DALLAS COUNTY, Mo.- An attorney for one of the men accused of kidnapping Cassidy Rainwater is preparing for a criminal hearing this week by filing new motions.
Court documents show a motion to compel and a motion for bond reduction were filed by Samuel Gearhart, a co-counsel for James Phelps. Now a bond has not been set for Phelps, but OzarksFirst anticipates these motions will be discussed on November 19 during a court appearance. Phelps was assigned a new judge on November 1.
Timothy Norton, the other man charged, will appear in court on November 23.
Phelps and Norton were arrested in September and charged with the kidnapping of Rainwater. Rainwater was last seen in July and was reported missing in late August.
Court documents accuse Phelps and Norton of holding Cassidy Rainwater in a cage on Moon Valley Road near Windyville, Missouri. According to court documents, on September 16, the Dallas County Sheriff’s Office was contacted by an FBI agent in Kansas City about an anonymous tip. The tipster advised there was a photo showing a missing person, Cassidy Rainwater, being held in a cage in a partially nude state.
On September 1, a detective spoke to Phelps at his home in Lebanon. He said that Cassidy had been staying with him until she could get back on her feet, court records say. He said she had been talking about going to Colorado.
According to court documents, Phelps told the detective that about a month prior, Cassidy left in the middle of the night and met a vehicle at the end of the driveway in the dark and had not been seen or heard from since. The detective noticed the loft on the property looked like it had been “stripped,” and they did not notice any belongings of Cassidy’s at the loft at that time.
On September 16, investigators received a search warrant for James Phelps’ cell phone, and court records say they found seven photos of Cassidy Rainwater partially nude being held in a cage on his property on Moon Valley Road in Lebanon in Dallas County.