State v. Wilhelm

774 S.W.2d 512, 1989 Mo. App. LEXIS 1007, 1989 WL 74736
Missouri Court of Appeals·Decided July 11, 1989·No. No. WD 40918·Published·Cited by 4 cases

Opinion

FENNER, Judge.

Appellant Charles D. Wilhelm appeals his convictions for assault in the first degree and assault in the second degree. Appellant was convicted after trial by jury and sentenced in accordance with the jury’s ver-diets to consecutive terms of ten years’ imprisonment and two years’ imprisonment respectively.

In this case, appellant was charged in Count I of the information as follows:

Charles D. Wilhelm, or another person with whom he acted with the purpose of promoting or furthering the commission of an assault in the first degree, did, in violation of Section 565.050, RSMo, commit the Class A felony of assault in the first degree, punishable upon conviction under Section 558.011.1(1), RSMo, in that on or about the eighteenth day of January, 1988, in the County of Buchanan, State of Missouri, the defendant, or another person with whom he acted with the purpose of promoting or furthering the commission of said assault, knowingly caused serious physical injury to Judith T. Wells by shooting her.

The second count charged against appellant was:

Charles D. Wilhelm, or another person with whom he acted with the purpose of promoting or furthering the commission of assault in the second degree, did, in violation of Section 565.060, RSMo, commit the Class C felony of assault in the second degree, punishable upon conviction under Section 558.011.1(3) and [Section] 560.011, RSMo, in that on or about the eighteenth day of January, 1988, in the County of Buchanan, State of Missouri, the defendant, or another person with whom he acted with the purpose of promoting or furthering the commission of said assault, knowingly caused serious physical injury to Francis L. Wells by means of a deadly weapon.

Judith Wells and Francis Wells had been husband and wife until their divorce in June of 1987. Prior to their divorce being finalized, Judith and Francis Wells separated in February of 1986. There were two girls born to the marriage of Judith and Francis Wells. At the time of trial, June of 1988, the girls were ages nine and thirteen and they had lived with Judith Wells continuously.

Viewed in the light most favorable to the State, the following facts were adduced at [514] trial. After her separation from Francis, Judith Wells began to date appellant. Appellant and Judith Wells began living together in her house at 1812 Jones Street, St. Joseph, Missouri, in April, 1987. Judith Wells and appellant lived together until November of 1987 and during that time appellant and Francis Wells had several confrontations. Appellant and Francis Wells argued over the way appellant was disciplining the Wells’ children. Francis Wells also accused appellant of making inappropriate sexual advances toward the children and appellant disliked Francis Wells because he believed Francis Wells had molested one of his own daughters.

During the time Judith Wells and appellant lived together Judith heard appellant make threats toward Francis Wells. Appellant threatened to beat Francis up and to “blow him away”. When Judith and appellant broke up in November of 1987, appellant said “it would be fun watching [Francis] go down”. Appellant also said “If I can’t have [Judith], no one else will,” and that “he’d do anything in his power to stop [Judith and Francis] from ever getting back together”. After Judith Wells and appellant stopped living together her ex-husband Francis moved back in with her and their children at 1812 Jones.

In December of 1987 appellant initiated a series of conversations with Joyce and Richard Dreher1. Appellant told the Dre-hers in their first conversation that a little girl had been molested and that the man who had molested the child needed to be “taken care of”. According to the Dre-hers, appellant said that the man needed to be taken care of late at night because he was a truck driver2. Appellant told the Drehers that “he wanted the man hurt”.

Around the first of January, 1988, appellant called the Drehers on the telephone. Appellant said “he wanted the man hurt”, he said “put him away”. The Drehers told appellant that they didn’t want any part of what he was proposing. Shortly after their second conversation appellant contacted the Drehers again asking for their help. During the course of their conversations appellant told Joyce Dreher that “he did not want the woman hurt”. Appellant referred to the woman as Miss Judith and said that he had a prior relationship with Miss Judith. Appellant said Miss Judith had gone back with her husband and appellant didn’t want the daughter back with them because he accused the father of sexually molesting the little girl.

On December 31, 1987, New Year’s Eve, appellant called the Dreher home two or three times and sounded “like he was really upset.” He said he wanted the man “put away”, “blown away”, “killed”. Appellant said tonight needed to be the night because the man would be leaving with his truck. The Drehers testified that they consistently told appellant they didn’t want any part of his plan. After New Year’s Day appellant called the Drehers again and told Joyce Dreher that “it was going to be taken care of” and asked if she knew anyone else who could help him since the Drehers would not help.

On January 17, 1988, Judith Wells finished working at approximately 11:45 p.m. and drove home with her ex-husband. Upon arriving home they stayed up and watched television until they went into her bedroom. Once in her bedroom Judith lay on the bed and Francis sat on the floor at the foot of the bed. They talked for about thirty minutes and at approximately 3:15 a.m. they heard an explosion near one of the bedroom windows.

Judith and Francis had both been shot. Judith had multiple pellet wounds to the right side of her body and injuries to her chest, abdomen and right leg. A medical expert testified that the injuries sustained by Judith presented a substantial risk of death. Francis Wells had seven flesh wounds in his right shoulder and arm. Immediately after the shot Judith heard a gasp, which she described as a sharp intake of air, from outside the bedroom window. Judith stated that the gasp sounded like a [515] gasp that appellant had made before when he was aggravated or tired.

The significant events immediately surrounding the shooting of Judith and Francis in the early morning hours of January 18, 1988, can most clearly be set forth chronologically as follows:

Thursday, January 14, 1988 — Margaret Weaver, a neighbor of Judith Wells, got out of bed at 4:00 a.m. to go to the bathroom. Mrs. Weaver observed appellant’s car in the alley directly behind the Wells’ house. Mrs. Weaver observed the car sitting in the alley for approximately ten minutes. Appellant was behind the wheel of the car and he was alone. Appellant was looking at Mrs. Weaver and he passed her as he left the alley.

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State v. Wilhelm, 774 S.W.2d 512, 1989 Mo. App. LEXIS 1007, 1989 WL 74736 (Mo. Ct. App. 1989).

774 S.W.2d 512 (State v. Wilhelm) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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