MOONEY SENT TO PRISON FOR INVOLUNTARY MANSLAUGHTER Maryville, Mo. – Kevin Dell Mooney, Bethany, was sentenced to prison by the Honorable Judge Roger Prokes on Monday, September 30, 2013, in the Circuit Court of Nodaway County, after Mooney was found guilty of Involuntary Manslaughter in the First Degree in Cause # 12ND-CR00349-02. Judge Prokes sentenced Mooney to serve six years in prison with the Missouri Department of Corrections. Mooney was taken into custody by the Nodaway County Sheriff’s Department where he will await transport to prison. Mooney was found guilty of recklessly causing the death of Tomarken Smith. The charge stemmed from an altercation between Tony Overlin, Kevin Mooney, and Tomarken Smith on the 300 block of South Market Street, Maryville, on September 14, 2012, where Overlin and Mooney punched Tomarken about the face causing him to fall and hit his head on the cement sidewalk. Police were on the scene immediately. After Tomarken struck his head, he lost consciousness. While unconscious, Tomarken’s pulse stopped so police immediately initiated CPR to revive him. Tomarken did not recover and died at the St. Francis Hospital Emergency Room. Tomarken Smith attended Northwest Missouri State University at the time of his death. The range of punishment for a Class C Felony Involuntary Manslaughter in the First Degree is up to 7 years in prison, up to a $5,000.00 fine, or any combination of the two penalties. “I want to thank the entire Maryville Department of Public Safety for their exemplary work in this case. The officers identified the two guys that hit Tomarken then ran, render medical aid to Tomarken, plus collect witnesses’ accounts of what happened that was vital for the offenders to go to prison,” said Robert (Bob) L. Rice, Prosecuting Attorney of Nodaway County. “Both law enforcement and Tomarken’s family were involved from the very beginning and agreed the final outcome of this case was just and appropriate.” Tomarken’s family and several law enforcement officials attended the Court hearing. ###
Posted on: Tue, 01 Oct 2013 18:42:24 +0000
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