State Missouri v. Alvin Kirksey

On August 11, 1980, in response to a writ of ad testificandum issued by the United States District Court for the Eastern District of Missouri four officers of the Missouri Department of Corrections conducted five prisoners from the Jefferson City penitentiary to the United States Court House and Customs House in St. Louis. That courthouse is located on the southwest corner of 11th and Market Streets. The officers employed two vehicles, a van containing two unarmed officers and the five prisoners, who were chained and locked in a wired-off section at the rear, and a backup car with two armed officers. The party left Jefferson City at 6:30 A.M. and arrived at the loading dock on the south side of the courthouse at about 9 A.M. The two armed officers positioned themselves so they could observe the prisoners, who then began to leave the van at the direction of the other officers. Dennis Kirksey, brother of the defendant, was the first prisoner to leave the van. Instead of walking toward the steps leading into the courthouse he headed for the street, but fell because of his shackles. As one of the unarmed officers was helping him to a standing position, a man appeared near the dock brandishing a shotgun and said, ""let him go or I'll kill you."" The officers ""jumped for cover."" One of them maneuvered into position to ""put"" his gun on the prisoners, fired a shot, and eventually brought the situation under control. At this point it was discovered that Dennis and the man with the shotgun had disappeared and neither could be located by a hasty search of the area.