State v. Plaster

813 S.W.2d 349, 1991 Mo. App. LEXIS 1135, 1991 WL 133627
CourtMissouri Court of Appeals
DecidedJuly 23, 1991
DocketNo. 58851
StatusPublished
Cited by2 cases

This text of 813 S.W.2d 349 (State v. Plaster) 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. Plaster, 813 S.W.2d 349, 1991 Mo. App. LEXIS 1135, 1991 WL 133627 (Mo. Ct. App. 1991).

Opinion

PUDLOWSKI, Presiding Judge.

Defendant, Thomas B. Plaster, was found guilty after a jury trial of attempted arson in the first degree, in the Circuit Court of Franklin County and was sentenced to six years imprisonment. This appeal follows.

Viewing the evidence in the light most favorable to the verdict reveals that the defendant met and started dating Patty Hadley in September of 1986. Five or six months later Patty and the defendant moved in together, living in a few different places until finally settling in a trailer across the street from Patty’s mother’s trailer home. This arrangement continued until July 4, 1989, when Patty decided to leave and move in with her mother.

A couple of weeks after Patty moved back in with her mother and two sisters, the Hadley family all moved into a new trailer in the Pacific Summit Estates trailer park in Franklin County. They never told the defendant that they were moving or gave him their new phone number but soon thereafter the defendant started making threatening phone calls two or three times a day to the new Hadley family trailer home. During this time Patty never made any phone calls to the defendant.

On the evening of October 8, 1989, Patty went to work at a local nursing home leaving her mother and Dawn, one of her two sisters at their trailer home. At approximately 10:30 that evening Patty’s mother and Dawn were sitting in the living room of the trailer home, watching television, when a large explosion shook the trailer. Patty’s mother and Dawn, both looked outside the trailer home but couldn’t see anything because of the smoke. Patty’s mother called the sheriff’s department and they in turn called in fire investigators and agents from the Bureau of Alcohol, Tobacco and Firearms.

During the ensuing investigation law enforcement authorities found a fragmented eleven inch metal pipe, some wires in the yard and a blackened spot on the asphalt road in front of the trailer. These law enforcement authorities interviewed Patty Hadley’s family and were told that the defendant had been repeatedly harassing Patty and her family and further, that the defendant had made many bomb threats.

Law enforcement authorities also interviewed Joel and Dixie White who lived in a nearby trailer in the trailer park on the other side of a wooded area from Patty Hadley’s trailer home. Dixie White stated that both she and her husband were awakened by the explosion the night of October 8,1989, and that when she got out of bed and went to look out the window she saw a figure running out of the wooded area separating their trailer home from Patty Hadley’s trailer home. Joel got up and went outside and both Joel and Dixie called to the figure to stop and to tell them what had happened. The figure finally stopped and approached Joel. Joel walked out to meet him and got to about three feet away from the figure who he later identified as the defendant, Tom Plaster. During the conversation that ensued, Joel ob[351]*351served the defendant to be out of breath, kind of jittery and real excited. Joel also observed the defendant to be carrying a red duffel bag over his shoulder. The defendant denied knowing anything about the explosion and simply stated that he had to get out of there.

During their investigation law enforcement authorities interviewed the Benton family who were close friends of the defendant. Valerie Benton testified that the defendant came by the Bentons’ house on Thursday October 5, 1989, carrying a red bag. The defendant told Valerie he had to show her something and proceeded to open the red bag and take out a foot long round piece of metal with metal caps on it and a green wick sticking out, telling Valerie it was a bomb. The defendant also showed the bomb to Randy Copeland, Valerie’s boyfriend.

On Friday, October 6, 1989, the defendant stopped by the Benton residence again and stayed the weekend, continually making threats against Patty Hadley’s mother. Pat Benton, Valerie’s mother was away for the weekend. On Saturday, October 7, 1989, Valerie Benton and Randy Copeland again observed the defendant open up his red bag, but this time they observed the defendant take out three metal pipes all taped together with end caps and fuses. On Sunday, October 8, 1989, Valerie and Randy observed the defendant take out an ice cream push tube at the kitchen table and put plastic on the end of it. The defendant then pulled out some black, grainy material from his red bag which he poured into the tube and he took out some liquid and put that into the tube. The defendant put a cap on the tube, placed a green wick in it and put it in his red bag. The defendant left the Benton house that night some time in the early evening.

On Monday morning, October 9, 1989, Pat Benton, arrived back home and the defendant came back to the Benton home that morning asking Pat if she had heard anything about an explosion and admitting that he attempted to blow up Patty Had-ley’s family’s trailer home.

Also on Monday, law enforcement authorities went to the home of the defendant’s mother, Etta Plaster and asked to search the house and more specifically the room in which the defendant sometimes stayed. Etta consented to this search and the officers found diagrams of the Pacific Summit Estates trailer park and of the Hadley trailer home. Law enforcement authorities also found a red bag.

Defendant’s first point on appeal alleges that the trial court abused its discretion in striking venirepersons Carole Hommes and Harry Miller for cause, because both venirepersons gave unequivocal answers during the voir dire examination that indicated their ability to sit as fair and impartial jurors. Defendant further claims that this action by the trial court effectively granted the state additional peremptory strikes.

It has been well established that “[a] trial court has wide discretion in determining the qualifications of members of the venire, and on appeal the court will not disturb the trial court’s ruling on a challenge for cause absent a clear abuse of discretion and a real probability of injury to the complaining party.” State v. Walton, 796 S.W.2d 374, 377 (Mo. banc 1990). Because of its ability to observe the demeanor and evaluate the responses of each venire-person, the trial court is in a superior position to evaluate a venireperson’s ability to impartially follow the law and any doubts as to the decision of the trial court in this regard should be resolved in its favor. Id. at 378.

The trial court based its order sustaining a challenge for cause of venireper-son Hommes, on the fact that Hommes vacillated when answering some of the prosecuting attorney’s questions during voir dire. The trial court further found that Hommes would not be qualified to serve as a juror in this case because she had many “experiences” which would raise doubts as to her ability to be fair and impartial. These experiences included: reading extensively about this case in the newspaper when it was first reported, having had a close personal friend or member of the family charged with accessory to [352]*352murder, having the tires of her car slashed and having had several close friends experience harassment. The defense alleges that venireperson Hommes gave unequivocal assurances of impartiality when she was questioned as to whether these four experiences would affect her ability to sit as a fair juror. We disagree.

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

Related

STATE OF MISSOURI, Plaintiff-Respondent v. ANTHONY W. KALTER
442 S.W.3d 124 (Missouri Court of Appeals, 2014)
State v. Isa
850 S.W.2d 876 (Supreme Court of Missouri, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
813 S.W.2d 349, 1991 Mo. App. LEXIS 1135, 1991 WL 133627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-plaster-moctapp-1991.