A Macon man faces two felony charges after a Macon County sheriff’s deputy reported watching him climb over his passenger to trade seats when the patrol car came into view Monday afternoon.
Emil Kristian McKim, 33, of Macon, is charged in Macon County Circuit Court with driving while intoxicated as a chronic offender, a class C felony, and driving while revoked, a class E felony. Judge Kristen Burks issued a warrant Tuesday with bond set at $25,000 cash only.
According to the probable cause statement filed by Deputy James Ligon, he and Deputy Endre Jefferson were responding about 3:36 p.m. Oct. 19 to a report of trespassing in progress.
Ligon reported seeing a white and camouflage Mitsubishi Eclipse heading toward his patrol vehicle. When the driver saw the patrol car, Ligon wrote, he pulled into a private driveway, and the driver and passenger switched places with the driver climbing over the passenger.
The driver of a white truck behind the car pointed it out as the vehicle involved in the trespassing. Ligon stopped the car after it went a short distance. Jefferson took the passenger, identified as McKim, out of the car and placed him in handcuffs.
The woman behind the wheel told Ligon she had been driving the whole time, and she kept to that after Ligon told her he had watched the two switch seats, the report states.
Ligon reported a strong odor of alcohol coming from McKim and that his eyes were watery. A records check showed McKim’s license was revoked. According to the report, McKim has four prior convictions for driving while revoked or suspended since 2017 and four prior DWI convictions since 2022, and he was on state probation or parole for a 2026 conviction as an aggravated DWI offender.
McKim denied driving throughout the encounter. Sgt. Landorf of the sheriff’s office reviewed surveillance video from Ronnie’s Garage, which the report says confirmed McKim was driving before the seats were switched.
McKim was taken to the Macon County Jail, where Cpl. Walton of the Missouri State Highway Patrol read him Missouri’s implied consent law and asked him to take a breath test. McKim refused. After a Miranda warning, McKim told Walton he had been drinking but said he was not driving, according to the report.
The probable cause statement lists a third offense, concealing a felony, that does not appear among the charges filed with the court.
Macon County Prosecuting Attorney Joshua Meisner filed the case. No defense attorney was listed on Case.net as of Tuesday.
A criminal charge is only an accusation. McKim is presumed innocent unless and until proven guilty in court.