Friday 23 June 2000 Death penalty being considered on suspects involved in shooting death of two jailers By Chuck Embree/Index Managing Editor Arraignments were held this morning before Randolph County Associate Circuit Court Judge James Cooksey for two suspects involved in the Thursday shooting death of jail guards Leon Egley and Jason Acton. Dressed in dark red jumpsuits wearing handcuffs and leg shackles, and no shoes, Michael Tisius and Tracie Ann Bulington heard charges filed against them by Mike Fusselman, prosecutor, and told Judge Cooksey they will seek the counsel of a public defender. Tisius, 19, Moberly, is charged with two counts of first-degree murder and armed criminal action. Bulington, 27, of LaPlata, who was a Westran High School graduate and had lived in Huntsville, is charged with two counts of second-degree murder, armed criminal action, burglary and aiding the escape of a prisoner. There was no bond set on the suspects. Tisius and Bulington were transported today to Marion County Jail in Palmyra. A preliminary hearing date has not been set pending consultation with attorneys. Judge Cooksey said the hearing could take several days due to a large case load being handled in the court system. If convicted, the sentence for first degree murder charges are 15 years to life in prison or even death. Second degree murder charges have a sentence of 5-15 years in prison. Following the arraignment, Fusselman said there is a strong likelihood charges will be upgraded on the two suspects and additional charges will be filed against other individuals. Because he is still reviewing evidence in the case, Fusselman said he has not made any decision on whether to seek the death penalty on the suspects. But he did say seeking the death penalty is being highly considered. A former Moberly police officer, Fusselman said the murder committed against the officers does not necessarily motivate him to prosecute this case more than any other case when there is a victim in any case. "Obviously, most people in my position feel like an activeness particularly nature. This was a completely senseless act taken on guards," said Fusselman. "This was a very stupid act." Sheriff Don Ancell said shortly before 12:30 a.m. Thursday, the suspects entered the Huntsville jail apparently trying to break a friend, Roy Vance of Macon, out of jail allegedly shot to death jailers Leon Egley, 33, and Jason Acton, 36. Both officers were unarmed. The gunfire assault on local law enforcement officers in this community of the county seat comes just 16 months after two Georgia state prison fugitives, Donnie Fisher and Roy Sanford, entered into a gunfire exchange which wounded five officers. Coincidentally, the Feb. 25, 1999 gunfire exchange in Huntsville also happened to occur on a Thursday morning. According to Randolph County Circuit Court records, sheriffs deputy Willie White returned to the county jail from a previous assignment and approached the front door of the jail when he heard a loud, slam-like noise. Upon closer examination, White said he saw Tisius standing near the dispatch counter and discharging a handgun at Leon Egley and Jason Acton. The report said White heard Tisius giving Bulington directions to retrieve keys to the jail cell doors, and the suspects then went into the cell area. White then went around the outside the facility and unsuccessfully attempted to enter the back door that was locked. White then ran a short distance to the home of another deputy seeking assistance and when the officers arrived back to the scene, the suspects had fled. The bodies of Egley and Acton were found with a gunshot wound to each of their heads. Egley also had multiple gunshot wounds to his body. Randolph County Coroner John Gibbs ordered an autopsy be performed yesterday by Dr. Jay Dix of Boone County. Gibbs said the autopsy report confirmed Egley and Acton died because of wounds to the head. Authorities learned from interviewing witnesses and inmates that Tisius planned a jail escape of Bulington's boyfriend, Roy Vance, 27, of Macon, when the friends were incarcerated in the same cell last month. Fusselman said Tisius recently was released from the Randolph County Jail after serving the remainder of a 60-day sentence for a probation violation on a stealing offense. His probation was revoked May 22, 2000. Vance was awaiting revocation of his probation and sentencing on new burglary, and stealing offenses from Randolph County said Fusselman. Although charges were pending on a change in venue in Macon County, Vance had been transferred to Randolph County Jail after an attempted escape in Macon said Fusselman. Macon County Sheriff Robert Dawson said while incarcerated in Macon, Vance was caught digging through his cell wall. This prompted him to be transferred to Randolph County. Dawson said Vance has a long string of criminal convictions dating back to 1991 and repeatedly been in and out of jail for the past seven-to-eight years. Among the charges Vance has faced are passing bad checks, burglary and stealing. The court records said "Specifically, there were discussions about acquiring a firearm to facilitate Vance's breaking out of jail." County prosecutor Mike Fusselman said two witnesses reported meeting Tisius around 5:30 p.m. on Wednesday when he explained how he was to bust out Vance from the jail. Seven hours later Tisius and Bulington allegedly entered the jail, and shots were fired from a .22-caliber handgun at close range on the two unarmed deputies. Fusselman said this morning that the planned activities of how the jail break would occur before a number of witnesses should have been brought before law enforcement officers by witnesses who said they were aware of Tisius' and Bulington's plans. "I think (officers) could have been notified earlier, but for some reason, people chose not to do that," said Fusselman. "Now these witnesses are looking for a sweet heart of a deal. They will not get that from me." Authorities placed an APB to officers in Missouri, Iowa and Kansas describing the suspects and about nine hours after the bodies of Egley and Acton were found at 12:30 a.m. yesterday, the suspects were apprehended in Wathena, Kansas. A police officer in Doniphan County spotted the suspects walking along U.S. 36 in Kansas located about 130 miles west of Huntsville, just minutes after reviewing the APB news release. The couple was arrested without incident. Thursday afternoon, both suspects waived extradition and were transported by local authorities last night to the Moberly City Jail. Death penalty being considered on suspects involved in shooting death of two jailers