County attorney says lack of evidence leads to dismissal of charges against three in Sept. 27 altercation

Charges against three men involved in an altercation outside Glenwood Community High School Principal Richard Hutchinson’s residence have been dropped.

Colton McDaniel, 21, and Denver Cook, 19, faced charges following an altercation with Hutchinson and his stepson, Hurl Beechum III, on Sept. 27, that left McDaniel with two gun shot wounds to the leg. McDaniel was charged with assault causing bodily injury, a misdemeanor. Cook faced a charge of willful injury, a felony, and a misdemeanor charge of assault causing bodily injury.

Beechum, 42, had been charged with intimidation with a dangerous weapon, willful injury and going armed with intent in addition to two additional misdemeanor counts of assault while displaying a dangerous weapon. Beechum’s trial was set to begin today in Glenwood.            

Mills County Attorney Tricia McSorley announced the dismisal of charges against McDaniel and Cook last week and the dismissal of charges against Beechum Tuesday morning.

  She said the charges against both McDaniel and Cook were dropped due to a “lack of sufficient evidence to hold the charges.”

“The charges were filed in the first place based on information at that time and there’s been more information and evidence as it progressed,” she said. “It’s not just testimony or statements, but there’s evidence at the same time.”

McSorley went on to say McDaniel and Cook “were not the primary aggressors in the case.”

As of Friday, McSorley said her office still intended to prosecute Beechum.

“I’m not able to comment much more because we have a trial starting next week involving these same facts,” she said.

Both McDaniel and Cook were listed on a witness list for the prosecution in Beechum’s trial.

According to the statement released Tuesday, McSorley’s office said “It was determined that there is reasonable doubt as to who was the primary physical aggressor of the incident.”

The Sept. 27 incident occurred around 5:45 p.m. near Hutchinson’s residence at 209 N. Myrtle St. in Glenwood. According to affidavits filed in Mills County District Court, McDaniel, Cook, another adult male and three juvenile females were walking south on North Myrtle Street when one of the juveniles used a racial slur while talking on her cell phone. Hutchinson, who is black, and his wife, Randi, who were cleaning their car in the driveway at the time, confronted the group. A verbal argument then ensued.

During the argument, Randi Hutchison went into her residence to retrieve Beechum, her son, to come help his stepfather. The verbal argument then escalated into a physical altercation resulting in Richard Hutchinson being knocked unconscious. Beechum then allegedly retreated to the residence and returned with a 9mm Taurus handgun.

When Beechum returned to the group, McDaniel was squatting over Hutchinson, who was being cared for by his wife. Beechum allegedly confronted the group once again before shooting McDaniel, who was struck on the outer portion of his left thigh and his right ankle.

In dismissing the charges against Beechum, McSorley said, “At that time, Richard Hutchinson was lying on the ground surrounded by other parties involved. It is reasonable to believe that Mr. Beechum acted with justification at that time. Therefore, it is the opinion of the state that continued prosecution of the case was not in the interest of justice.”