St. Louis – A federal grand jury returned a superseding indictment today against three St. Louis Metropolitan Police Department (SLMPD) Police Officers for their conduct in connection with the arrest and assault of a fellow SLMPD police officer who was working undercover in downtown St. Louis during protests following the 2017 acquittal of a former SLMPD officer of a first-degree murder charge brought by the State of Missouri relating to the shooting death of a civilian. 

The superseding indictment added Officer Steve Korte, 42, charging him with civil rights violations and providing false statements to the FBI.  Officers Dustin Boone, 36; Christopher Myers, 28; Randy Hays, 32; and Bailey Colletta, 26, were indicted in the initial indictment filed on November 29, 2018.  The charges include deprivation of constitutional rights, obstruction of justice and perjury.

During the protests, SLMPD officers were deployed throughout the area to monitor protest activity and respond if necessary.  According to the indictment, on the evening of September 17, 2017, a SLMPD police officer was working in an undercover capacity in downtown St. Louis in order to document any criminal activity being committed during the protests.  Around 10:00 p.m. in the area of 14th Street and Olive Street near the St. Louis Public Library, SLMPD Officers Boone, Myers, and Korte approached the undercover officer, forcefully brought him to the ground, and violently beat him causing severe injuries that have required multiple surgeries.

Randy Hays pled guilty on November 8, 2018 to deprivation of constitutional rights and will be sentenced on March 17, 2020. Bailey Colletta pled guilty on September 6, 2019 to false statements to the grand jury and will be sentenced on April 10, 2020.

Officer Myers also faces a Destruction of Evidence charge for destroying the cellular phone of the beating victim on the night of September 17, 2017.

Officers Boone, Myers, Korte are each charged with one count of deprivation of rights under color of law resulting in bodily injury, which is a violation of 18 U.S.C. § 242.  That charge carries a maximum penalty of ten years in prison, a fine of $250,000, or both imprisonment and a fine.

Officer Korte is also charged with providing false statements to the FBI which carries a maximum penalty of five years in prison, a fine of $250,000, or both imprisonment and a fine.

The evidence destruction charge carries maximum penalties of twenty years in prison, a $250,000 fine, or both. 

As is always the case, the charges in an indictment are merely accusations, and the defendants are presumed innocent until and unless proven guilty.

St. Louis – Randy Hays, 32, a former police officer with the St. Louis Metropolitan Police Department (SLMPD) pleaded guilty today in federal court in the Eastern District of Missouri to one count of using unreasonable and excessive force against a fellow SLMPD police officer, who was believed to be a protestor while the officer was working undercover in downtown St. Louis during protests following the 2017 acquittal of a former SLMPD officer on a state murder charge. Hays’ co-defendant Bailey Colletta pled guilty to committing perjury related to this assault on Sept. 6, 2019.  Co-defendants and former SLMPD officers Dustin Boone and Christopher Myers remain under indictment on federal charges related to the assault and subsequent cover-up. They have pleaded not guilty.

According to the plea agreement, in addition to facing a maximum of 10 years in prison, Hays must forfeit his law enforcement certification. A sentencing date has not yet been set.

The trial of Boone and Myers is set for Dec. 2, 2019.

This case is being investigated by the St. Louis Division of the FBI and is being prosecuted by First Assistant United States Attorney Carrie Costantin of the U.S. Attorney’s Office, and Special Litigation Counsel Fara Gold and Trial Attorney Janea Lamar of the Department of Justice Civil Rights Division Criminal Section.

Bailey Colletta, 26, a former police officer with the St. Louis Metropolitan Police Department (SLMPD) pleaded guilty today in federal court in the Eastern District of Missouri to one count of making false statements to a federal grand jury about her knowledge of the arrest and assault of a fellow SLMPD police officer, who was working undercover in downtown St. Louis during protests following the 2017 acquittal of a former SLMPD officer on a state murder charge. Colletta’s co-defendants, SLMPD officers Dustin Boone, Randy Hays, and Christopher Myers, remain under indictment on federal charges related to the assault and subsequent cover-up. They have pleaded not guilty.

According to the plea agreement, in addition to facing a maximum of five years in prison, Colletta must forfeit her law enforcement certification. A sentencing date has been set for December 13, 2019. 

The trial of Boone, Hayes, and Myers is set for Dec. 2, 2019.

This case is being investigated by the St. Louis Division of the FBI and is being prosecuted by Assistant United States Attorney Reginald Harris of the U.S. Attorney’s Office and Special Litigation Counsel Fara Gold and Trial Attorney Janea Lamar of the Department of Justice Civil Rights Division Criminal Section.

IndictmentWASHINGTON – A federal grand jury in St. Louis indicted four St. Louis Metropolitan Police Department (SLMPD) Police Officers for their conduct in connection with the arrest and assault of a fellow SLMPD police officer who was working undercover in downtown St. Louis during last year’s protests following the acquittal of a former SLMPD officer of a first-degree murder charge brought by the State of Missouri relating to the shooting death of a civilian.

The indictment charges Officers Dustin Boone, 35, Bailey Colletta, 25, Randy Hays, 31, and Christopher Myers, 27, with various felony charges, including deprivation of constitutional rights, conspiracy to obstruct justice, destruction of evidence, and obstruction of justice.

“Law enforcement officers have an important duty to protect the members of the communities they serve and to enforce the law,” said Assistant Attorney General Eric Dreiband. “The Justice Department will continue to investigate and prosecute matters involving allegations of federal criminal civil rights violations.”

“These are serious charges and the vigorous enforcement of civil rights is essential to maintaining public trust in law enforcement,” said U.S. Attorney Jeff Jensen. “The SLMPD recognized the importance of this investigation and its leadership has cooperated at every turn. I continue to have great confidence in the brave and honorable men and women of the SLMPD, Chief John Hayden, and Public Safety Director Judge Jimmie Edwards.”

“I wish to commend SLMPD leadership for its cooperation and the support of this investigation. Law enforcement and the public have a common interest in identifying and holding accountable those who dishonor the badge,” said Special Agent in Charge Richard Quinn of the FBI St. Louis Division. “To that end, I am encouraging people to contact the FBI if you are a witness in this case.”

According to the indictment, in the days and weeks that followed the acquittal, which occurred on Sept. 15, 2017, there were protests throughout the City of St. Louis. In anticipation of protests, SLMPD activated its protest-response unit, the Civil Disobedience Team (CDT), detailing more than 200 SLMPD officers to CDT. SLMPD officers assigned to CDT were tasked with controlling the crowd as needed and arresting those individuals for whom there was probable cause to believe that they had committed crimes. Defendants Boone, Colletta, Hays, and Myers were all assigned to CDT and were working in their capacity as SLMPD officers during the protests. The listed victim in the indictment, L.H., a 22-year veteran SLMPD officer, was also working during the protests, but was doing so in an undercover capacity in order to record and document criminal activity so that other SLMPD officers could lawfully arrest individuals who were committing crimes.

Count One of the indictment charges defendants Boone, Hays, and Myers with willfully violating L.H.’s constitutional rights when they used unreasonable force on L.H., actions that resulted in bodily injury to L.H. and included the use of a dangerous weapon: shod feet and a riot baton. The indictment specifically alleges that Boone, Hays, and Myers threw L.H. to the ground and then kicked and struck L.H. while he was compliant and not posing a physical threat to anyone.

Count Two also charges defendants Boone, Hays, and Myers with conspiracy to obstruct justice for conspiring and agreeing to engage in misleading conduct toward witnesses to prevent information about their criminal conduct from reaching federal authorities.

Count Three of the indictment also charges defendant Myers with destruction of evidence for knowingly destroying and mutilating L.H’s cellular phone with the intent to impede, obstruct, and influence the investigation into the arrest and assault of L.H.

Count Four charges defendant Colletta with corruptly attempting to obstruct, influence, and impede federal grand jury proceedings by engaging in a series of misleading assertions and false statements when she testified before the grand jury.

Count One carries a maximum penalty of 10 years in prison. Counts Two, Three, and Four each carry maximum penalties of 20 years in prison. All four counts carry a maximum fine of $250,000.

An indictment is merely an accusation and the defendants are presumed innocent until and unless proven guilty.

This case is being investigated by the St. Louis Division of the FBI and is being prosecuted by Assistant United States Attorney Reginald Harris of the U.S. Attorney’s Office, Special Litigation Counsel Fara Gold, and Trial Attorney Emily Savner of the Department of Justice Civil Rights Division Criminal Section.