A St. Louis County judge is threatening to escalate a records fight that has shadowed a controversial assault case involving three road workers and an off-duty police officer. The judge says county officials must turn over the requested police records before the next hearing or face serious consequences.
Judge Stanley Wallach issued the warning Monday in Clayton after defense attorneys said St. Louis County had withheld records they need to prepare their case. According to FOX 2 News, Wallach blamed the delay on the St. Louis County counselor’s office and said the defense is entitled to see what the records contain.
Attorneys W. David Mueller and Brad Dede have questioned why the workers were not arrested on the night of the September 2024 confrontation, why field sobriety testing took roughly three hours and why the off-duty officer was allowed to remain with uniformed officers before leaving. The workers and their lawyers have been waiting for answers — and for the records that could help explain how police handled the scene.
Two Competing Accounts Of A South County Work-Zone Fight
The dispute stems from a confrontation at South Lindbergh Boulevard and Lemay Ferry Road in September 2024. The workers’ attorneys have said the off-duty officer drove into a road-construction zone, demanded permission to turn left despite a closed turn lane and appeared intoxicated, a version outlined in earlier reporting by St. Louis Magazine.
Police have described a far more serious attack. In a statement, St. Louis County Police said one worker used a racial slur while two others restrained the off-duty officer, and that the officer was struck with a hardhat and placed in a headlock. Police also said the officer did not show signs of impairment during field sobriety testing and characterized the workers as the aggressors.
Prosecutors charged Matthew Devlin, Garrett Gibbs and Donnie Hurley II in connection with the incident. The charges include first-degree assault, armed criminal action and first-degree kidnapping, although the allegations have not been proven in court and all three defendants are presumed innocent.
Judge’s Warning Puts Records Dispute In Spotlight
Wallach said he was frustrated that evidence surrounding the delayed field sobriety test was not being presented while the defense continued waiting for police records. FOX 2 News reported that the judge warned St. Louis County must produce the records by the next hearing or he will consider strong action.
The warning does not decide who was at fault during the work-zone confrontation; it addresses whether the defense can obtain evidence in a pending criminal case. For now, the records dispute has become a second legal battle layered on top of the original assault allegations.
