Brandon Lynn Payne and Dustin Thomas Payne were both arrested and charged with the Class C felony of assault of a law enforcement officer.
The alleged incident occurred on Friday, June 15, around 7:15 p.m. at the entrance to the Mingo National Wildlife Refuge north of Puxico.
When McLeary arrived at the entrance to Mingo, he saw the Jeep and two males, as well as the child. Both Paynes were reportedly drinking beer when the officer arrived.
When McLeary asked about the Jeep, Brandon Payne reportedly answered, "It ain't nothing we can't handle." When asked who was driving the vehicle, neither man would respond.
When McLeary asked for identification, Dustin Payne complied, but his brother refused.
McLeary said he then told the men to stop drinking because he was conducting an investigation.
When the officer returned to his car, both men reached into the vehicle and grabbed fresh beers. At that point, McLeary contacted the Missouri State Highway Patrol for assistance, but they were still several miles out.
He than asked Dustin Payne to come to the back of his vehicle and put his beer down, and Dustin complied. When he asked Brandon Payne to do the same, he refused. McLeary then grabbed Brandon's beer and Payne began cursing and punching his vehicle.
"He stated that if I wasn't wearing my badge, he would kill me," the report states.
Due to his anger, McLeary told him to put his hands behind his back and calm done.
He came at McLeary with his fists up while saying he would "rip him apart".
At that point, the officer grabbed his mace from his belt and shot "a single line" to his face. At that point, Brandon Payne stopped walking and grabbed his face. McLeary seized the opportunity to get handcuffs on him.
Dustin Payne then began walking to the officer, cursing as he came. McLeary repeated his order twice before Payne began screaming and doubled his fists.
He then told the officer to "Go to hell," and continued coming toward him. McLeary then maced him as well.
By then, Brandon Payne had again made his way to his feet, so McLeary "took him back to the ground."
Brandon then began asking his son (the child in the vehicle) to help him up and, as a result, the child became contaminated with the mace as well.
At that point, the officer called for an ambulance to come tend to the men and the child.
Both men were taken to the Stoddard County Jail where they were officially charged.
Both remain in jail awaiting arraignment before Judge Joe Satterfield.
B. Payne's bond was set at $12,500 cash and D. Payne's bon was set at $25,000 cash.