In the Missouri Court of Appeals Eastern District DIVISION THREE
STATE OF MISSOURI, ) No. ED107999 ) Respondent, ) Appeal from the Circuit Court of ) St. Charles County vs. ) 1611-CR04052-01 ) LARRY E. NORTHCUTT, ) Honorable Deborah J. Alessi ) Appellant. ) Filed: September 29, 2020
Angela T. Quigless, P.J., Kurt S. Odenwald, J., and James M. Dowd, J.
OPINION
Larry Northcutt was convicted following a January 2019 jury trial in the Circuit Court of
St. Charles County of one count of murder in the first degree, § 565.020,1 and one count of
armed criminal action, § 571.015, in connection with the July 23, 2016 stabbing death of Victim
Chris Gernigan. In this appeal, Northcutt raises two claims of trial court error. In Point One,
Northcutt claims the trial court plainly erred in admitting the testimony of Detective Splittorff
regarding certain cellular phone messages between Northcutt and an associate that were
exchanged around the time of the murder because the messages were hearsay. In Point Two,
Northcutt claims the trial court erred in admitting Northcutt’s statement to Detective O’Neill that
1 All statutory references are to RSMo 2016 unless otherwise indicated. revealed his cellular phone number because he made the statement to the detective before he had
been Mirandized. Finding no error, we affirm.
Background
The evidence viewed in the light most favorable to the verdict is as follows: Just after
midnight on July 23, 2016, Victim Chris Gernigan died on the side of Highway 67 near West
Alton, Missouri after Northcutt fatally stabbed him in the chest. The prosecution relied heavily
on (1) cell phone records, text message records, and surveillance video that helped investigators
establish the relevant locations and movements of the Victim and Northcutt, (2) incriminating
statements Northcutt made during text message conversations with two witnesses, and (3)
Northcutt’s statement to the police after he waived his Miranda rights.
On July 22, 2016, Victim, who lived in Roxanna, Illinois, was trying to get a ride to his
girlfriend Kaylyn Davis’s home in Alton, Illinois, approximately 12 miles away. Natasha Smith,
a mutual friend of both Victim and Northcutt, eventually agreed to drive Victim to Davis’s
home. Surveillance video at a convenience store in Wood River, Illinois, a town near Roxanna,
showed Victim getting picked up by Smith at 12:13 a.m. on July 23rd. Unknown to Victim,
Smith had agreed to allow Northcutt to hide in the trunk of the vehicle. During the ride,
Northcutt exchanged text messages with both Smith and with another person named Tara Clark.
To Clark, Northcutt boasted from inside the trunk that he “got this bitch today,” and told Clark
the next day that “I did it, I got him.”
In his statement to the police after he waived his Miranda rights, Northcutt stated that
when Smith stopped the car on the side of Highway 67 near West Alton, Missouri,2 Northcutt got
2 West Alton, Missouri is on the opposite side of the Mississippi River from Alton, Illinois. Victim told Davis that Smith said she was going to cross over the bridge to the Missouri side to get gas since it was apparently cheaper in Missouri before taking Victim to Davis’s home.
2 out with his knife drawn, confronted Victim, and stabbed Victim in the chest. Northcutt claimed
he stabbed Victim only after he saw a shiny object in Victim’s hand.
Victim’s girlfriend Davis, for her part, called Victim at 12:27 a.m. on his cellular phone.
Victim told her he found a ride and was on his way. Davis heard a female voice in the
background then heard Victim scream. The connection was lost and her efforts to call back
unsuccessful. Eight minutes later, Victim’s friend Timothy Booth called Victim’s phone.
Northcutt answered. Booth said he was surprised because Victim and Northcutt did not get
along well. Northcutt told Booth that Victim might need some help back on the side of the road
but Northcutt would not provide Booth with Victim’s location despite Booth’s repeated requests.
Eventually, Victim was sighted by a passing truck driver who called 911.
Standard of Review
A trial court's decision regarding the admissibility of evidence is reviewed for an abuse of
discretion. State v. Winfrey, 337 S.W.3d 1, 5 (Mo. banc 2011). A trial court abuses its discretion
only if its decision to exclude evidence is “clearly against the logic of the circumstances and is so
unreasonable as to indicate a lack of careful consideration.” Mitchell v. Kardesch, 313 S.W.3d
667, 675 (Mo. banc 2010). Evidentiary error is reviewed “for prejudice, not mere error,” and
error is only prejudicial if the court's error affected the outcome of the trial with “reasonable
probability” and deprived the defendant of a fair trial. State v. Clark, 364 S.W.3d 540, 544 (Mo.
banc 2012).
Analysis
1. Point One – Northcutt’s text messages with Smith
Northcutt concedes that he failed to object to the admission of the text messages at issue
which were contained in State’s exhibit 42 and therefore he seeks our review for plain error.
3 Supreme Court Rule 30.20 grants this Court the authority to consider “plain errors affecting
substantial rights.” See State v. DeWeese, 79 S.W.3d 456, 457 (Mo. App. W.D. 2002). Under
Rule 30.20, plain error review involves a two-step process. State v. Kidd, 75 S.W.3d 804, 811
(Mo. App. W.D. 2002). First, the reviewing court must determine whether plain error has
occurred. DeWeese, 79 S.W.3d at 457. Plain error is error that is evident, obvious, and clear.
Id. Second, if this Court finds that plain error occurred, it may reverse if it concludes that the
error resulted in a miscarriage of justice or a manifest injustice, which requires more than a mere
showing that the defendant was prejudiced. State v. Creamer, 161 S.W.3d 420, 427 (Mo. App.
W.D. 2005). To obtain a new trial on direct appeal based on a claim of plain error, the appellant
must show that the error was outcome determinative. State v. Wood, 580 S.W.3d 566, 579 (Mo.
banc 2019).
We are dubious whether Northcutt is entitled even to plain error review. He told the
court that he had no objection to the admission of the text messages exchanged between he and
Smith. Plain error review does not apply when a party affirmatively states that it has no
objection to evidence an opposing party is attempting to introduce. State v. Johnson, 284 S.W.3d
561, 582 (Mo. banc 2009).
Nevertheless, even if we were to consider plain error review, Northcutt is not entitled to
any relief because he cannot make the required showing of a manifest injustice or miscarriage of
justice since the alleged hearsay contained in those text messages was merely cumulative to the
testimony Detective Splittorff had already offered. “An allegedly wrongful admission of hearsay
evidence does not constitute plain error if such testimony is merely cumulative to other evidence
properly admitted.” State v. Goodwin, 43 S.W.3d 805, 818 (Mo. banc 2001). When the State
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In the Missouri Court of Appeals Eastern District DIVISION THREE
STATE OF MISSOURI, ) No. ED107999 ) Respondent, ) Appeal from the Circuit Court of ) St. Charles County vs. ) 1611-CR04052-01 ) LARRY E. NORTHCUTT, ) Honorable Deborah J. Alessi ) Appellant. ) Filed: September 29, 2020
Angela T. Quigless, P.J., Kurt S. Odenwald, J., and James M. Dowd, J.
OPINION
Larry Northcutt was convicted following a January 2019 jury trial in the Circuit Court of
St. Charles County of one count of murder in the first degree, § 565.020,1 and one count of
armed criminal action, § 571.015, in connection with the July 23, 2016 stabbing death of Victim
Chris Gernigan. In this appeal, Northcutt raises two claims of trial court error. In Point One,
Northcutt claims the trial court plainly erred in admitting the testimony of Detective Splittorff
regarding certain cellular phone messages between Northcutt and an associate that were
exchanged around the time of the murder because the messages were hearsay. In Point Two,
Northcutt claims the trial court erred in admitting Northcutt’s statement to Detective O’Neill that
1 All statutory references are to RSMo 2016 unless otherwise indicated. revealed his cellular phone number because he made the statement to the detective before he had
been Mirandized. Finding no error, we affirm.
Background
The evidence viewed in the light most favorable to the verdict is as follows: Just after
midnight on July 23, 2016, Victim Chris Gernigan died on the side of Highway 67 near West
Alton, Missouri after Northcutt fatally stabbed him in the chest. The prosecution relied heavily
on (1) cell phone records, text message records, and surveillance video that helped investigators
establish the relevant locations and movements of the Victim and Northcutt, (2) incriminating
statements Northcutt made during text message conversations with two witnesses, and (3)
Northcutt’s statement to the police after he waived his Miranda rights.
On July 22, 2016, Victim, who lived in Roxanna, Illinois, was trying to get a ride to his
girlfriend Kaylyn Davis’s home in Alton, Illinois, approximately 12 miles away. Natasha Smith,
a mutual friend of both Victim and Northcutt, eventually agreed to drive Victim to Davis’s
home. Surveillance video at a convenience store in Wood River, Illinois, a town near Roxanna,
showed Victim getting picked up by Smith at 12:13 a.m. on July 23rd. Unknown to Victim,
Smith had agreed to allow Northcutt to hide in the trunk of the vehicle. During the ride,
Northcutt exchanged text messages with both Smith and with another person named Tara Clark.
To Clark, Northcutt boasted from inside the trunk that he “got this bitch today,” and told Clark
the next day that “I did it, I got him.”
In his statement to the police after he waived his Miranda rights, Northcutt stated that
when Smith stopped the car on the side of Highway 67 near West Alton, Missouri,2 Northcutt got
2 West Alton, Missouri is on the opposite side of the Mississippi River from Alton, Illinois. Victim told Davis that Smith said she was going to cross over the bridge to the Missouri side to get gas since it was apparently cheaper in Missouri before taking Victim to Davis’s home.
2 out with his knife drawn, confronted Victim, and stabbed Victim in the chest. Northcutt claimed
he stabbed Victim only after he saw a shiny object in Victim’s hand.
Victim’s girlfriend Davis, for her part, called Victim at 12:27 a.m. on his cellular phone.
Victim told her he found a ride and was on his way. Davis heard a female voice in the
background then heard Victim scream. The connection was lost and her efforts to call back
unsuccessful. Eight minutes later, Victim’s friend Timothy Booth called Victim’s phone.
Northcutt answered. Booth said he was surprised because Victim and Northcutt did not get
along well. Northcutt told Booth that Victim might need some help back on the side of the road
but Northcutt would not provide Booth with Victim’s location despite Booth’s repeated requests.
Eventually, Victim was sighted by a passing truck driver who called 911.
Standard of Review
A trial court's decision regarding the admissibility of evidence is reviewed for an abuse of
discretion. State v. Winfrey, 337 S.W.3d 1, 5 (Mo. banc 2011). A trial court abuses its discretion
only if its decision to exclude evidence is “clearly against the logic of the circumstances and is so
unreasonable as to indicate a lack of careful consideration.” Mitchell v. Kardesch, 313 S.W.3d
667, 675 (Mo. banc 2010). Evidentiary error is reviewed “for prejudice, not mere error,” and
error is only prejudicial if the court's error affected the outcome of the trial with “reasonable
probability” and deprived the defendant of a fair trial. State v. Clark, 364 S.W.3d 540, 544 (Mo.
banc 2012).
Analysis
1. Point One – Northcutt’s text messages with Smith
Northcutt concedes that he failed to object to the admission of the text messages at issue
which were contained in State’s exhibit 42 and therefore he seeks our review for plain error.
3 Supreme Court Rule 30.20 grants this Court the authority to consider “plain errors affecting
substantial rights.” See State v. DeWeese, 79 S.W.3d 456, 457 (Mo. App. W.D. 2002). Under
Rule 30.20, plain error review involves a two-step process. State v. Kidd, 75 S.W.3d 804, 811
(Mo. App. W.D. 2002). First, the reviewing court must determine whether plain error has
occurred. DeWeese, 79 S.W.3d at 457. Plain error is error that is evident, obvious, and clear.
Id. Second, if this Court finds that plain error occurred, it may reverse if it concludes that the
error resulted in a miscarriage of justice or a manifest injustice, which requires more than a mere
showing that the defendant was prejudiced. State v. Creamer, 161 S.W.3d 420, 427 (Mo. App.
W.D. 2005). To obtain a new trial on direct appeal based on a claim of plain error, the appellant
must show that the error was outcome determinative. State v. Wood, 580 S.W.3d 566, 579 (Mo.
banc 2019).
We are dubious whether Northcutt is entitled even to plain error review. He told the
court that he had no objection to the admission of the text messages exchanged between he and
Smith. Plain error review does not apply when a party affirmatively states that it has no
objection to evidence an opposing party is attempting to introduce. State v. Johnson, 284 S.W.3d
561, 582 (Mo. banc 2009).
Nevertheless, even if we were to consider plain error review, Northcutt is not entitled to
any relief because he cannot make the required showing of a manifest injustice or miscarriage of
justice since the alleged hearsay contained in those text messages was merely cumulative to the
testimony Detective Splittorff had already offered. “An allegedly wrongful admission of hearsay
evidence does not constitute plain error if such testimony is merely cumulative to other evidence
properly admitted.” State v. Goodwin, 43 S.W.3d 805, 818 (Mo. banc 2001). When the State
sought to question Detective Splittorff regarding the contents of the challenged text messages,
4 the detective had already testified in detail, based on other properly admitted phone records,
regarding Northcutt’s and Smith’s cell phone locations during the time of the murder and
furthermore, the contested text messages were similar in tone to those between Northcutt and
Clark which had previously been admitted.
Likewise, the Northcutt-Smith text messages were largely cumulative inasmuch as
Northcutt confessed voluntarily to police that he was in the trunk of Smith’s vehicle, that he and
Smith had exchanged text messages during that time, and that he had stabbed Victim. See Id.
2. Point Two – Northcutt’s pre-Miranda disclosure to police of his cell phone number
Northcutt claims the trial court erred in admitting his statement to Detective O’Neill in
which he disclosed his cellular phone number before the detective had given Northcutt the
Miranda warnings.
At the outset, we are again doubtful whether Northcutt preserved this claim of error.
While Northcutt indeed moved pretrial to suppress his statement to the detective which contained
his cell phone number, he was still required to make a specific objection when the evidence was
offered at trial in order to preserve the issue for appellate review. State v. Cook, 273 S.W.3d
562, 568 (Mo. App. E.D. 2008). Here, Northcutt’s objection when the statement was introduced
at trial was “[s]ubject to what we put on the record already no additional objection.” From our
review of the record, it is not altogether clear to what this statement refers and whether it may be
considered. But we will give Northcutt the benefit of the doubt and consider the merits of this
point of error.
So, regarding the trial court’s decision to allow into evidence his statement to the
investigating officer that included his cell phone number, we consider both the evidence
presented at the suppression hearing as well as at trial to determine whether sufficient evidence
5 exists in the record to support the trial court’s ruling. State v. Gaw, 285 S.W.3d 318, 319 (Mo.
banc 2009). The facts and the reasonable inferences from those facts are considered favorably to
the trial court’s ruling, and contrary evidence and inferences are disregarded. Id. Deference is
given to the trial court’s superior opportunity to determine the credibility of witnesses. Id. at
320. This Court gives deference to the trial court’s factual findings but reviews questions of law
de novo. Id.
Viewed in that context, Northcutt’s claim is without merit for at least three reasons. First,
at the stage of the investigation in which Northcutt made the statement at issue, Miranda
warnings were not required. Questions designed to elicit basic background and pedigree
information are within the “routine booking exception” to Miranda and Missouri courts have
held that questions seeking background information on a defendant do not constitute
interrogation under Miranda. See State v. Ream, 223 S.W.3d 874, 875-76 (Mo. App. S.D. 2007).
Second, the record here demonstrates that investigators were already aware of Northcutt’s
phone number so therefore his claim at best would be considered harmless error. Under the
harmless error standard, the State must demonstrate beyond a reasonable doubt that the error
complained of did not contribute to the verdict obtained. State v. Ramirez, 447 S.W.3d 792, 797
(Mo. App. W.D. 2014). And when evidence challenged on constitutional grounds is cumulative
of other properly admitted evidence, the disputed evidence could not have contributed to the
defendant’s conviction and is harmless beyond a reasonable doubt. Id. at 798.
Finally, Northcutt gave a post-Miranda confession that he was in the trunk of the car and
that he stabbed Gernigan. He does not challenge the admissibility of that confession. Given that
confession, Appellant’s acknowledgement of his phone number cannot be said to have
contributed to the verdict.
6 Conclusion
Finding no error, we affirm the judgment of the trial court.
______________________________ James M. Dowd, Judge
Angela T. Quigless, P.J., and Kurt S. Odenwald, J., concur.