Settlement made in last lawsuit over 2011 raid

BLOOMFIELD, Mo. -- Tootie's 225, LLC, in Dexter will receive $50,000, plus $3,000 in court costs in the settlement of a lawsuit brought against Stoddard County Prosecutor Russ Oliver, Sheriff Carl Hefner and the county. The lawsuit was filed after the prosecutor and sheriff confiscated hundreds of packets of what authorities contended contained imitation controlled substances on July 14, 2011.

Six convenience stores were targeted in the investigation that ended with the confiscation of the "herbal" packets, some of which were manufactured by BoCoMo. The prosecutor said these packets contained synthetic or "analogue" drugs. Four of the stores where packets were confiscated filed suit. RL's Package Plus in Essex received $15,000; J&R Quick Stop in Bloomfield received $25,000; and Jack's at Bernie received $30,000 in a settlement announced Aug. 21, 2012. The total settlement to the four stores was just over $120,000.

John Sifford and Tijuanna Sifford, owners of Tootie's 225, filed the suit contending that their constitutional rights were violated. Thad Mulholand and Eng and Woods Law Partnership represented the Siffords.

In their suit, they contended the confiscation of property was a violation of the Fourth, Fifth and Fourteenth Amendments on the federal level, a violation of Missouri state law, "including, but not limited to conversion, trespass to chattels, defamation, slander and libel; searching and seizing Plaintiff's property without a warrant and without probable cause; taking Plaintiff's property without just compensation or due process of law;... loss of property, loss of inventory, past and future lost income, earnings and profits; damage to Plaintiff's reputation and business good will; past and future economic damages, emotional distress and mental anxiety; compensatory damages; punitive damages; attorney's fees and other damages arising out of the alleged search of Plaintiff's property..."

The suit also alleged that Oliver made "defamatory statements" in an interview he gave to KFVS 12 in Cape Girardeau "on or about Aug. 8, 2012."

"It's important," Oliver told the Statesman after the first settlements were reached, "that the public realizes that no judges or attorneys were involved in this decision. This money will be distributed because insurance companies calculated the amount that it would cost to conduct four jury trials and then decided to pay out rather than go to trial because it is a cost effective solution."

After law enforcement confiscated the "herbal packets" on July 14, 2011, Stoddard County Sheriff Carl Hefner said all personnel and owners were "extremely compliant during the seizure process." Each willingly turned over the packets which were found on the store shelves openly displayed and being sold as incense in many cases, he said. The packets carried names that included Ivory, Euphoria, Cloud Nine, and Bliss. Their contents were, Oliver contended, comprised of chemically altered controlled substances -- illegal according to a Missouri Statute criminalizing the possession and distribution, respectively, of imitation controlled substances. Store owners countered that the herbal incense was legal at the time.

The Missouri Legislature passed a law making sythetic marijuana and bath salts illegal, but the law had not been signed at the time of the Stoddard County raid.

Oliver explained at the time that an imitation controlled substance, unlike a controlled substance analogue, does not need to be chemically similar to be a controlled substance. It merely needs to cause a similar effect as a controlled substance, or by its appearance or use leads a reasonable person to believe that it is a controlled substance.

No criminal charges were ever filed as a result of the raid on the six stores.

The county insurer was Savers Property and Casualty Insurance Company. Paule, Camazine & Blumenthal, P.C., were the attorneys for the county's insurance company.

Presiding Commissioner Greg Mathis said a proposal was brought to the county by attorney's for Tootie's 225 to settle the lawsuit for $30,000, and have the records sealed so that details would not be released to the public.

"We didn't want to sign a confidentiality agreement," stated Commissioner Carol Jarrell in reviewing the settlement.

"We, the prosecutor, the sheriff and commissioners would not agree to that," said Mathis. "We felt due to the publicity, we should be able to tell the public about the final settlement."

Mathis said the commission did not want to give anyone the impression that the county was "trying to hide anything."

"Hopefully, this puts an end to that chapter," said Mathis.