State of Missouri v. Muya Abdi

CourtMissouri Court of Appeals
DecidedAugust 25, 2020
DocketED107954
StatusPublished

This text of State of Missouri v. Muya Abdi (State of Missouri v. Muya Abdi) 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. Muya Abdi, (Mo. Ct. App. 2020).

Opinion

In the Missouri Court of Appeals Eastern District DIVISION THREE

STATE OF MISSOURI, ) No. ED107954 ) Respondent, ) Appeal from the Circuit Court ) of the City of St. Louis vs. ) ) Honorable Timothy J. Boyer MUYA ABDI, ) ) Appellant. ) FILED: August 25, 2020

Introduction

Muya Abdi (“Abdi”) appeals from the trial court’s judgment following a jury trial

convicting Abdi of two counts of assault in the first degree, two counts of armed criminal action,

and one count of unlawful use of a firearm arising out of a shooting incident. In Point One, Abdi

contends the trial court erred in denying his motion for a judgment of acquittal because there was

insufficient evidence for the jury to conclude that Abdi was the shooter or that he was aware of

the likely presence of the victim. In Point Two, Abdi alleges the trial court abused its discretion

in admitting two letters purportedly authored by Abdi because the letters were not authenticated.

Because there was sufficient evidence from which the jury could conclude that Abdi was the

shooter and was aware of the likely presence of the victim, the trial court properly denied the

motion for a judgment of acquittal. Because the letters were sufficiently authenticated, the trial

court did not abuse its discretion in admitting the evidence. Accordingly, we affirm the

judgment of the trial court. Factual and Procedural History

Evidence of the following facts was adduced at trial. On August 23, 2017, Toniesha

Smith (“Smith”) and her then-boyfriend Noor Haji (“Haji”) were engaged in an argument while

each was driving their respective car. Victim was driving to visit her mother-in-law. Her child,

brother, sister-in-law, and her sister-in-law’s three children were with her. Victim arrived at her

mother-in-law’s house which was down the street from where Smith and Haji’s argument was

occurring. Victim’s mother-in-law as well as multiple neighbors were outside when Victim

arrived. Smith’s and Haji’s cars scraped each other. Victim was holding her child at the time

and saw someone about five houses away from her pointing a gun. Victim began to run. Victim

was shot in the face as she was running away, causing Victim to lose her right eye. A bullet also

pierced Smith’s car, which police recovered from the trunk.

Smith told police that a friend of Haji’s, who she knew as “Little Haiti,” was present at

the time of the shooting. Smith identified Abdi as “Little Haiti” at trial. Smith testified that she

did not see Abdi fire a gun but that other persons standing on the street at the time of the

shooting identified “Little Haiti” as the shooter. Police officers Jonathan Wyman and Michael

Ross responded to the scene of the shooting. Officers Wyman and Ross reported that Smith said

that she saw “Little Haiti” open fire. Additionally, a Facebook profile for a “Little Haiti”

identified Abdi as “Little Haiti.” Police took Abdi into custody following a traffic stop in which

he was a passenger in a car being driven by Haji. In response to questioning, Abdi admitted that

he shot at Smith after hearing what he believed was a gunshot.

In November 2017, the State charged Abdi by indictment with five counts. Counts I and

II charged Abdi with assault in the first degree and armed criminal action for shooting Victim.

Counts III and IV charged Abdi with assault in the first degree and armed criminal action for

2 shooting at Smith. Count V charged Abdi with unlawful use of a firearm for discharging his

firearm into a motor vehicle.

Prior to trial, Judge Rex Burlison (“Judge Burlison”) received an envelope from the jail

where Abdi was being held pre-trial. The envelope was labeled as being sent by Abdi. The

envelope contained two letters, one addressed to Judge Burlison (“the Burlison Letter”) and one

addressed to Victim (“the Victim Letter”) (collectively, “the Letters”). Each letter was signed

“Muya Abdi.” The Burlison Letter stated that Abdi was “writing [Judge Burlison] in regards to

[Abdi’s] conduct and responsibility which [Abdi] would like to take accountability for/of.” The

Burlison Letter also stated, “I accidentally struck Victim [] with gun fire[,]” and contained

multiple other acknowledgements of having shot Victim. The Burlison Letter also contained

details of the shooting, including that the shooting was precipitated by a “lovers quarrel” and that

Victim was with her child at the time. The Burlison Letter maintained that Abdi was

nevertheless not guilty of first-degree assault and armed criminal action. The Victim Letter

stated, “My name is Muya Abdi, and I am the individual responsible for unintentionally

shooting[,]” and proceeded to repeatedly apologize to Victim.

Prior to trial, Abdi filed a motion-in-limine seeking to prohibit the State from introducing

the Letters into evidence. During a hearing on the motion, the trial court took judicial notice of

the Letters, but did not rule on whether the Letters were actually from Abdi. Subsequently, the

trial court denied the motion-in-limine, ruling that the State would be allowed to present the

Letters to the jury provided they were authenticated at trial. The trial court noted that the Letters

were postmarked in Abdi’s name, were sent from the jail where Abdi was being held, and bore

signatures matching Abdi’s signature on other documents. The trial court clarified that it was not

3 prohibiting the State or Abdi from making any arguments about the believability or veracity of

the Letters.

During the State’s case-in-chief, the State asked the trial court to take judicial notice of

the Letters and to publish the Letters to the jury. Abdi objected to the introduction of the Letters

based upon a lack of foundation and renewed his previous objections raised in his motion-in-

limine. The trial court took judicial notice of the Letters and admitted them into evidence. The

State proceeded to read the Letters aloud to the jury.

Abdi moved for a judgment of acquittal at both the close of State’s evidence and the close

of all evidence due to insufficient evidence. The trial court found the State had made a

submissible case and denied both motions.

The jury found Abdi guilty on all five counts. The trial court sentenced Abdi to fifteen

years in prison on each of the two counts of first-degree assault and two counts of armed

criminal action. The trial court sentenced Abdi to four years on Count V for unlawful use of a

firearm. The trial court ordered all sentences to be served concurrently. Abdi now appeals.

Points on Appeal

In Point One, Abdi argues the trial court erred in denying his motion for a judgment of

acquittal on the charge of first-degree assault against Victim and the associated charge of armed

criminal action because there was insufficient evidence that Abdi was the shooter or that Abdi

was aware of Victim’s likely presence to satisfy the required intent. In Point Two, Abdi

contends that the trial court abused its discretion in admitting the Letters because they were

unauthenticated hearsay.

Discussion

Because Point One concerns the sufficiency of the evidence and Point Two concerns

whether some of that evidence was properly admitted, we address Point Two first.

4 I. Point Two—Admission of the Letters

A. Standard of Review

We review evidentiary decisions for abuse of discretion. State v. McBenge, 507 S.W.3d

94, 112 (Mo. App. E.D. 2016) (internal citation omitted).

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State v. Whalen
49 S.W.3d 181 (Supreme Court of Missouri, 2001)
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364 S.W.3d 709 (Missouri Court of Appeals, 2012)
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470 S.W.3d 358 (Supreme Court of Missouri, 2015)
State of Missouri, Plaintiff/Respondent v. Anthony Curtis
497 S.W.3d 381 (Missouri Court of Appeals, 2016)
State of Missouri v. Cecil Russell McBenge
507 S.W.3d 94 (Missouri Court of Appeals, 2016)
State v. Sistrunk
414 S.W.3d 592 (Missouri Court of Appeals, 2013)
State v. Harris
535 S.W.3d 769 (Missouri Court of Appeals, 2017)
State v. Hein
553 S.W.3d 893 (Missouri Court of Appeals, 2018)

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State of Missouri v. Muya Abdi, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-missouri-v-muya-abdi-moctapp-2020.