Former Independence mayor sues city, former police officer, for allegedly setting him up for OWI arrest

The former mayor of Independence is suing the city and a former police officer over an alleged 'set up” to have him arrested for drunken driving in 2013, according to the lawsuit filed last month in Buchanan County District Court.

Former Mayor Carl Scharff claims in the suit due process was violated, evidence was withheld, intentional infliction of emotional distress, false arrest, and malicious prosecution. The suit contends David Winger, while employed as a police officer, enlisted his girlfriend Mikeala Voshell to set up Scharff by asking him to meet her, ply him with alcohol, and then she would call Winger to pull over the mayor for drunken driving. According to the suit, Winger came up with the scheme to have Scharff removed from office for misconduct or to cause a scandal that would prevent Scharff from being re-elected.

Thomas Frerichs, Scharff's attorney, said Wednesday he couldn't comment at this time.

Independence City Attorney Carter Stevens also declined to comment Wednesday.  

According to the suit, Winger instructed Voshell to send a Facebook 'friend request” to Scharff and then persuaded him to meet her in person to talk about her problems. Winger told the woman to encourage Scharff to drink and say negative things about Winger into a recording device he gave her.

According to the suit, Scharff, who suspected he was being set up, agreed to pick up Voshell Feb. 26, 2013. Voshell handed Scharff a beer when she got in the car and continued to persuade him to drink, but he was suspicious and 'secretly” poured out the alcohol. During this time, Voshell stayed in contact with Winger, who coached her through phone calls and texting, the suit contends.

Voshell then asked Scharff to go to a bar where she continued drinking but he didn't, according to the lawsuit. Voshell told Winger at some point that Scharff was likely over the legal limit to drive and Winger told Voshell to get Scharff to drive her to a church parking lot.

Voshell told Scharff she was meeting a 'friend” at the parking lot who was going to give her a ride home, according to the suit. Winger was the friend who pulled up in his police vehicle. When Scharff got out of the car, Winger claimed he could smell alcohol on his breath and his speech was slurred. Winger detained Scharff for an alcohol breath test.

Winger then requested a state trooper conduct a field sobriety test at the jail, but Scharff passed all the tests, according to the suit. The trooper in his report stated Scharff didn't smell of alcohol and had 'good speech.”

But Winger issued Scharff a ticket for possessing an open alcohol container despite the tests, according to the suit. Voshell was also tested and she had a BAC of 0.07 but wasn't cited.

Independence Police Officer Darwin Meyer then conducted an investigation into the citation but Winger denied his involvement and Voshell denied having a current relationship with Winger and that he planned to get Scharff in a comprising position. The department obtained cell records between Winger and Voshell from that night, which showed 13 phone calls and 26 text message between the two. When the two were confronted they denied setting up Scharff.

The citation issued to Scharff was dismissed but Scharff lost his bid for re-election Nov. 5, 2013.

In January, 2014, Voshell told another person about being involved in setting up Scharff for Winger and then Voshell admitted the incident to a licensed private investigator. The investigator's report is included as an exhibit in the lawsuit.

According to the lawsuit, this is the latest incident between Scharff and Winger who have had issues in the past.