02/05/2026
***Attached video is graphic & disturbing.****
COURT OF APPEALS AFFIRMS JUDGMENT AGAINST STODDARD CO. SHERIFF FOR VIOLATION OF SUNSHINE LAW BY REFUSING TO PRODUCE VIDEO OF DEPUTY SHOOTING A FAMILY'S DOG AND ORDERS HIM TO PAY THE OLIVER FIRM'S ATTORNEY FEES ON APPEAL
(The body camera footage which was the subject of the appeal is attached to this post)
On February 4, 2026, the Southern District Court of Appeals issued its opinion affirming the Judgment entered against the Stoddard County Sheriff for a knowing violation of the Missouri Sunshine Law in The Oliver Firm, LC v. Carl Hefner, Sheriff of Stoddard County (Stoddard County Case No: 23SD-CC00079) (Southern District Appeal No: SD38762) and ordering the trial court to award The Oliver Firm its attorney fees on appeal.
The Oliver Firm in Dexter, MO filed a lawsuit to obtain a bodycam video that showed the killing of the family’s dog by a deputy employed by Sheriff Carl Hefner. Following a bench trial, the trial court found the Sheriff knowingly violated Missouri’s Sunshine Law, § 610.010, et seq., by refusing to provide The Oliver Firm with the bodycam video. The trial court ordered the Sheriff to pay The Oliver Firm a civil penalty, reasonable attorney fees, and deposition costs, totaling $6,317.50. The Court of Appeals affirmed that order and added that the Sheriff would have to pay the Oliver Firm their attorney fees for the appeal.
On August 27, 2023, the Pennington family’s dog, a nine-year-old black lab mix named Parker, was shot to death and left in a ditch by a deputy employed by the Stoddard County Sheriff’s Department. The deputy was wearing a bodycam and created the video at the time of the shooting. The video that Sheriff Hefner refused to produce to The Oliver Firm and thereby knowingly violated the Missouri Sunshine Law, ultimately showed that the deputy opened the door to his patrol vehicle and walked away. Parker jumped out of the vehicle. The deputy then called, “Come here, boy, sit down.” Parker sat down and was then shot by the deputy. Parker did not die immediately, but laid there “in great pain” for about eight minutes. The deputy then shot Parker again, finally killing him, and threw Parker’s body in the ditch.
The trial court found and the appellate court affirmed that the Sheriff violated the Sunshine Law “by engaging in behavior specifically designed to prevent the disclosure to the [Oliver Firm]” of the video requested.
On August 29, 2023, The Oliver Firm hand-delivered a letter to the Sheriff’s office requesting government records pursuant to the Sunshine Law. Specifically, the request was for “all body worn camera footage for [the deputy] created on August 27, 2023.” In response, the office manager produced two videos created on that date, but these were unrelated to Parker’s death. The office manager explained that “only two videos [can be] released at this time due to active investigations.”
However, the evidence showed that no investigation was conducted. The Sheriff’s Department did not conduct its own investigation related to Parker’s shooting, but instead requested that an investigation be conducted by the Missouri State Highway Patrol (MSHP). On September 11, 2023, the Sheriff’s Department was informed by MSHP that it would not conduct any investigation into the matter. On September 19, 2023, the file was transmitted to the Prosecuting Attorney’s Office of Stoddard County to conduct a criminal investigation. The investigator for that office testified that he “just read the reports and watched the bodycam video.” The following March, Investigator “drafted a probable cause affidavit”, but “[n]o further action” was taken with the case. (The Stoddard County Prosecutor sought and obtained the appointment of a Special Prosecutor to determine if charges would be filed.)
The body camera video was ultimately produced to The Oliver Firm by the Stoddard County Prosecuting Attorney, but was never provided by the Sheriff's Department.
According to the Sheriff, the investigation was still “active and ongoing” so long as the misdemeanor statute of limitations of one year had not passed, even though the Sheriff was admittedly “doing nothing” and planned on “doing nothing in the future[.]” The Sheriff stated that he had not been motivated by his upcoming election when making the determination to withhold the Video. However, by considering the investigation active, the Sheriff asserted he was legally entitled to withhold the Video until at least 20 days after the election, as the one-year limitations period of Parker’s shooting death ran through August 27, 2024.
The trial court made a specific finding and the Court of Appeals affirmed that the Sheriff’s refusal to comply with The Oliver Firm's request was a “knowing” violation:
"To be clear, liability under the statute is not herein found by the Court based solely on [Sheriff’s] simple failure to comply with the Sunshine Law. To the contrary, the evidence reflects, instead, and the Court hereby finds, that [Sheriff] actively sought to hide the apparent disturbing actions of one of his Deputies in order to avoid an apparent public outcry, and systemically sought to thwart the efforts of the Plaintiff to obtain video of the incident, regardless of the reason it may have been sought. This is made all the more evident by [Sheriff’s] persistent insistence on preventing only the most inflammatory of the videos from being released or viewed.
It further appears from the evidence that [Sheriff’s] decision to forestall release of the video was likely also designed to delay pursuit of a civil claim against the County, the Sheriff’s Department, his Deputy, or himself. The sequence of events described in the testimony and shown by the exhibits, together with the months-long delay in providing the requested video, reveal a knowing violation of the Act."
The Sheriff raised three points on appeal. All three points were denied by the Southern District Court of Appeals.
The full opinion of the Southern District Court of Appeals and the full body camera footage of the shooting of Parker is attached.
The sect. 1983 civil lawsuit concerning the shooting of Parker is currently on appeal to the 8th Circuit Court of Appeals.
****WARNING: The body camera footage is extremely disturbing and depicts graphic images of a deputy shooting a family's dog and throwing it in a ditch*******