By MIKE FLANAGAN
News Tribune

A Cole County jury Monday found a Columbia man guilty of assault for injuring a Russellville man in a two-vehicle collision in August, but determined he did not tamper with evidence at the scene.

Jurors recommended one year in the Cole County Jail for Michael E. Hall, 31, after finding him guilty of second-degree assault.

The one-year jail term is the minimum punishment for the assault, which was charged as a Class C felony. Hall could have been sentenced to a maximum of seven years in prison.

"I would be less than candid if I didn’t admit that we were disappointed that the jury did not assess a higher level of punishment," Cole County Prosecutor Richard Callahan said. ‘We would have preferred to have seen a prison sentence, but I have a basic and abiding faith in the jury system, and quite frankly, the jury did not have all the information that we had.

"I think that sometimes leads to our disappointment because we know a little bit more about the people we’re dealing with than the jury does."

T.D. Pawley, Hall’s court-appointed attorney, was not available for comment.

Hall also had been indicted by a Cole County grand jury for tampering with evidence for allegedly placing two beer cans in the victim’s car after the collision.

"We recognized that the tampering charge was going to be difficult because we didn’t have any direct evidence of how the beer got there, but I have no regrets about charging it, " Callahan said. "Most assuredly, I would do it again and will do it again if we ever have similar facts. It seemed apparent to me that when beer is planted in a car, the defendant is the one that gains from that planting.

"I make no apologies having charged that. I recognize that there is an argument there as to whether we had sufficient proof to convict I think we did, but I respect the jury’s decision."

Jurors found that Hall was driving while intoxicated when the truck he was driving collided with a Volkswagen driven by Ray Kirchner, 52.

Officials said Kirchner was driving to work when the collision took place at 2 am. Aug. 11 on Route C near Hem Street

According to the Missouri Highway Patrol, Hall was westbound and attempting to pass another vehicle when he drove into the path of Kirchner’s eastbound vehicle. Hall swerved to avoid the collision, but the Volkswagen hit the passenger side of his truck.

Kirchner received serious injuries and was hospitalized for an extended period.

Hall, who is free on bond while awaiting sentencing, and three passengers also were injured, and hospitalized.