News Release
On Tuesday, May 14, 2002, Prosecuting Attorney Morley Swingle charged Dax Justin May, 20, of Myrtle Beach, South Carolina, with the felonies of assault of a law enforcement officer in the first degree, assault in the second degree, property damage in the first degree, burglary in the first degree, and armed criminal action, for his actions in the armed stand-off with officers of the Cape Girardeau Police Department on the evening and early morning hours of May 13, 2002 to May 14, 2002. Circuit Judge William L. Syler, Jr. set the bond for May at $500,000.00.
A probable cause affidavit prepared by Patrolman Paul R. Kesterson of the Cape Girardeau Police Department and filed with the court on Tuesday morning relates the following facts: "On Monday, May 13, 2002, at 9:22 p.m., Patrolman Randy Zimmerman responded to the mobile home in regard to a report of a burglary in progress. Upon arrival, several people on the street advised him that a man had broken into the trailer at Lot 40 through the front door and was still inside. Zimmerman approached the front door and heard the male suspect yelling at him to leave. He yelled, "I’m going to blow your f***ing head off." Zimmerman tried to talk with him, but after approximately twenty seconds, Zimmerman heard a blast from a shotgun fired from the mobile home. Zimmerman retreated, cleared the street of citizens, and called police headquarters for back-up. Over the next several hours, the subject inside the mobile home held a stand-off with the police. He claimed to have hostages, but officers confirmed from the witnesses who saw him enter that he did not. The owner of the mobile home, Ronald D. Barnes, confirmed that he had not given anyone permission to enter his home, and warned that he had a shotgun and a 7 m.m. Mouser rifle inside the mobile home, along with ammunition for both. During the stand-off, efforts by Rick Schmidt, the hostage negotiator, to convince the subject to come out voluntarily initially failed. Officers from the swat team arrived. The subject inside the trailer on several occasions pointed his weapon out a window of the trailer. He fired at least seven separate shots, four from the shotgun and three from the rifle. One rifle shot went over the head of Patrolman Brent Steger, who was positioned behind a motor vehicle about twenty to thirty yards from the trailer. Steger was in a covering position and had a light illuminating the trailer attached to the end of his weapon. The same shot that came within approximately three feet of hitting Steger went through another occupied mobile home, shattered a window, and caused shards of glass to injure Captain Carl Kinnison. At times during the stand-off, police returned fire upon the mobile home. During the stand-off, the subject in the mobile home intentionally damaged property inside the mobile home. His property damage included tearing plaster from the walls (pulling everything down to the metal in some spots), breaking mirrors, smashing furniture, knocking over an entertainment center, overturning a bed, and wrecking a computer. The damage well exceeded $750.00. The damaged property was owned by the brothers who lived in the mobile home, Ronald D. Barnes and Mitchell N. McElroy. At approximately 5:00 a.m. the subject inside the mobile home surrendered. He turned out to be Dax Justin May, DOB: 06-14-1981."
The assault of a law enforcement officer in the first degree charge reads that the defendant "attempted to kill or cause serious physical injury" to Patrolman Brent Steger "by shooting at him as Steger was crouched behind a motor vehicle using a light at the end of his weapon to illuminate the mobile home in which defendant was located." The charge is a class A felony, carrying a range of punishment from 10 to 30 years or life in prison.
The assault second degree charge reads that the defendant "recklessly caused physical injury to Carl Kinnison by means of the discharge of a firearm." It is a class C felony, carrying a range of punishment from one to seven years in prison, or one day to one year in the county jail, and/or a fine not exceeding $5,000.00.
The property damage in the first degree charge reads that the defendant "knowingly damaged a mobile home and its contents at 1400 South West End Blvd., Cape Girardeau, Missouri, which property was possessed by Ronald D. Barnes and Mitchell N. McElroy, by tearing plaster from the walls in several places, breaking mirrors, smashing furniture, and wrecking a computer, and the damage to such property exceeded seven hundred and fifty dollars." It is a class D felony carrying a range of punishment from one to five years in prison, or one day to one year in the county jail, and/or a fine not exceeding $5,000.00.
The burglary in the first degree charge reads that the defendant "knowingly entered unlawfully in an inhabitable structure, located at 1400 S. West End Blvd., Cape Girardeau, Missouri, and owned by Ronald D. Barnes, for the purpose of committing stealing therein, and while in such inhabitable structure the defendant threatened immediate physical injury to Patrolman Randy Zimmerman, who was not a participant in the crime." Burglary in the first degree carries a range of punishment from five to fifteen years in prison.
The armed criminal action charge reads that the defendant committed the burglary "by with and through the use, assistance and aid of a deadly weapon." It carries a range of punishment of three years to life in prison.
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H. Morley Swingle
Prosecuting Attorney
May 14, 2002