State v. Letcher

772 S.W.2d 795, 1989 Mo. App. LEXIS 627, 1989 WL 47638
CourtMissouri Court of Appeals
DecidedMay 9, 1989
DocketNo. WD 40778
StatusPublished
Cited by6 cases

This text of 772 S.W.2d 795 (State v. Letcher) 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. Letcher, 772 S.W.2d 795, 1989 Mo. App. LEXIS 627, 1989 WL 47638 (Mo. Ct. App. 1989).

Opinion

NUGENT, Judge.

Defendant Michael E. Letcher appeals from his conviction by a jury of first degree arson. The defendant argues on appeal that the trial court erred in refusing to give an instruction on the lesser included offense of second degree arson; in admitting expert testimony; in failing to grant a judgment of acquittal; in refusing to allow particular questions on voir dire; and in failing to grant a mistrial after locking the courtroom doors during the trial. We affirm the judgment.

Mr. Letcher’s conviction arose from a pre-dawn fire at the McKinzy house in Kansas City. Ernestine McKinzy, her son Edward McKinzy, and her brother, U.L. Woods awakened after three o’clock that morning. They smelled what they thought was natural gas or gasoline and unsuccessfully searched for the source of the odor. [797]*797Later, Mrs. McKinzy looked out of her upstairs window and saw a man she recognized as defendant Letcher walking down the street. She had known him for eighteen years. The day before he had threatened the McKinzys in retaliation for an argument between his mother and one of the McKinzy family. She heard the defendant’s mother, who is her next-door neighbor, yell, “Mike, Mike.” She then looked out her front door and saw defendant Letcher approach the house with something in his hand.

When Mrs. McKinzy saw the defendant approaching, she called the police emergency number to report danger to her house. While on the phone, she heard a loud noise and saw smoke and fire on the front porch. When he heard the noise, Edward McKinzy went to the window and saw the defendant running from the yard. He recognized the braids in Mr. Letcher’s hair.

The McKinzy family acted quickly to extinguish the fire. They attacked it with water from the kitchen, a garden hose, and a blanket, and confined it to the porch. A separate fire burned the grass and damaged a car parked in the yard. The McKin-zys quickly extinguished that fire as well.

Detective William Lutman investigated the fire. He testified that it damaged the porch, its roof, charred the front window frame, and cracked the window. Various items on the porch also burned. He found no fire damage inside the house.

Officer Balfour Rast of the police Arson and Bomb unit also investigated the fire scene and testified as an expert witness. He determined that a Molotov cocktail1 caused the fire on the porch and that the fire in the yard likely arose after someone poured gasoline on the yard and ignited it. He also testified, over the defendant’s objection, that if left unchecked, the fire would have spread into the house and quickly up the staircase. The court would not allow Officer Rast to testify that the fire endangered the lives of the house’s occupants.

The McKinzys told Detective Lutman that Mr. Letcher started the fire. The detective arrested the defendant that evening. Mr. Letcher denied having started the fire. He testified at trial that he had gone to several other places that night and did not arrive at his mother’s house until after the fire had been extinguished. The defendant appeared at trial only to be identified by witnesses and to testify. By his own choice, he appeared in jail clothes.

Using a remote control locking device installed at the bench, the trial judge locked the courtroom doors during the defendant’s testimony. Defense counsel became aware of the locking of the door only after several spectators tried to leave the courtroom. The jurors could also see those unsuccessful attempts. The judge explained that several people had entered and left the courtroom during the defendant’s testimony and that, in the judge’s opinion, the banging doors disrupted the jurors’ attention to the testimony. He locked the doors to prevent further disruption. The court denied the defendant’s motion for a mistrial based on the court’s action in locking the doors.

The court refused the defendant’s proposed instruction for second degree arson. The jury returned a verdict finding Mr. Letcher guilty of arson in the first degree, and the court entered judgment on that verdict. Prom that judgment the defendant now appeals.

Because Mr. Letcher’s first and third points of error rely largely on our disposition of his second and fourth points, we will consider the latter points first. In his second point, he argues that the court abused its discretion in allowing Officer Rast to [798]*798testify to the likely course the fire would have taken if left unchecked, because the officer qualified only as an expert in the cause and origin of fires, not in the spread of fires. AltemUtively, in his fourth point, he argues that because that subject falls within the normal understanding of jurors, they needed no expert testimony.

The trial court may exercise its sound discretion in determining whether to admit expert testimony. We will disturb that decision only if the trial court clearly abuses its discretion. State v. Marks, 721 S.W.2d 51, 55 (Mo.App.1986). The court’s discretion extends to the decision regarding the expert’s qualifications. Id. at 56. A witness may obtain his expertise through both experience and through education. Id.

Here, the court did not abuse its discretion. Officer Rast has attended several fire investigation training courses and had actually investigated about four hundred fires. In both his training and in his experience he had had the opportunity to observe the progression of such fires. Although his investigations normally concentrate on the cause and origin of fires, his experience gained through observing fires progress qualifies him to testify on that matter. Moreover, investigation of the causes and origins of fires necessarily involves the study of the paths such fires take. A study of how fires have progressed should logically prepare one to determine how other fires will progress. The trial court properly qualified Officer Rast as an expert.

The trial court may only admit expert testimony, however, if it concerns a subject about which the layman may not be expected to draw a reasonable conclusion from the facts in evidence. Housman v. Fiddyment, 421 S.W.2d 284, 289 (Mo.1967) (en banc). Fortunately, most laymen will not have the opportunity to observe the progression of a house fire. That subject comes clearly within the experience of fire fighters and arson investigators. Officer Rast’s testimony about the probable path of the fire at the McKinzy residence served its intended function — to assist the jury in reaching its conclusion on the facts. State v. Marks, supra. The court properly admitted the expert testimony.

Mr. Letcher argues in his third point that the court erred in failing to grant a judgment of acquittal in that no substantial evidence supported a finding that the fire subjected the inhabitants of the house to danger of death or serious injury. To support a conviction for arson in the first degree the state must prove beyond a reasonable doubt each of the following elements: (1) that the accused knowingly damaged an inhabitable structure; (2) by starting a fire or causing an explosion; (3) with persons then present or nearby; and (4) thereby recklessly placing those persons in danger of death or serious physical injury. § 569.-040.2; MAI-CR3d 323.06.

The defendant does not challenge the proof of the first three elements.

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Bluebook (online)
772 S.W.2d 795, 1989 Mo. App. LEXIS 627, 1989 WL 47638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-letcher-moctapp-1989.