Cole County Circuit Judge Jon Beetem correctly denied a man's request his 2011 arrest record be expunged, a three judge appeals court panel ruled Tuesday.
After his brother, Anthony Trapani, was shot at their Lohman home on Dec. 17, 2011, Vincent Trapani was arrested and charged with second-degree domestic assault and armed criminal action.
But prosecutors dismissed those charges in April 2012 and, in August 2015, Vincent asked the Cole County Circuit Court to expunge his arrest in the case.
Beetem denied the request last March 1, explaining his decision in a six-page judgment.
Trapani appealed, resulting in the Kansas City court's 13-page ruling this week.
Beetem had written: "This Court finds that there is probable cause at this time to believe (Trapani) committed both the offenses for which he was arrested.
"(Trapani) testified that he pulled the trigger of a firearm in the direction of his brother, Anthony Trapani, without first checking to see if there was a bullet in the chamber.
"This Court finds this testimony (is) credible."
Beetem's ruling also noted Trapani's admission "he had drunk two pints of beer and a shot of whiskey at Munichberg Tavern, between 9 p.m. and 12:30 a.m., prior to the (shooting) incident around 12:45 to 1 a.m."
Three hours after the shooting, a test showed Vincent Trapani's blood-alcohol content to be .063. Missouri defines intoxication as being at least .08.
Beetem also found to get his arrest record erased, Trapani had to show the court, among other things, "the arrest was based on false information," and "there is no probable cause, at the time of the action to expunge, to believe the individual committed the offense."
Beetem wrote: "This Court finds that nothing presented by (Trapani), testimony or exhibits, established that his arrest was based on a false accusation, lie, or 'false information.' To the contrary, (Trapani)'s evidence established that his arrest was based on true and factual information."
In his appeal, Trapani argued Beetem was wrong.
Trapani had said during the sheriff department's initial investigation the shooting was an accident, and he argued in his appeal, when Sgt. Troy Thurman didn't include that information in his first report, that was false.
Writing for the three-judge panel, Gary Witt said: "There is no reasonable argument that Sergeant Thurman's statement was 'false information.'
"Nor is there a reasonable argument that this information was relied upon to support Trapani's arrest, as it is clear in the same report that Trapani's claim that the shooting was an accident was also known to law enforcement prior to his being placed under arrest."
Trapani also complained Detective Ryan Petty's probable cause statement reported Trapani "had 'knowingly pointed' a firearm at Anthony and pulled the trigger" when the shooting had been an accident.
But, Witt wrote for the appeals court: "The evidence was and is that he intentionally pulled the trigger and his brother was in the path of the bullet."
Trapani also challenged Beetem's finding there was "probable cause to believe that Trapani committed the offense of unlawful use of a weapon" because he was intoxicated when he handled a firearm "in a negligent manner."
The appeals court upheld Beetem's ruling, with Witt writing: "The evidence was that Trapani pointed the gun in his brother's direction and pulled the trigger without confirming that there was no bullet in the chamber of the gun.
"The fact that Trapani pointed a firearm at another person and pulled the trigger without personally determining whether the gun was loaded is clear negligence. The fact that Anthony was actually shot proves the firearm was loaded when Trapani handled the firearm. We conclude that there was probable cause at the time of the expungement action to believe Trapani, while intoxicated, handled a firearm in a negligent manner."