Ray County prosecutor quo warranto case set for trial in December

RICHMOND, Mo. — KSHB 41 News anchor/I-Team reporter Sarah Plake is looking for story ideas in Kansas City. Send Sarah an email.

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On Thursday, a judge set the ouster case against former Ray County Prosecutor Camille Johnston for trial on Dec. 8.

The Missouri Attorney General's Office asked Judge Daren Adkins to grant its motion for judgment, which would officially and permanently remove Johnston from office.

Adkins took the judgment motion under advisement.

Thursday's motion hearing was the first in the case that has drawn significant public attention.

In July, the AG's office filed a quo warranto petition to remove Johnston from her position, citing misconduct and conflicts of interest due to relationships with criminal defendants and a local defense attorney. Adkins approved a preliminary order the same day.

Arguments in Thursday's hearing centered on one part of the AG's quo warranto — Johnston's relationship with a criminal defendant, Juan David Gutierrez.

The KSHB 41 I-Team uncovered that relationship in an exclusive investigation last September.

Attorneys for the state argued Johnston had a duty as prosecutor to avoid the appearance of impropriety, so she should have reported Gutierrez after she found out police were investigating him for a sexual assault reported in 2020. Special Prosecutor George Lankford said Johnston instead chose to go on vacation with Gutierrez in 2020 and 2021, which is when he was under investigation.

Additionally, Lankford argued Johnston decided to transfer the title of her truck to Gutierrez in 2023.

Johnston also knew Gutierrez was in the country illegally.

Lankford argued that despite Johnston's claims that her office wasn't involved in the Gutierrez investigation and she didn't know anything about it, she was "given multiple opportunities" to stop the relationship and report Gutierrez to the police.

Gutierrez was eventually arrested and charged in 2024. He is currently awaiting trial on charges of first-degree sodomy or attempted sodomy and second-degree sodomy.

In his arguments to the judge, Johnston's attorney, Chad Gardner, said the appearance of impropriety is a matter of perspective and subjective. As for the truck title, he said there are "a thousand different reasons" why someone would sell their truck and there is no proof that she was trying to help Gutierrez.

Gardner said Johnston did not have a special duty for things she did not know. He also said all the facts are not known yet.

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Both sides agreed to move forward with a bench trial, which is anticipated to only take one day.

However, Adkins could rule on the case before December and it wouldn't go to trial.

Gardner also withdrew a motion to ban public comment on the case.

Gardner and Lankford said they couldn't comment.

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