A state appeals court dismissed a case filed by the daughter of a man killed at his home in 2016.

The appeal for a writ of mandamus, filed by Justice For Ken. et al, was ruled “moot” Tuesday, March 12, because former Franklin County Prosecutor Robert Parks, who was named in the writ, retired from office at the end of 2018.  

Justice For Ken is comprised of his daughter, Kathy Allen, and Vincent Bandermann, Villa Ridge. They are represented by Michael A. Benner, Rocheport, Mo.

The writ sought to have Parks removed from the case against Timothy D. Wonish, 33, Whitney D. Robins, 30, and Blake S. Schindler, 19, who had all been charged in the death of Kenneth Allen Jr.

A motion to dismiss the writ was granted in April 2018 by Judge Darrell Missey, of Jefferson County.

Wonish and Robins were sentenced in October 2018 to seven years in the Missouri Department of Corrections on the charge of involuntary manslaughter.

Allen, 70, was killed Nov. 3, 2016, at his home south of Washington.

A three-day jury trial is scheduled to begin Aug. 27 for Schindler. That case is being handled by Prosecutor Matt Becker who took office in January.

“They had a chance in mid-October 2018 to grant a stay of the criminal hearings which were going to make this moot, our case being collateral damage of that denial,” Kathy Allen told The Missourian. “The court had an opportunity here to move the ball forward, to enable a tool, a pathway to justice for the public good, and they didn’t.”