State v. Davis

877 S.W.2d 669, 1994 Mo. App. LEXIS 932, 1994 WL 241631
Missouri Court of Appeals·Decided June 7, 1994·No. No. 18941·Published·Cited by 8 cases

Opinion

PARRISH, Chief Judge.

Michael S. Davis (defendant) was found guilty, following a jury trial, of first degree murder. § 565.020.1.1 The jury was unable to agree upon punishment. The trial court sentenced defendant to imprisonment for life without eligibility for parole. § 565.020.2. This court affirms.

All evidence that tends to prove defendant’s guilt and all inferences that support the verdict of the jury are accepted as true. State v. Barber, 635 S.W.2d 342, 343 (Mo.1982). Contrary evidence is disregarded. State v. Brooks, 618 S.W.2d 22, 23 (Mo. banc 1981).

On Friday evening, November 8, 1991, defendant and Billy Van Troba met in Cape Girardeau. They got into Van Troba’s truck and drove around Cape Girardeau. They traveled to Jackson and Scott City and re[671] turned to Cape Girardeau about 9:00 or 10:00 p.m. where they switched vehicles. They rode for a while in defendant’s automobile then went to B.G.’s, an area restaurant. Defendant and Van Troba consumed a 12-pack of beer prior to going to the restaurant. They arrived at B.G.’s about 11:00 p.m. While there, they drank a pitcher of beer and ate an order of potato skins.

Defendant and Van Troba left B.G.’s between 11:45 p.m. and midnight. They rode around some more in defendant’s automobile. During the course of their travels, defendant drove to his parents’ home. Defendant drove his automobile into the driveway, told Van Troba to wait, and went into the house. Defendant returned a short time later with a knife. Van Troba described the knife as “a boot knife.” He explained, “It had about a six-inch blade, double-edged, black handle.”

Defendant drove to Scott City then back to Cape Girardeau. Van Troba fell asleep in the car. He awakened about 2:30 or 3:00 a.m. They were entering Scott City. Defendant drove to a house where his sister-in-law, Traci Davis, was living. Traci and her husband, defendant’s brother, were separated. Defendant told Van Troba to stay in the car and went inside the house. Van Troba testified, “And then he came back and got me and told me that he told Traci that we were being chased by the police and we could stay there for a while.”

Defendant and Van Troba went inside the house. Van Troba laid down on a couch. Traci asked if they wanted blankets. They told her, “[N]o.” She went back to bed. Van Troba was asked the following questions and gave the following answers:

Q. [by the prosecuting attorney] What happened, then, after Traci went back into the bedroom?
A. Well, we laid there and really didn’t say much. Then he started asking me questions, what I thought about her. And I told him I, you know, thought she was cute. And he said, yeah, I’m planning on getting a piece of that.
[[Image here]]
Q. What happened next?
A. Well, I — We just laid there. And the more I thought about it, I wanted to leave. And I told him I wanted to go back to my truck. And he said, well, we drove by it while you was asleep and it was all right.
Q. So what happened next?
A. We laid there some more, and he got up and went to another room and came back with a stick or a club or something.
Q. Can you describe this stick or this club?
A. It was about that long (indicating). Probably six inches — I mean, six foot — No. Three foot.
Q. And how big around, if you can recall?
A. About the size of a broom handle.

Defendant stuck the stick in his sleeve and sat down. He told Van Troba they would leave in a little bit. Defendant gave Van Troba the keys to the car and told him to go start it. Van Troba left the house. He got into the car on the passenger side and turned on the car stereo. He heard a scream. Defendant ran from the house, opened the passenger’s side door and told Van Troba to drive. Van Troba explained, “And he started pushing me over to drive, so I got over and started driving and asked him what happened or asked him what the scream was and he said he killed her.” Van Troba asked defendant why he killed her. Defendant told Van Troba she had caused problems in his family.

Van Troba drove defendant’s automobile to a truck stop about two or three miles from Traci’s house. Van Troba got out of the car. As he walked away, defendant asked him not to call the police. Van Troba called his mother from the truck stop and asked her to come get him.

At approximately 4:37 a.m., November 9, 1991, the Scott City Police Department dispatcher received a call from a woman who said she was bleeding. The dispatcher asked the woman her address. She replied, in a faint voice, that her address was 508 Oak Street. Paramedics and police officers were dispatched to that address. They began ar[672] riving two or three minutes after the call was received.

When the officers and paramedics arrived, lights were on inside the house. There was blood on the doorknob at the rear of the house. Defendant’s knife was lying in grass near the door. The officers and paramedics forced the door open and entered the house. Traci was lying on the floor in the kitchen. The telephone was wrapped around her arm. Traci’s daughter, two or three years old, was standing in a doorway between the living room and the master bedroom of the house.

Traci Davis was alive when the officers and paramedics arrived. She was asked who had assaulted her. She said her brother-in-law, Michael Davis, did it.

A helicopter transported Traci to Southeast Missouri Hospital. She died at 6:35 a.m. An autopsy revealed fourteen stab wounds to Traci’s body. The pathologist who performed the autopsy gave his opinion of the cause of death as “[e]xtensive hemorrhage or bleeding, secondary to stab wounds.”

After Billy Van Troba left defendant at the truck stop where they had driven from Traci’s house, defendant drove on Interstate Highway 55 heading to Michigan. He intended to go to his mother-in-law’s house in Lansing. He stopped at a rest area along the way and called her. He told her he needed to talk to her; that he “got into it with Traci and some stuff had happened.” Defendant drove back onto the road heading toward Michigan.

Later, defendant called his mother-in-law again. He was in Berrien County, Michigan, the state’s southwestern-most county. He called her from a gas station. When she answered her telephone, she was crying. She told defendant that Traci died. Defendant asked what he should do. She told him to go to the police.

Defendant saw a police officer at the gas station. He told the officer what happened and that he wanted to turn himself in and “get things taken care of.” The officer arrested defendant and took him to the Berrien County Sheriffs Department in St. Joseph, Michigan. Defendant gave a statement that was videotaped. The statement was given the date of arrest, November 9,1991. It was admitted in evidence at trial.

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

State v. Davis, 877 S.W.2d 669, 1994 Mo. App. LEXIS 932, 1994 WL 241631 (Mo. Ct. App. 1994).

877 S.W.2d 669 (State v. Davis) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Francis v. State
183 S.W.3d 288 (Missouri Court of Appeals, 2006)
State v. Crawford
32 S.W.3d 201 (Missouri Court of Appeals, 2000)
State v. Evans
992 S.W.2d 275 (Missouri Court of Appeals, 1999)
State v. Kelley
953 S.W.2d 73 (Missouri Court of Appeals, 1997)
State v. Sumlin
915 S.W.2d 366 (Missouri Court of Appeals, 1996)
State v. Weston
912 S.W.2d 96 (Missouri Court of Appeals, 1995)