On Wednesday, Jan. 16, the State of Missouri through Cedar County Prosecuting Attorney Rick Pohlsander entered a nolle prosequi of (dismissed without prejudice to refiling) two alternative counts of the class C felony of assault in the second degree involving Cheryl A. Pfeifer’s operation of the vehicle that drove over Charles “Pork” Price, 30, on May 5, 2011.
In his press release, Pohlsander said he dismissed the charges because he did not find sufficient evidence to prove beyond a reasonable doubt that Ms. Pfeifer either acted with criminal negligence while operating a motor vehicle while intoxicated, causing physical injury to Mr. Price, or, in the alternative count, recklessly operated a motor vehicle causing serious physical injury to Mr. Price.
By entering a nolle prosequi, the State leaves open the possibility of re-filing charges should additional evidence come to light to warrant re-filing. The statute of limitations for felony offenses allows the State to file charges within three years of the date of the offense.
Ms. Pfeifer, through her attorney, Matt Lowe, pleaded guilty to the Class B misdemeanor of failure to register a motor vehicle in the same incident and was ordered to pay the standard fine and costs of $95.
According to the report by Highway Patrol Sgt. Gary W. Riggs, the vehicle stopped on a county road on Saturday, May 5, 2011, and the occupants exited the vehicle. When the occupants returned to the vehicle, Price laid down in front of the vehicle. The report said that the driver, Ms. Price, was not aware of it and ran over him.
Price reportedly is now a resident of a health care facility.