merit.”

“The defendant provides little justification for a delay. In fact, his motion lacks any basic factual information about whether the required surgeries must be performed on an inpatient or outpatient basis, and if so, how long the defendant would need to remain in the hospital as an inpatient or how long the recovery from the surgeries would take,” Peters Baker wrote.

Acree was charged with two counts of first-degree murder, seven counts of first-degree assault and nine counts of armed criminal action in connection with the deaths of Allen and Mack.

“The defendant states that he had health problems at the time of his murder. Thus, the defendant has lived with these problems and knows how to deal with them,” Peters Baker wrote.

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According to court documents, Mack and Allen went to a residence on North Elsea Smith Road in Independence on February 29 to clear everyone out of the house. After Mack knocked on the door and announced himself, he was shot and fell to the ground in the entryway.

When officers arrived, Ofc. Cody Allen was shot and a second officer was wounded. Officers returned fire and took Acree into custody.

The judge has not yet ruled on the motion, but Acree is scheduled to appear in court again on September 3.

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The Jackson County District Attorney's Office has stated that it will seek the death penalty in this case.

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