State v. Graham

553 S.W.3d 411
Missouri Court of Appeals·Decided June 26, 2018·No. WD 80563·Published·Cited by 3 cases

Opinion

On August 26, 2014, at 5:28 p.m., A.L. received a series of text messages from the *414number (904) 373-9763. A.L. testified that, while she did not recognize the phone number, the content of the messages indicated that the messages were from Graham. The text conversation read:3

Graham: Hi
A.L.: Who is this
Graham: lied to you, I have a recording of her admitting it. Roderick listen to the recording ask
Graham: Robin Hood. I'm not trying to reconcile or contact you or anything. Just trying to get some normalcy back into my life, what's left of it. My mom trick and
Graham: him what he heard my Mom say about you I'm not trying to undermine you and force your family on me.
Graham: Just looking for peace and happiness. Your things have been return Roderick has them. Never planned on keeping them
Graham: Not trying to be in your life, but I will never break my promise to take care of u, u know I paid some bills last month, I gave u things back, I haven't
Graham: bothered u. I just want to make peace-on your terms.
A.L.: Leave me the fuck alone!!!!!!
Graham: regardless of outcome
Graham: Trying to stay true to my word. It's all I have and it's been tarnished bad. I pray for you every day, and always will. After court trial, I won't bother you
Graham: I'm not bill Thomas I won't hate or slander you
Graham: I pray for peace over your heart. Over your emotions, and I pray God himself walk you through forgiveness
Graham: I DON'T A RELATIONSHIP OR FRIENDSHIP with you just PEACE Marie
Graham: If you do nothing else on earth, listen to the video of her and I talking and she saying "I tricked her into telling me everything-then told her you were
Graham: broke and you would flip her life upside down if she didn't run"
Graham: I will fight tooth and nail legally to clear myself
Graham: I will not slander your name or speak ill at all. In nothing.
Graham: Did u get your stuff back
Graham: Your Oprah tour Atlanta tickets came in the mail
Graham: Love the back to school fashion show are you looking for sponsors? Would love to sponsor it
Graham: Would love to pray with you for peace
Graham: I won't EVER contact you just show some grace here so we don't end up in a full trial with dirty laundry aired. All asking, I will even sign a no contact
Graham: agreement
Graham: 8/6/2014 water bill, adt, sprint, direct tv, Boone electric bills paid
Graham: Water 40, adt 50, Sprint 100 direct tv 130, electric 150
Graham: I know u noticed those bills paid
Graham: Won't change my will, won't change my life insurance policies, won't stop praying for you, but certainly won't pursue you. I'm done there for good.
Graham: Leave me the fuck alone!!!!!!4
*415Graham: I will take a polygraph test to prove im bring honest

At 10:16 p.m., Graham initiated another series of texts with A.L.:5

Graham: U fucking Regis mcbride again
Graham: I want my life back I have no intentions on bothering u
Graham: U let tammie lie to you, you let Angie lie to you
Graham: And I just

On August 29, 2014, Graham again contacted A.L. via text message using the same phone number. That message stated:6

Graham: Be faithful with your love. God truth will be revealed my promises will be kept and shown/proved to be true. Forgiveness and Gods purpose for our lives will be
Graham: displayed and at the end of the I'm going to be right here if you ever call and need me.
Graham: I love you [A.L.], doing everything in "my" power to make things right while trusting on HIM for the results. Goodnight

A.L. reported Graham's violation of the full order of protection to Deputy Vessar on September 2, 2014.

Deputy Vessar contacted Graham on September 19, 2014. Deputy Vessar told Graham "There is an order of protection against you by [A.L.]." Graham responded, "I know that." Deputy Vessar told Graham that the full order of protection was dated August 6, 2014. Graham responded, "I know." Graham told Deputy Vessar that (904) 373-9763 was not his phone number. Graham denied sending A.L. text messages. Deputy Vessar told Graham that he was not allowed to contact A.L. Graham became angry and told Deputy Vessar not to contact him again.

Graham again contacted A.L. via text message on September 24, 2014, using the (904) 373-9763 phone number. Graham wrote, "You're beyond beautiful and praying for your success is a guilty pleasure of mine. Be fearless."7

On November 1, 2014, A.L. held a grand opening for her clothing business located at 1205 Rangeline in Columbia, Missouri. A.L.'s son, R.T., was at the store assisting with the grand opening when he received a phone call from (904) 373-9763. R.T. answered the phone and recognized Graham's voice. R.T. did not speak with Graham and, instead, put the phone down and walked away. Graham made several calls to R.T.'s phone, and each time, R.T. would answer the phone, set the phone down, and walk away. Graham then sent two text messages to R.T. from phone number (904) 373-9763 at 2:14 p.m. R.T. showed the text messages to A.L. and forwarded them to her phone. Those text messages stated,8 "I'm on log providence road right now about to set this shit in flames," and "Bloodbath time." A.L. lived on Log Providence Road, approximately thirty minutes south of downtown Columbia, with her minor children, who were twelve and five at the time. When Graham sent the text messages to R.T., A.L.'s minor children were in the home. A.L. was "terrified that [her] children were in danger."

Within a few minutes of Graham's texts to R.T., Graham placed an anonymous call to the information desk at the Boone County Sheriff's Department using phone number (817) 300-9091, the same number Deputy Vessar had used to reach Graham.

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State v. Graham, 553 S.W.3d 411 (Mo. Ct. App. 2018).

553 S.W.3d 411 (State v. Graham) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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