State v. Armstrong

72 S.W.3d 327, 2002 Mo. App. LEXIS 939, 2002 WL 731993
CourtMissouri Court of Appeals
DecidedApril 26, 2002
DocketNo. 24466
StatusPublished
Cited by1 cases

This text of 72 S.W.3d 327 (State v. Armstrong) 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 v. Armstrong, 72 S.W.3d 327, 2002 Mo. App. LEXIS 939, 2002 WL 731993 (Mo. Ct. App. 2002).

Opinion

PHILLIP R. GARRISON, Presiding Judge.

Wendell R. Armstrong (“Defendant”) was charged by amended information1 with murder in the second degree, in violation of Section 565.021.2 Following a bench trial, he was found guilty and was sentenced to life imprisonment. Defendant appeals.

At 11:30 to 12:00 on the night of June 27, 2000, Defendant was taken to the home of Calvin and Hope Renee Lacey by his son, Jeremy, after having played “quarters” and drinking with Jeremy and his friends. Defendant had become acquainted with the Laeeys earlier that month, and had given Mrs. Lacey a half-interest in a vehicle he owned, a ring, and other gifts. He also wore a locket containing a picture of Mrs. Lacey.

During the early morning hours of June 28, 2000, Defendant and Mr. Lacey drank steadily. Defendant began to talk about killing himself because he and his wife were getting a divorce. This aggravated Mr. Lacey, and he commented that suicide would be “stupid.” Defendant, however, continued to talk about suicide, and Mr. Lacey, tiring of the topic, said that he would help Defendant end his life and threw a barstool at him. Shortly after that Defendant, Mr. Lacey, and Mrs. Lacey went outside together, and Defendant and Mr. Lacey got into another fight. Mr. Lacey grabbed Defendant and “push[ed] him down on the steps.” During the fight-[329]*329mg, Mrs. Lacey heard Defendant tell Mr. Lacey that “he would just as soon shoot ‘em as to look at ‘em or fight him.” Defendant later said, “[T]hat’s okay, you son of a bitch, you’re already dead anyway.” Mrs. Lacey went back into the house. When she returned a few minutes later, Defendant and Mr. Lacey had quit fighting. They apologized to each other, hugged, and shook hands.

Defendant left the Lacey’s home, and walked to the Double Nickel, a nearby bar, where he called Jeremy to come get him. Jeremy arrived a few minutes later and picked up Defendant. Defendant told Jeremy that he wanted to go back to the Lacey’s home to pick Mr. Lacey up so that the men could drink some more. Defendant and Jeremy arrived at the Lacey’s home, and Defendant told Mr. Lacey to go with him to the river, so that they could drink some more. Mr. Lacey told his wife that he was worried that something might happen to him. She told him not to go with Defendant, but Mr. Lacey went, taking a gun and a pipe with him for protection.

Defendant, Jeremy, and Mr. Lacey drove to Cottonwood Point where the men sat on an old barge drinking and talking. At some point after Mr. Lacey finished off a bottle of beer, he threw the empty bottle into the water, pulled out a gun, and shot at the bottle. Defendant and Jeremy told Mr. Lacey to put the gun away. Mr. Lacey gave the gun to Jeremy to hold, and Mr. Lacey and Defendant decided to go swimming in the river. Jeremy stayed on the old barge watching Defendant and Mr. Lacey swimming in case either ran into trouble in the water. A few minutes later, Jeremy went to the other end of the barge to urinate. He sat the gun down on the barge, and Defendant took it. Defendant climbed up on the barge, squatted down, and pointed the gun approximately a foot or foot and a half from Mr. Lacey’s head. Defendant said, “I told you if you ever tried to hurt me again I’d kill you, now swim or die.” Jeremy told Defendant, “[I]t ain’t worth it, don’t do it.” To this, Defendant replied, “Jeremy, you need to leave, you don’t need to see this.” Jeremy started walking away from Defendant, and yelled at Defendant once again to not do it. Just shortly after that, Jeremy heard a shot fired and ran to call 911.

A police officer arrived on the scene approximately ten to fifteen minutes later. The officer spotted Defendant walking out of the woods up to the barge. Defendant showed the officer where he had hidden Mr. Lacey’s gun in his shoe under a hollowed out log. The officer secured the gun and noted that it contained one spent shell casing inside of it. Defendant was read his Miranda rights, and stated that he understood them. Defendant then said that he had fired a couple of shots, but was not sure whether he had hit Mr. Lacey. Another officer transported Defendant to the police station, but did not question him during the ride.

Around 11:00 a.m. on June 28, 2000, Chris Riggs (“Riggs”), an investigator for the Pemiscot County Sheriffs Department, approached Defendant to question him about the shooting. Prior to this, Defendant had been sleeping. Riggs read Defendant his Miranda rights, and Defendant signed the waiver form. Defendant agreed to talk to the officers, and then stated that although he probably should not talk, he wanted to get this “cleared up.” He also stated that his wife worked for an attorney, and that he knew what his rights were and how the process worked. At this time, Riggs did not believe Defendant was intoxicated. According to Riggs, Defendant appeared to be very coherent and was “thoughtful in his thinking process.”

[330]*330During the interview, Defendant stated that the night before, he had been upset with Mr. Lacey and “wanted to get [Mr. Lacey] back.” Defendant first stated that Mr. Lacey had tried to attack him while they were swimming in the water, but when informed that Jeremy had told a different story, Defendant recanted and stated that Mr. Lacey had not tried to attack him. Defendant also stated that he had climbed out of the water, grabbed a piece of driftwood, and had tried to knock Mr. Lacey’s hands off of the barge cable. Defendant stated that when this did not work, he told Mr. Lacey to “swim or die” and pointed the gun at Mr. Lacey’s head and fired. Defendant admitted that the reason why he did not tell the truth the first time was because he was scared that he was “going to go to the penitentiary for the rest of his life.” At approximately 1 p.m., Defendant was again read his Miranda rights, and then a videotaped statement was taken. On the videotape, Defendant again admitted to shooting Mr. Lacey and stated that he knew that the bullet had to have hit Mr. Lacey in the head.

Mr. Lacey’s body was later recovered down river in Arkansas. The coroner testified at trial that the cause of death was a gunshot wound to the head.

At trial, Defendant testified that while he and Mr. Lacey had been swimming, Mr. Lacey had tried to choke him. He stated that Mr. Lacey threatened him and that he shot Mr. Lacey in self-defense. At the close of the evidence and arguments, the trial court found Defendant guilty of murder in the second degree, and he was sentenced to life imprisonment. Defendant appeals.

In his sole point on appeal, Defendant contends that the trial court erred in overruling his motion to suppress the statements he gave to the police and in admitting the statements into evidence. He argues that the statements were involuntary, unknowing, and unintelligent under the totality of the circumstances because he' “was so intoxicated that he was unable to appreciate the nature and consequences of his statements.”

On motions to suppress, the State bears the burden of showing by a preponderance of the evidence that the motion should be denied. State v. Mitchell, 2 S.W.3d 123, 124 (Mo.App. S.D.1999). A trial court’s ruling on a motion to suppress will not be upset on review if it is supported by substantial evidence. State v. Smith, 944 S.W.2d 901, 910 (Mo. banc 1997).

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Bluebook (online)
72 S.W.3d 327, 2002 Mo. App. LEXIS 939, 2002 WL 731993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-armstrong-moctapp-2002.