St. Louis Reporter

Jefferson County Sheriff Dave Marshak said he will not release inmates who may pose a danger to the community because of COVID-19 concerns.

“We have no plans to free violent or persistent offenders back to our community,” Marshak told St. Louis Reporter on Monday.

This comes in the wake of revelations that some inmates with lengthy criminal histories who were jailed for violent offenses have recently been released.

Jefferson County Sheriff Dave Marshak | Jefferson County Sheriff’s Department

Missouri Attorney General Eric Schmitt, in a March 31 letter to St. Louis Circuit Attorney Kimberly M. Gardner, said he was “deeply concerned by public reports that persons charged with violent felonies are being released into our communities out of concerns relating to COVID-19, without any public transparency.”

The reports indicated that some released inmates had been charged with crimes that included child molestation, armed robbery and assault.

“Particularly troubling is the report that the Circuit Attorney's Office has announced that it will seek the release of dozens of charged offenders because of COVID-19, yet refuses to provide the public with such basic information as the identities of the persons released, their current charges, or their criminal histories,” Schmitt stated in his letter.

Schmitt said he was able to obtain the names, charges and criminal records of 10 released defendants. They are listed in the letter.

“The spread of COVID-19 presents profound challenges to institutions across our society, and our criminal justice system is no exception,” he wrote. “But it is imperative that our response to COVID-19 should not increase dangers to public safety. In this time of crisis, many Missourians are already suffering profound stress and anxiety from health threats, isolation, and economic dislocation.”

Schmitt, a Republican, asked that a list of those released facing felony charges be made public and regularly updated.

Gardner, a Democrat, responded with a letter saying she was “deeply disappointed” that Schmitt had released his letter to the media first. She said he was making an “obvious effort to politicize matters of public safety during this time of crisis in our City and State.”

Gardner, a “trained registered nurse,” said she had weighed health concerns with public safety and made sure people charged with violent crimes would not be released and victims be protected.

However, she wrote, some judges had, due to concerns about the pandemic, released inmates over state objections and before victims can be notified.

Sheriff Marshak, a Republican elected to the office in 2016, said it is an issue all law enforcement offices are dealing with now. His office has three deputies quarantined after possible exposure to the virus.

“The reality is that jails across the state have reduced the inmate populations in an attempt to increase the space for inmates that must be incarcerated,” Marshak told St. Louis Reporter. “Infectious diseases can spread quickly in a jail environment, and we must be forward thinking for the safety of our employees and the safety of the inmates (most of whom are pre-trial detainees). We examined criminal cases with the assistance of judges, the Public Defender’s Office, private attorneys, the prosecuting attorney, and judges to make sure our reductions considered the safety of the public, victims, and witnesses.”

He said steps have been taken to protect staff and inmates.

“In our jail, we have an entire floor to quarantine inmates that may be infected by COVID-19. That reduces the possibility of contamination by other inmates, and protects our correctional officers,” the sheriff said. “We have nearly 150 people incarcerated at the jail today, and they need to be in jail. I’m not for any ‘get out of jail free’ programs, as we must have a society that holds criminals accountable.”