The Missouri Southern District Court of Appeals ruled Monday that Scott Alan Ingalsbe, 57, Lampe, must be resentenced due to a misinterpretation of the law. Ingalsbe was initially sentenced to one year in the Taney County Jail on each count.
Ingalsbe's resentencing is scheduled for August 28.
Ingalsbe's crime was described in the appellate panel's decision:
Branson Hills Parkway Incident
Early in the morning on July 19, 2016, Janette Etz and her friend Deborah Lale were walking along the paved path near the Branson Hills Parkway. People frequently walk and run on this path on the way to the Branson Rec-Plex.
As Etz and Lale were walking, Etz was startled by a sound. She turned to see Defendant standing by the nearby bushes, “totally naked and masturbating[.]”
Etz testified that she felt shocked and scared. She yelled for Lale to run, and they both fled down the path and away from Defendant. Etz and Lale observed Defendant run out of the wooded area. He was wearing an orange plaid shirt and drove away in his distinctive blue truck with a white stripe.
Branson Rec-Plex Incident (Count 2)
On September 30, 2016, Kelsey Howerton and her two children were at the Branson Rec-Plex, in the playground area by the pool. Defendant was sitting at the picnic table closest to the playground, facing away from the table and watching the play area. He was wearing a black knee brace and athletic shorts.
Howerton could see that Defendant had his hand up the leg of his shorts, “stroking” his exposed penis. With the other hand, Defendant was holding up his cellular phone, pointing the camera towards the playground.
Howerton’s friend, Nichole McElvain, also “clearly” saw that Defendant had his hand in his pants. Upon realizing that the women had noticed him, Defendant stood up abruptly, which caused him to drop his phone. He walked briskly away.
Carolyn Clark, another parent at the park with her children, followed Defendant and saw him drive away in his “blue and white truck.”
Branson police officers received a call reporting a vehicle that matched the description of the truck from the incidents. Officers subsequently ascertained that it was registered to Defendant.
A search warrant was executed at Defendant’s residence. Investigators found Defendant’s black knee brace, his cell phone, and an orange plaid shirt similar to the description of what Defendant was wearing on the day of the first incident.
When questioned, Defendant admitted that he had visited the Rec-Plex on September 30th and was wearing jogging shorts on that day. Five witnesses identified Defendant in a photo lineup.
In October 2016, Defendant was charged by information with committing two counts of a class A misdemeanor, in violation of § 566.093.1(1), on July 19, 2016 (Count 1) and on September 30, 2016 (Count 2). Each count alleged that Defendant had a prior Virginia conviction for indecent exposure. The case was tried in June 2017.
At the commencement of that proceeding, the trial court found “beyond a reasonable doubt that the defendant has a prior conviction from the Commonwealth of Virginia which would be classified as an offense under Chapter 566 4 of the RSMo if the offense had occurred in the State of MO, thereby enhancing this to a class A misdemeanor.” At the close of the State’s evidence, Defendant’s motion for judgment of acquittal was denied. Defendant did not testify or call any witnesses. Defendant subsequently moved for a judgment of acquittal at the close of all evidence, which the trial court also denied. Thereafter, the jury found Defendant guilty on both counts of sexual misconduct in the first degree. This appeal followed.
The Appeals Court noted that the use of Ingalsbe's Virginia conviction to enhance the penalty can be done now, but was not allowed under Missouri law at the time Ingalsbe was convicted.
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