State of Missouri v. George F. Putney

473 S.W.3d 210, 2015 Mo. App. LEXIS 1108
CourtMissouri Court of Appeals
DecidedOctober 27, 2015
DocketED102420
StatusPublished
Cited by21 cases

This text of 473 S.W.3d 210 (State of Missouri v. George F. Putney) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Missouri v. George F. Putney, 473 S.W.3d 210, 2015 Mo. App. LEXIS 1108 (Mo. Ct. App. 2015).

Opinion

KURT S. ODENWALD, Judge

Introduction

Appellant George Putney (“Putney”) appeals from the judgment of the trial court entered following a bench trial: The trial court found Putney guilty on two counts: .leaving the scene of a motor vehicle accident (Count I) and first-degree involuntary manslaughter (Count II). Putney argues that the trial court erred in denying his motion for judgment of acquittal. Putney contends there was insufficient evidence to find, beyond- a reasonable doubt, that he was driving while in an intoxicated condi *212 tion at the -time of the accident. Accordingly, Putney argues that his conviction under Count II should be overturned. Because the evidence and reasonable inferences- therefrom, though circumstantial, are sufficient to support a finding that Putney operated his vehicle while in an intoxicated condition at the ' time of the accident, we affirm the judgment of the trial court.

Factual and Procedural History

On January 26, 2012, Putney went to Arena Bar for lunch around noon. Arena Bar was located at the 6600 block of West Park in the City of St. Louis. Lisa Kehm (“Kehm”) owned the bar with her husband. Kehm waited on Putney that day, Kehm recognized Putney as she had known him for twenty years, was one of his good friends, and Putney was a regular customer at the bar. Kehm served Putney two cans of Pepsi and lunch. Kehm denied serving Putney any alcohol. Kehm also stated that no one else served Putney alcohol while she was at the bar. Kehm left the bar after’her shift, which ended about 2:00 or 2:30 P.M. Putney was still at the bar when Kehm left. Putney’s credit-card receipt from that afternoon was timestamped at 4:11 P.M. While the receipt was not itemized, Kehm testified that Putney’s lunch would have cost $10, and his two sodas were $2 each, for a total of around $14. According to the receipt, Putney’s bill was $33.40. At the time, a glass of beer was $3, and mixed drinks were $4.25. There was no testimony as to what Putney consumed after Kehm left around 2:30 P.M.

Putney was later seen a short distance away at St. James the Greater Catholic Church, in the Dogtown neighborhood of the City of St. Louis, coaching youth basketball. Putney conducted the practice in his dress shirt, dress slacks, and dress shoes. Susan Faccaro (“Faccaro”), the mother of a child on the team, was at the practice and noticed Putney demonstrating basketball moves. At one point, Faccaro saw her son on the ground and Putney standing over him. Another time, she saw Putney blocking Emeric, another boy on the team, to the ground. Faccaro noticed Putney was having an obvious problem with his balance during the practice and was more “aggressive” and “physical” with the ten-year-old boys than usual. In a discussion after practice, Faccaro found Putney to be more “happy” and “excitable” than usual, though she had only talked to ’ him a few times. Putney was talking fast and repeating himself. Faccaro thought Putney was “acting weird.” Faccaro and Chris Prichard (another parent) pulled Emeric’s father, Joseph Finn (“Finn”), aside. According to Finn, Faccaro and Prichard “brought up that they thought [Putney] perhaps was intoxicated.” Finn was not at the basketball practice but he arrived after practice to pick up his son. Finn interacted with Putney and noticed a “tint” of alcohol on Putney’s breath. Finn did not notice anything unusual about his demeanor and did not believe Putney was drunk. Putney told another basketball coach that he was going back to Arena Bar at approximately 5:35 P.M.

Eliza Coriell (“Coriell”) was also a server at Arena Bar. Coriell testified that she started her shift around 6:15 P.M. She could not remember whether Putney was there when she began her shift. Coriell did not serve Putney any drinks, but did remember serving him water. Coriell did not notice anything unusual. At some point, Putney left Arena Bar and stopped by Jack in the Box. A Jack-in-the-Box receipt found in Putney’s vehicle was timestamped at 7:23 P.M.

At .approximately 7:35 P.M., Kayla Taylor (“Taylor”) was driving eastbound on *213 Clayton Road, near Mason Road in west St. Louis County. Taylor saw a sudden movement from a westbound vehicle. The westbound vehicle, a GMC Envoy, trav-elled into the eastbound lane. Taylor did not see the actual collision because her view was obscured by the vehicle in front of her, but the westbound Envoy collided with an eastbound Volvo in the eastbound lane. Mark Cusumano (“Cusumano”) was a passenger in a vehicle near the scene. Cusumano immediately exited his vehicle and approached the accident scene. The driver of thé Volvo (“Victim”) was nonre-sponsive. Cusumano testified that the driver of the Envoy repeatedly tried to start his engine. Concerned that starting the Envoy would ignite spilled fluids at the accident scene, Cusumano yelled at the driver to stop. Several other bystanders also attempted to stop the driver. The driver managed to start his engine and drove westward, slowly. The driver nearly hit Cusumano’s vehicle while leaving the scene. Cusumano identified Putney as the driver. ■

■ Putney drove for a short distance westbound on Clayton Road until he again crossed over the center line. Putney’s vehicle came to a rest, facing westbound, in a drainage ditch on the eastbound side of the road. Three witnesses testified that they saw Putney around this time. Joshua Le-vey (“Levey”) knew Putney personally through business. Levey first saw Putney in his vehicle just after the accident; Put-ney appeared to be driving away. Levey, who made a U-turn to go a different route because traffic blocked the road, noticed the same vehicle stopped on the side of the road. Andrew Purtell (“Purtell”) was also a motorist in the area. He noticed a man in dark pants and a dress shirt running away from the accident on the side of the road towards Weidman Road. Purtell had to swerve to avoid hitting the man. Kathleen Kramer-Smith (“Kramer-Smith”), was headed east on Clayton at around 8:00 P.M. Kramer-Smith noticed a man in a grassy area wearing a dress shirt and slacks. Kramer-Smith testified:

Well, what caught my attention mainly was the manner in which [the man] was moving. He was very — [h]e seemed dis- . tressed, and he was moving in a rather awkward fashion. His hands were kind of up, like he was bracing for a fall. Not real controlled is what I thought. And there was kind of a teetering in his walk, a fast-paced walk.... Side to side.

Police officers arrived on the scene about. 7:40 P.M., roughly five minutes after the accident. The officers found the Volvo still sitting in the eastbound lane on Clayton Road, and they found the Envoy a short distance away in a drainage ditch. Police found Victim inside the Volvo. Victim was non responsive at the scene, and was pronounced dead at the hospital. The cause of death was blunt trauma to the chest.

Detectives, accident reconstructionists, and crime-scene technicians soon arrived to reconstruct the scene. Road conditions were dry that night. The technicians found fluid spots at the scene of the accident. The Volvo had heavy front-end damage. The Envoy also had significant front-end damage, but the tires were still inflated and ip good condition. The speed limit on Clayton. Road, a two-lane road with little shoulder, was. thirty-five miles per hour.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Missouri v. Scott Alan Schwarz
Missouri Court of Appeals, 2024
State of Missouri v. James Kip Wilson
Missouri Court of Appeals, 2024
State of Missouri v. Clifford D. Parrish
Missouri Court of Appeals, 2024
State of Missouri v. Jesse M. Jansen
Missouri Court of Appeals, 2023
State of Missouri v. Ashley Colville
Missouri Court of Appeals, 2023
State of Missouri v. David Scott Nowicki
Missouri Court of Appeals, 2023
State of Missouri v. Noah Abram Kelliker
Missouri Court of Appeals, 2020
State of Missouri v. Lance M. Swalve
Missouri Court of Appeals, 2020
STATE OF MISSOURI, Plaintiff-Respondent v. ANGALINE RYAN
576 S.W.3d 326 (Missouri Court of Appeals, 2019)
State of Missouri v. Rachel A. Kinsella
578 S.W.3d 802 (Missouri Court of Appeals, 2019)
State of Missouri v. Peter Daniel Rastorfer
574 S.W.3d 282 (Missouri Court of Appeals, 2019)
State v. Armstrong
560 S.W.3d 563 (Missouri Court of Appeals, 2018)
State v. Dixson
546 S.W.3d 615 (Missouri Court of Appeals, 2018)
State v. Lopez
539 S.W.3d 74 (Missouri Court of Appeals, 2017)
State v. Jones
519 S.W.3d 818 (Missouri Court of Appeals, 2017)
State v. Hightower
511 S.W.3d 454 (Missouri Court of Appeals, 2017)
State v. Banks
511 S.W.3d 463 (Missouri Court of Appeals, 2017)
State of Missouri v. Leslie M. Baker
499 S.W.3d 730 (Missouri Court of Appeals, 2016)
State of Missouri, Plaintiff/Respondent v. Farrell Wayne Cross
497 S.W.3d 271 (Missouri Court of Appeals, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
473 S.W.3d 210, 2015 Mo. App. LEXIS 1108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-missouri-v-george-f-putney-moctapp-2015.