State v. Barton

998 S.W.2d 19, 1999 Mo. LEXIS 48, 1999 WL 562151
CourtSupreme Court of Missouri
DecidedAugust 3, 1999
Docket80931
StatusPublished
Cited by40 cases

This text of 998 S.W.2d 19 (State v. Barton) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Barton, 998 S.W.2d 19, 1999 Mo. LEXIS 48, 1999 WL 562151 (Mo. 1999).

Opinions

ANN K. COVINGTON, Judge.

Appellant, Walter E. Barton, was convicted of the class A felony of murder in the first degree, in violation of 565.020, RSMo 1994, for which he was sentenced to death. Appellant appeals his first degree murder conviction and his sentence. Affirmed.1

The evidence is viewed in the fight most favorable to the verdict. State v. Kreutzer, 928 S.W.2d 854, 859 (Mo. banc 1996). On the morning of October 9, 1991, Carol Horton, a resident of Riverview Mobile Home Park in Ozark, Missouri, visited the trailer of Gladys Kuehler at approximately 9:00 a.m. Kuehler, eighty-one years of age, served as manager of the park. Kuehler was unable to move about without the assistance of a cane. Horton assisted Kuehler with some tasks and last saw Kuehler at 11:04 a.m.

The owners of the trailer park, Bill and Dorothy Pickering, visited Kuehler’s trailer some time between 1:15 p.m. and 2:00 p.m. to collect rent receipts. Ted and Sharon Bartlett, former residents of the trailer park, arrived for a visit with Kueh-ler between 2:00 p.m. and 2:15 p.m. and remained until about 2:45 p.m. Kuehler told the Bartletts that she was going to fie down because she was not feeling well.

Appellant was visiting Horton in her trailer on October 9, 1991. At approximately 2:00 p.m., appellant left her trailer. Appellant said that he was going to Kueh-ler’s trailer to borrow twenty dollars. He returned to Horton’s trailer ten or fifteen minutes later saying that Kuehler told him to return later and that she would write him a check. Appellant left Horton’s trailer again at approximately 3:00 p.m. He told Horton that he was going to Kuehler’s trailer.

At approximately 3:15 p.m., Bill Pickering telephoned Kuehler’s trailer. A man, later determined to be appellant, answered the telephone and stated that Kuehler was in the bathroom and could not come to the telephone. Debra Selvidge, Kuehler’s granddaughter, spoke with Kuehler on the telephone some time after 3:00 p.m. She telephoned Kuehler again between 3:30 p.m. and 4:00 p.m., but received no answer.

Appellant returned to Horton’s trailer at approximately 4:00 p.m. Appellant was acting “totally different,” seemed to be in a hurry, and asked Horton if he could use her restroom. Horton detected a smell of blood on Barton’s person. After noticing that appellant had been in the bathroom for a long time, Horton went to check on him. Appellant was washing his hands. He said that he had been working on a car.

At approximately 4:15 p.m., Horton told appellant that she was going to Kuehler’s [22]*22trailer. Appellant told her not to go because Kuehler had told him she was going to lie down and take a nap. Appellant left Horton’s trailer. Horton then went to check on Kuehler. She received no response when she knocked on Kuehler’s door. She tried to open the door, but it was locked. She returned to Kuehler’s trailer again at 6:00 p.m. and again received no response.

Debra Selvidge, who had been attempting to reach Kuehler by telephone, drove to Kuehler’s trailer. She knocked on the door but received no answer. At approximately 7:30 p.m., Selvidge went to Horton’s trailer and expressed her concern. Horton, Horton’s son, and Selvidge went to Kuehler’s trailer. They knocked and received no response. On their way to make telephone calls, they saw a police officer, Officer Hodges, who agreed to meet them at Kuehler’s trailer after he answered another call. The two women saw appellant at another trailer in the trailer park. Selvidge asked him if he would go with them back to Kuehler’s trailer. Appellant agreed to go but said that he would go later.

The women drove to Kuehler’s trailer. After a time, appellant arrived. The women knocked on Kuehler’s door. Appellant walked over to the side of the trailer, where he began to pound on the wall of the trailer under the bedroom window near where Kuehler’s body was later found.

Officer Hodges arrived and unsuccessfully attempted to open the door. He radioed a dispatcher to send a locksmith. The officer left on another call. When the locksmith arrived, he opened the door. After the locksmith opened the door, Sel-vidge and Horton, followed by appellant, entered the trailer. After calling out for Kuehler and receiving no answer, Selvidge started down the hallway toward Kuehler’s bedroom, followed by Horton and appellant. Appellant told Selvidge not to go down the hall. Selvidge did, however, and noticed Kuehler’s clothing on the floor in front of the toilet in the bathroom. Sel-vidge also noticed that the lid of the toilet had been left up. Selvidge discovered Kuehler’s body in the bedroom. Kuehler’s partially nude body lay on the floor between the bed and the wall; there was a large amount of dried blood on the bed and the floor. Officer Hodges returned to Kuehler’s trailer. Selvidge directed him to Kuehler’s bedroom where he saw her body between the bed and the wall.

Appellant did not appear to be surprised at the time the body was discovered and showed no emotion whatsoever. Officer Hodges asked appellant when he had last seen Kuehler. Appellant said that he had last seen Kuehler at her trailer between 2:00 p.m. and 2:30 p.m. He had gone there to borrow money. Kuehler had agreed to lend him some money, but could not write the check at that time because she did not feel well and was going to take a nap. Appellant said that he had returned later, but Kuehler did not answer the door. Appellant said that he had never received the check.

Sergeant Jack Merritt of the Missouri Highway Patrol assisted with the investigation. He discovered at the scene a pocketbook and checkbook on a vanity across from Kuehler’s bed. Although check number 6027 was missing from the checkbook, there was no entry in the check register for that check. All other checks written prior to that appeared to have been entered in the check register. The first remaining check in the checkbook was number 6028.

Sergeant Merritt was aware that Bill Pickering had telephoned Kuehler’s trailer at 3:15 p.m. and that a man had answered at that time. Merritt asked appellant what time he answered the telephone in the trailer. Appellant admitted to having answered Pickering’s call. Sergeant Merritt then asked appellant to go to the sheriffs department, and appellant agreed. Upon arrival, Sergeant Merritt advised appellant of his Miranda rights.

[23]*23While Sergeant Merritt fingerprinted appellant, Officer Hodges noticed what appeared to be a bloodstain on the elbow of appellant’s shirt and what appeared to be a bloody handprint on the shoulder of his shirt. The officers later noticed some blood on appellant’s jeans. Officer Hodges recalled that he might have noticed some blood on appellant’s boots. Officer Hodges asked appellant how the blood got on his clothing. Appellant replied that he had pulled Selvidge away from her grandmother’s body and must have gotten it then. Selvidge confirmed that appellant had reached around her, pulled her away from Kuehler’s body, and taken her out of the bedroom. Selvidge did not, however, get close enough to the victim to get into the blood.

Forensic testing confirmed small amounts of human blood on appellant’s boots and jeans in addition to the blood found on his shirt. The amount of human blood on the boot was insufficient to compare with known samples. The blood on appellant’s jeans had been diluted so that there was an insufficient amount to make a comparison. The serologist was able, however, to make a comparison of the blood stains found on appellant’s shirt.

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

Related

State of Missouri v. Joshua Armando Aldana
Missouri Court of Appeals, 2023
State of Missouri v. Kylr Charles Yust
Missouri Court of Appeals, 2023
State of Missouri v. Tyrone Butler
Missouri Court of Appeals, 2022
Jones v. Cassady
E.D. Missouri, 2021
State of Missouri v. Justin Andrew Todd
Missouri Court of Appeals, 2020
STATE OF MISSOURI v. WILLIAM W. WELCH, JR.
Missouri Court of Appeals, 2020
State of Missouri v. Robert L. Brown
Missouri Court of Appeals, 2020
State of Missouri v. Craig Michael Wood
Supreme Court of Missouri, 2019
State v. Naylor
510 S.W.3d 855 (Supreme Court of Missouri, 2017)
State of Missouri v. Charles David Girardier III
484 S.W.3d 356 (Missouri Court of Appeals, 2015)
State of Missouri v. Demetrick Taylor
466 S.W.3d 521 (Supreme Court of Missouri, 2015)
State of Missouri v. Brandon M. Roberts
Missouri Court of Appeals, 2014
Walter Barton v. State of Missouri
432 S.W.3d 741 (Supreme Court of Missouri, 2014)
State v. Marshall
410 S.W.3d 663 (Missouri Court of Appeals, 2013)
State v. Speaks
298 S.W.3d 70 (Missouri Court of Appeals, 2009)
State v. Barton
240 S.W.3d 693 (Supreme Court of Missouri, 2007)
State v. Davidson
242 S.W.3d 409 (Missouri Court of Appeals, 2007)
State v. Cannon
215 S.W.3d 295 (Missouri Court of Appeals, 2007)
State v. Fields
181 S.W.3d 252 (Missouri Court of Appeals, 2006)
Coday v. State
179 S.W.3d 343 (Missouri Court of Appeals, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
998 S.W.2d 19, 1999 Mo. LEXIS 48, 1999 WL 562151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-barton-mo-1999.