defense attorney Kevin O’Brien

Prosecutors and defense attorneys clash in court in case involving Columbia doctor charged with rape

January 30, 2023 By Brian Hauswirth

A Boone County judge has set bond at $1-million for 37-year-old Dr. Travis Birkhead of Columbia (October 2022 mug shot courtesy of the Boone County Sheriff’s Department website)

Bond has been set at $1-million cash-only for a Columbia physician charged with raping a woman he met at a bar in October.

939 the Eagle News was in the courtroom for Friday afternoon’s emotional bond review hearing for 37-year-old Dr. Travis Birkhead, who also has ties to eastern Missouri’s Troy. Prosecutors say Birkhead met a woman in October at the Black and Gold tavern on Columbia’s Business Loop, and later raped her. Prosecutors describe Birkhead as a danger to the community.

Defense attorney Kevin O’Brien disagrees. Counselor O’Brien tells Judge Kevin Crane that the woman wouldn’t leave Birkhead’s house that night, saying she “went crazy.” O’Brien says there was no sexual assault and that Birkhead had to call Columbia Police to ask the woman to leave his home. Counselor O’Brien requested a bond reduction or for Birkhead to be released on his own recognizance. O’Brien tells the court that Dr. Birkhead’s home plan is in eastern Missouri’s Troy, near Wentzville. He says Birkhead wouldn’t have contact with the victim because he would be in Troy.

Boone County prosecutors tell Judge Crane that the victim is afraid Birkhead will come after her if he’s released, adding that he has a history of threatening people.

Friday’s hearing ended with Dr. Birkhead crying on video and telling the court he can’t afford a $1-million bond. He also says he’s missing his children’s birthdays. Defense attorney O’Brien told his client not to speak, saying he would handle speaking in court. But Birkhead continued and sobbed.

“Get him out of here,” Judge Crane then ordered bailiffs at the jail. Judge Crane sets bond at $1-million cash-only, and that bond includes several conditions such as no contact with the woman.

Prosecutors also say Birkhead is facing separate harassment charges in a case involving his ex-wife. Prosecutors tell Judge Crane that the ex-wife is terrified of Birkhead.

High-profile Columbia murder trial to begin February 27

January 20, 2023 By Brian Hauswirth

41-year-old Keith Comfort’s jury trial is set to begin on February 27, 2023 (undated file photo courtesy of the Boone County Sheriff’s Department website)

A Boone County judge says 75 to 80 potential jurors will be called to the Boone County Courthouse for late February’s jury selection in a high-profile Columbia murder trial.

41-year-old Keith Comfort is charged with second degree murder for the 2006 death of his wife. Prosecutors say Comfort strangled his wife before putting her body in a garbage bag and throwing it into an apartment dumpster on Amelia street.

939 the Eagle News was in the courtroom for Thursday’s hearing. Judge Jeff Harris told Boone County assistant prosecutor Susan Boresi and defense attorney Kevin O’Brien that Comfort’s five-day jury trial is set to begin on February 27.

Prosecutor Boresi told Judge Harris in open court that she’s recovering from surgery, but should be ready to go for Keith Comfort’s February 27 trial. Ms. Boresi tells Judge Harris she may need a device to assist her with walking during February’s jury trial.

Megan Shultz’s body was located in Columbia’s city landfill years later, after a lengthy search by Columbia Police.

The Columbia Police Department’s probable cause statement quotes Comfort as telling police that his wife was frantic and “swinging” her arms at him, after she allegedly did a drug transaction. Comfort is quoted as telling detectives that he strangled his wife before placing her body in a garbage bag, then throwing it into his Amelia street apartment dumpster. That’s near Old Highway 63 and the Columbia Country Club.

Sentencing postponed in Columbia kidnapping and sexual assault case

November 1, 2022 By Brian Hauswirth

26-year-old Xavier Blake Gee has been convicted of seven felony counts (2022 photo courtesy of the Boone County Sheriff’s Department website)

Sentencing has been delayed for a Columbia man convicted of robbing and sexually assaulting two area sex workers in separate incidents.

26-year-old Xavier Gee was set to be sentenced Tuesday afternoon, but it’s been continued until later because Boone County Circuit Judge Jeff Harris cannot appear in-person today. The sentencing hearing will be rescheduled.

A Boone County jury is recommending a 67-year prison sentence for Gee. The jury convicted Gee of seven felony counts, including kidnapping, first degree rape and first degree sodomy.

Prosecutors say Gee recorded one of the sexual assaults on his phone. 939 the Eagle News was in the courtroom for the trial when a television monitor was turned around to face the jury, Judge Harris, Boone County assistant prosecutor Nick Komoroski and defense attorney Kevin O’Brien. The video was played in court, and a 939 the Eagle reporter could only hear audio. Gee wrote notes on a notepad, as the video played in court.

Gee took the witness stand during the trial’s penalty phase, saying he is remorseful and that his actions were due to his significant drug use at the time.

Columbia man faces potential life sentence for sexually assaulting two women

September 15, 2022 By Brian Hauswirth

A Columbia man is facing a lengthy prison sentence after being convicted on all seven counts involving the robbery and sexual assaults of two sex workers in separate incidents. The incidents happened in December 2020 and January 2021.

A Boone County jury deliberated for two hours-and-15 minutes on Wednesday before returning guilty verdicts against 26-year-old Xavier Gee, including kidnapping, rape and sodomy. 939 the Eagle News was in the courtroom for all three days of the trial, including during Wednesday’s penalty phase. One of the victims took the witness stand and turned her chair toward Gee and looked straight at him as she spoke.

“You took my life away from me. I hope you beg for your life the way you made me beg for mine,” the woman testified. Gee looked down at a table as she spoke.

Gee also took the stand during the penalty phase, telling Boone County Circuit Judge Jeff Harris and the jury that he is remorseful. He apologized and blamed his actions on his drug use. He testified that he held jobs at the Fieldhouse, Flat Branch Pub and Brewing and at the Columbia Boys and Girls Club before the pandemic. But he says he began using drugs during the pandemic and blamed drugs for what happened, saying he’s not that person anymore.

Boone County assistant prosecutor Nick Komoroski spoke to the jury after that, saying Gee’s comments weren’t an apology and describing Gee as manipulative. Prosecutor Komoroski says Gee’s actions were egregious, saying both victims thought they would be murdered. One was placed in a trunk after being kidnapped.

Gee wore a black dress shirt and dark pants in court on Wednesday. He testified that he attended Ladue high school near St. Louis and went to Mizzou to study broadcast journalism. He had hoped to be on television one day. He had no family in the courtroom. His girlfriend, a Columbia nurse, was in the courtroom and testified during the penalty phase. She asked the jury for mercy.

Judge Harris will sentence Gee later this fall.

Closing arguments to begin Wednesday in Columbia kidnapping and sexual assault trial

September 14, 2022 By Brian Hauswirth

Boone County prosecutors have charged 26-year-old Xavier Blake Gee with 11 felonies, including kidnapping and four counts of sodomy or attempted sodomy (2022 photo courtesy of the Boone County Sheriff’s Department website)

A Boone County jury watched a video in open court on Tuesday afternoon that was recorded by a Columbia man on trial for robbing and sexually assaulting two sex workers.

26-year-old Xavier Blake Gee is charged with 11 felonies, including kidnapping and four counts of sodomy.

Prosecutors say Gee recorded one of the alleged sexual assaults on his phone.

939 the Eagle News was in the courtroom again on Tuesday when a television monitor was turned around to face the jury, Boone County Judge Jeff Harris, Boone County assistant prosecutor Nick Komoroski and defense attorney Kevin O’Brien. The video was played in court, and a 939 the Eagle reporter could only hear audio. Gee wrote notes on a notepad, as the video played in court.

Gee declined to take the witness stand on Tuesday. Closing arguments are set to begin this (Wednesday) morning, after Judge Harris finishes jury instructions.

Defense attorney O’Brien has questioned the credibility of one witness, noting she didn’t tell CPD that she was a sex worker when she called them after the December 2020 incident at Columbia’s Motel 6. The woman admitted under cross-examination that she had used fentanyl around the time of the incident, but emphasized to the jury that she had not used drugs that evening.

The jury is expected to get the case later today.