ST. LOUIS, Missouri — An explosive political ad is upending the Republican primary race for Attorney General in a contest where two former prosecutors are pledging to crack down on violent crime.
The fiery attack ad and mailers accuse former Warren County assistant prosecutor Andrew Bailey of "betraying the blue" and leaving an officer's family "wearing black" at his funeral. Bailey left that office in May 2018 to take a job as Gov. Mike Parson's government lawyer.
Defend Missouri PAC, a group supporting Will Scharf's candidacy, produced the 30-second ad spot. It highlights accused cop killer Kenneth Simpson, and says Bailey only charged him "with mere misdemeanors" in 2017 and 2018 during a time frame when Simpson was also accused of detonating pipe bombs and possessing meth.
Court records show Bailey filed misdemeanor charges against Simpson in 2017. His campaign said those charges were filed against Simpson for physically assaulting his father and for possessing brass knuckles.
Simpson was later arrested and charged with the murder of Hermann police officer Mason Griffith and with shooting officer Adam Sullentrup in 2023.
"Bailey slapped him on the wrist," the narrator reads, "the same wrist he allegedly used to kill a cop."
The ad infuriated Gov. Mike Parson, a former sheriff, who called on the pro-Scharf PAC to pull the ad off the air.
Griffith's family released public statements saying the images of his alleged killer are too painful, and they're concerned the added publicity could complicate the ongoing criminal case against Simpson.
Griffith's widow wrote on social media, "This stuff has got to stop..." She says watching the video was "like reliving the murder of your husband again and again!!!"
Bailey's GOP challenger Will Scharf, a former federal prosecutor, called it a "a deeply tragic situation."
"My campaign has no control over these independent ads," he said.
However, Scharf said Bailey's record as a prosecutor is fair game in the course of a campaign.
"Bailey has a history of treating violent criminals with kid gloves," he said. "And the coordinated campaign by the Jefferson City swamp to try and distract from that reality and protect one of their own is sad to see."
Bailey didn't feel the attack ad was a fair hit.
"Absolutely not," he said. "It's a lie. It's a lie to say that I had anything to do with this defendant being out on bond, a judge made that decision after I left the prosecutor's office."
Court records do not indicate Bailey had any direct ties to the more serious charges pertaining to meth and explosives, both of which are still pending due to several failures to appear and overlapping prison sentences. His cases did, however, overlap with them.
"The two cases that I prosecuted weren't subject to pretrial detention," Bailey said.
Criminal defense attorneys said the weapons charge Bailey filed could've been brought as a Class D felony with criminal sentences up to four years in prison.
Bailey's aides said the top prosecutors who oversee the office take the lead and make the final decisions on prosecutorial discretion, but that assistant prosecutors do have input and often make decisions about which charges to pursue.
In retrospect, does Bailey wish he would've pursued felony charges? He pointed to the police records seeking criminal charges.
"The law enforcement referrals that I received were for the misdemeanor offenses," he said. "I prosecuted those misdemeanor offenses, obtained convictions and jail time on those. Other prosecutors may have received referrals for other additional cases. But the two cases that were assigned to me were for misdemeanors were prosecuted as misdemeanors and resulted in jail time for the defendant."
"I think we obtained the maximum sentences for the two cases that I prosecuted this defendant for," Bailey said. "I wish that the judge had not granted bond on a subsequent offense after I had left the office."
5 On Your Side has also learned Kenneth Simpson's defense attorneys have filed a subpoena seeking to depose the Defend Missouri PAC and obtain a copy of the ad in question.
Legal experts suspect they may use those ads to try and seek a change of venue. Bailey said entering the political ad into the ongoing criminal trial could make it harder to seek the death penalty.
"At this point, Will Scharf is a witness for the defense and the dark money group supporting him is obstructing justice," Bailey said. "They are aiding in the defendant's attempt to create pretrial publicity that will then harm the state's ability to prosecute the case."
During the interview, 5 On Your Side Political Editor Mark Maxwell asked Bailey, "If you look back and see no failures or flaws in how you applied the law, then do you see failures or flaws in the law?"
"I think that we need to take a hard look at bond rules and the evidence that the court is considering when making bond decisions," he replied.
"In Illinois, they abolished cash bail," Maxwell followed up. " So in Illinois, a person accused of these crimes could no longer buy his way to freedom while he was waiting for his trial. Is that an avenue you would pursue?"
"I think that that's something that the General Assembly is going to have to take a hard look at," Bailey said. "Several years ago, the Missouri Supreme Court amended rules concerning bond; and ultimately, if the General Assembly doesn't like the way that the Supreme Court has amended those rules, they have a role to play to enact statutes that will guide that process."
Timeline of Kenneth Simpson's criminal charges and court appearances:
Sept. 14, 2017: Simpson was charged with possession of a controlled substance, 2 counts of manufacturing an illegal weapon, and felon in possession of a firearm. Former Warren County Prosecutor Kelly King was listed as the lead prosecutor who filed those charges. Bailey worked under her at the time. King now works as an Assistant Attorney General under Bailey.
Oct. 11, 2017: Simpson was released from custody after posting bond in the meth and pipe bomb case.
Oct. 27, 2017: Andrew Bailey files misdemeanor fourth-degree assault charges against Simpson for punching his dad while he was out on bond.
Nov. 29, 2017: Simpson failed to appear for a court hearing in the morning on the meth and pipe bomb case. He showed up for a hearing that afternoon later released on his own recognizance.
Dec. 8, 2017: Andrew Bailey files misdemeanor charges against Simpson for unlawfully possessing brass knuckles. Criminal defense attorneys say that at the time, Missouri law would've allowed prosecutors to bring Class D felony charges for possessing brass knuckles with prison sentences as high as four years on a first offense or seven on a repeat offense.
March 28, 2018: A preliminary hearing in the meth and pipe bomb case was waived.
May 2018: Andrew Bailey leaves the Warren County Prosecutor's Office.
July 17, 2018: Kelly King files new criminal charges against Simpson for possessing a controlled substance.
July 23, 2018: Simpson pleads guilty to misdemeanor assault charges for punching his dad in the case Bailey filed. He spends six months in custody.
Oct. 22, 2018: Prosecutors amend information in the brass knuckles case.
Jan. 7, 2019: Simpson fails to appear at a court hearing in the brass knuckles case.
Jan. 17, 2019: Bail bondsman surrenders bond, warrant reissued in a drug possession case.
Jan. 23, 2019: A judge sets bond at $10,000 in the brass knuckles case.
Aug. 14, 2019: Simpson pleads guilty to misdemeanor unlawful possession of a weapon in the brass knuckles case Bailey filed. He spends six months in the Warren County Jail.