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The Interesting Case Of David Riley; The Arrest – Part (1)

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After much thought and consideration, I have decided to do something that I would not normally do. I typically don’t share my cases with the public. In this particular case, I believe that the public needs to be made aware of how an innocent person can be coerced into entering a plea to a charge that they are actually not guilty of. I believe that it is necessary to show these types of flaws in our Judicial System so that perhaps something can be done to correct them.
This post is about David Riley, a resident of Columbia, Missouri. Now before I go any further, I want to say a few things about David Riley. David Riley has had a rough life all of his life. David came up as an abused child and has made some bad decisions in his life, that have had some bad consequences for him. David Riley is not what one would call a “personable fellow”, he is “stand-offish”, and has a “rough exterior”. It is easy to want to dislike David Riley. But at the core of his personality, despite his exterior he is a generous person that does care about others. Make no mistake, if you were to meet David Riley and talk to him for just ten minutes, you’d probably come away not liking him. But you also would not have an accurate read on who David Riley really is.
On 09/29/2009 David Riley and Desiree Kemp went to the Ultra Mart at 2102 Paris Rd., Columbia, MO. 65202 to buy beer. David Riley had been drinking alcoholic beverages throughout the day. David seemed to be intoxicated, but he was not doing anything illegal. David had a designated driver that was sober. This was just a typical day for David Riley. He had been working at this car lot, had gotten off of work, started drinking, ran out of beer and went to the store to buy more beer. David Riley had a financial means to purchase his beer; he purchased his beer with a credit card. David Riley was not “broke” or “poor” by any means, he lived an above middle class lifestyle. On this night David Riley became the victim of what appears to have been an overzealous Police Officer that seems to have made some mistakes this night in question. Below is an inaccurate article from the Columbia Daily Tribune about what happened to David Riley that fateful night:

Undercover Officer Target Of A Holdup

David Riley

David Riley After Arrest On 09/29/200

A man leaving a Columbia convenience store Monday night tried to rob another man of his wallet. But the intended victim was an undercover Columbia police officer who was preparing at about 11:30 p.m. to check for alcohol sales compliance at the Ultra Mart Convenience and Liquor Store, 2102 Paris Road.

The unidentified officer drew his firearm and displayed a police badge, police said, but the suspect refused to cooperate. Other officers arrived and arrested David W. Riley, 30, of 3600 Highway 163 on suspicion of resisting arrest and second-degree robbery. Riley was charged with both offenses yesterday, and bond was set at $50,000.
Now I know that on the face, this article makes David Riley look like some sort of a “thug”; but understand that this article is not accurate. If you will continue reading this I think I can give you an alternate view of what happened that night.

First let me make my allegations as to what happened and what did not happen that night:
(1) David Riley was drunk and belligerent that night.
(2) David Riley DID make an intimidating comment to the Undercover Officer that night.
(3) David Riley NEVER at anytime attempted to rob this Officer.
(4) David Riley initially believed that he was being robbed at the beginning of this incident.
(5) David Riley was completely compliant with this Officer’s commands once he realized that this was a Police Officer.
(6) David Riley at no time attempted to resist arrest.
(7) The Officer exceeded his authority as a Police Officer.
(8) The Officer  did not identify himself as a Police Officer until after David Riley was already face down on the ground in complete compliance with the Officer.
(9) The Officer did not even attempt to handcuff David Riley while he was face down on the ground to try to safely control this situation.
(10) The Officer DID kick David Riley while he was on the ground and in complete compliance with his commands, so hard that it rolled David Riley over and fractured David Riley’s arm.
(11) After the Officer’s back up arrived, the Police Officers from the Columbia Police Department proceeded to beat David Riley so bad that they gave him a concussion, a black eye, and an even further fractured arm.
Okay, for right now, I am just going to try to prove up these allegations as they pertain to the specific incident that occurred on the night of 09/29/2009.
Now to see what really occurred, watch the video at this link: David Riley Arrest Video
Here is a picture that was taken of David Riley about five hours after this incident occurred:
David Riley After Arrest

David Riley Approximately 5 Hours After Arrest

A key element of this case is what was actually communicated between David Riley and the Officer the night this incident occurred. The Officer claims that David said “Give me your wallet”, which could make David Riley culpable for the charge of Attempted Robbery. One important note to make here is that both the Officer and the informant that he was using to perform these alcohol compliance checks were wired for sound when this incident occurred. MYSTERIOUSLY, the audio recording from the informant was erased, and the Officer’s recording was unintelligible, and could not be clearly heard. Which would normally make this a situation of the Officer’s word against David Riley’s word. But, not so fast……..
David Riley claims that the Officer, who was working in plain clothes and undercover that night was staring him down and said something to him, for which David Riley claims he responded with “What in the fuck are you looking at”? Now typically, we would be inclined to believe the Police Officer over a person that was intoxicated and clearly rude to the Officer. But in this case there is further evidence that supports what David Riley claims happened. Remember that David Riley had another person with him? Remember that she was in the car with the windows down and the door opened when this verbal exchange took place between the Officer and David Riley? Well this person with David Riley is a lady named Desiree Kemp; and Desiree was close enough to clearly hear the words that were being exchanged between the Officer and David Riley.
Below is a three page witness statement given by Desiree Kemp and the recorded audio interview between RMRI, Inc. P.I. Karen Giboney and Desiree Kemp.
Desiree Kemp Statement Page 1

Desiree Kemp Witness Statement Page 1

Desiree Kemp Statement Page 2

Desiree Kemp Witness Statement Page 2

 Desiree Kemp Statement Page 3

Desiree Kemp Witness Statement Page 3

Click Here To Listen To The Desiree Kemp Interview: Desiree Kemp interview 10 07 2009
For now, I think the reader can see that there is a little more to this case than what the public has been made aware of. I am going to present this case in segments. This is the first segment titled “The Interesting Case Of David Riley; The Arrest” and I will be adding more information to this first segment in the near future. The next segment will be titled “The Interesting Case Of David Riley; The Prosecution” and we’ll examine some of the “dirty tricks” the Prosecutor used to scare David Riley into this ridiculous plea. It is my belief that what the prosecutor did in this case was so egregious that it bordered on Prosecutorial Misconduct!
Stay tuned.
Now read our follow up to this post at: The Interesting Case Of David Riley; The Arrest – Part (2)
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Written by Rick Gurley

August 12, 2010 at 2:35 PM

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