State v. Battle

415 S.W.3d 783, 2013 WL 6627964, 2013 Mo. App. LEXIS 1477
CourtMissouri Court of Appeals
DecidedDecember 17, 2013
DocketNo. ED 99176
StatusPublished
Cited by7 cases

This text of 415 S.W.3d 783 (State v. Battle) 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. Battle, 415 S.W.3d 783, 2013 WL 6627964, 2013 Mo. App. LEXIS 1477 (Mo. Ct. App. 2013).

Opinion

SHERRI B. SULLIVAN, J.

Introduction

Edward Battle (Appellant) appeals from the trial court’s judgment convicting him of the class C felony of second-degree domestic assault as a prior and persistent offender. We affirm.

Factual and Procedural Background

The state charged Appellant with one count of second-degree domestic assault (felony), Section 565.0781 and one count of third-degree domestic assault (misdemean- or), Section 565.074, as a prior and persistent offender. The evidence adduced at trial, in the light most favorable to the verdict, is as follows.

On May 28, 2011, the victim, D.W., and Appellant had been in a romantic relationship for approximately six months. Appellant occasionally stayed at D.W.’s apartment. That morning, D.W. was at home with her friend Craig Miller (Miller). Miller needed a place to stay for the night and asked D.W. if he could stay with her. D.W. told Miller to get Appellant’s permission, and Appellant agreed that Miller could stay. Appellant sent Miller to the store to buy alcohol and the two drank beer throughout the day. Appellant was agitated and argued with D.W. over financial matters and sex. At some point, D.W. got up to go into another room and Appellant pushed D.W., ripping her shirt.

Around 4:00 p.m., D.W., tired of Appellant’s badgering, left the apartment with Miller. They went to the store, where D.W. bought a can of beer. D.W. and Miller sat on a park bench near D.W.’s apartment drinking the beer and waited for Appellant to leave for work. At approximately 7:00 p.m., D.W. and Miller walked back to the apartment. D.W. asked Miller to go inside and check to see if Appellant was there. From outside the apartment, D.W. could hear arguing and decided to call the police to have Appellant removed from the apartment. D.W. walked to a nearby bar and used their phone to call the police. When the police did not arrive, she called the police again.

After making the second call, D.W. stepped outside the bar so the police could see her when they arrived. D.W. testified that while waiting outside, Appellant came out of her apartment building and saw her. D.W. stated Appellant immediately attacked her, using both hands to strangle her and asked her where his money was. D.W. told Appellant she did not know where his money was and asked him to let her go. D.W. told Appellant, “I can’t breathe, Eddie. You’re going to kill me. You’re going to kill me.” D.W. testified Appellant would not let go and she could not remove his fingers from her neck so she tried to scream. D.W. stated Appellant choked her for a minute or two. D.W. testified she was beginning to lose consciousness when someone came outside from the bar and she was able to get free from Appellant. The police arrived shortly after. D.W. testified Detective Deirdre Henderson (Detective Henderson) asked her if she needed to go to the hospital but D.W. refused because she did not think she was injured severely enough and she did not have insurance and could not afford to go.

Rebecca Rainwater (Rainwater) was working at the bar when D.W. came in and used the phone to make two calls. Rainwater testified that after D.W. used the phone the second time, D.W. went outside to wait for the police to arrive. Sometime after that, Rainwater heard a very faint cry for help. Rainwater called 911 and then went outside and glanced around. [786]*786Across the street, Rainwater saw Appellant and D.W. Appellant had his arm around D.W.’s shoulder and one hand on her throat. D.W. appeared to be very distressed. Rainwater said, “Hey, let her go[,]” and D.W. broke loose from Appellant and ran behind Rainwater. Appellant turned and looked at Rainwater. Appellant appeared very angry and started walking toward her. Seconds later, the first police officer arrived. Rainwater testified D.W. did not appear intoxicated but seemed concerned and nervous when she asked to use the phone.

Detective Henderson arrived on the scene approximately thirty minutes later. Detective Henderson testified she has been a police officer for eight years and had been assigned to the Domestic Abuse Response Team for three years, working exclusively with violence between partners in intimate relationships. Detective Henderson testified D.W. was visibly upset and shaken, appeared to be intoxicated, was staggering, smelled of alcohol, and had difficulty relating and writing down what had happened. Detective Henderson observed red marks and scratches around D.W.’s neck but did not see any bruising. Detective Henderson stated that D.W. refused medical treatment.

Detective Henderson stated Appellant did not appear to be intoxicated. Appellant advised Henderson that after Miller returned to the apartment and told.him where D.W. was, Appellant ran across the street, pushed her and yelled at her for stealing his money. Appellant stated “he was pissed” at her for taking his money but initially denied putting his hand on D.W.’s neck. When Detective Henderson asked Appellant about the marks on D.W.’s neck, Appellant stated that he may have put his hand on her neck but did not push her.

Detective Henderson further testified as follows:

Q [The Prosecutor]. And you said you’ve been a detective with the DART unit for about three years, right?
A. Yes.
Q. And how many domestic violence eases involving strangulation do you think you’ve investigated?
A. Over — over fifty, seventy-five, somewhere between there.
Q. In your experience are the marks that you saw consistent with someone who had been strangled?
[Defense Counsel]: I’m going to object as far as foundation. She’s not a medical expert to be able to testify to something like that.
THE COURT: I’m going to sustain the objection on the foundation. I think this witness can testify to the nature of injuries on that level, a very type of superficial level. However, I don’t think a sufficient foundation has been laid.
[The Prosecutor]: May I attempt to rephrase, your Honor?
THE COURT: Sure.
[The Prosecutor]: Okay.
BY [The Prosecutor]:
Q. In your experience is that consistent with people who report a strangulation?
[Defense Counsel]: Same objection, your Honor. Still no more foundation.
THE COURT: Sustained.
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Q. Okay. In your experience have you encountered people who have not requested medical attention?
A. Yes. Mostly — most of the time people don’t request medical attention.
Q. And why is that, in your experience?
[787]*787A. I think it’s because they’re scared or they don’t think that they’re severely injured until the next day when bruises start showing up or their throat hurts or — it’s just — t’s several different variations as to why.
Q. And [defense counsel] asked you something about bruising. How close in time did you arrive to the scene from when this incident supposedly happened?
A. Thirty minutes maybe.
Q.

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Cite This Page — Counsel Stack

Bluebook (online)
415 S.W.3d 783, 2013 WL 6627964, 2013 Mo. App. LEXIS 1477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-battle-moctapp-2013.