COURTS: MAN FACES TRIAL IN TROOPER'S ASSAULT

A 28-year-old Poplar Bluff, Mo., man admittedly came to Cape Girardeau County to steal anhydrous ammonia for methamphetamine, but he did not attempt to run over a Missouri Highway Patrol trooper, a defense attorney said in a Wednesday trial.

But Prosecuting Attorney Morley Swingle said Troy E. Marlow intended to run over trooper Aaron Harrison and later confessed that hitting the trooper was the dumbest thing he had ever done.

Marlow's trial began Wednesday. He is charged with assaulting a law enforcement officer, resisting arrest, carrying a concealed weapon and attempting to steal anhydrous ammonia.

The trial, which will continue today, will change venues from the Commons Pleas Courthouse in Cape Girardeau to the County Courthouse in Jackson, Mo. Promising air conditioning in Jackson, which was not available at Common Pleas on Wednesday, Circuit Judge William Syler allowed jurors to vote to move the trial.

Neither the prosecutor nor defense attorney Daniel Moore of Poplar Bluff dispute that Marlow came with two acquaintances to a farmers' co-op in Whitewater, Mo., just before midnight on Nov. 15, 1999, to steal anhydrous ammonia. But the attorneys have differing views on Marlow's role.

When Marlow, Justin Constantino and Scott Guess were surprised by Harrison, the Constantino and Guess ran while Marlow got into their van and attempted to drive off, Swingle said.

Marlow backed the van into a field applicator as Harrison approached on foot. He then started to drive forward, aiming his van at Harrison. The trooper jumped out of the way but was struck by the side of the van and its mirror.

But as the van continued forward, Harrison was able to pull himself into the sliding side door, which was open.

He made his way to Marlow, put his gun to the side of Marlow's head and ordered him to stop. Instead, Swingle said, Marlow elbowed Harrison in the throat, threw the gear shift into park and ran from the van.

After a brief foot pursuit around a nearby church, Marlow was taken into custody with the help of a sheriff's deputy.

In his opening argument, Moore maintained that Harrison only identified himself verbally as a Highway Patrol trooper once. Harrison's dark-blue jumpsuit did not identify him visually as a law enforcement officer, Moore said.

The defense attorney also questioned whether a .25-caliber semiautomatic pistol recovered near the church belonged to Marlow. Harrison had said he had seen Marlow throw an object as he chased him around the church. The manager of the co-op recovered the pistol the next morning.

Constantino would testify that Marlow had not been carrying a gun, Moore said.

"Scott Guess was the Moe of these three stooges," Moore said.

In his opening statement, Swingle said that Marlow was the "muscle" to insure the three thieves didn't get caught.