State v. Williams

375 S.W.3d 920, 2012 WL 4017384, 2012 Mo. App. LEXIS 1133
Missouri Court of Appeals·Decided September 13, 2012·No. No. SD 31794·Published·Cited by 2 cases

Opinion

WILLIAM W. FRANCIS, JR., J.

Joseph V. Williams (“Williams”) appeals his conviction by a jury for the class B felony of violence against an employee of the Department of Corrections, a violation of section 217.385.1 Following his conviction, he was sentenced by the trial court to 15 years’ imprisonment with that sentence to run consecutive to the other sentences he was already serving. In his sole point relied on, Williams argues the trial court erred in refusing to submit his proposed duress instruction to the jury. We affirm the judgment and sentence of the trial court.

Factual and Procedural Background

Williams does not challenge the sufficiency of the evidence to support his conviction. The record reveals that James Presson (“Presson”), a “Storekeeper II” employed at the Southeast Correctional Center in Charleston, Missouri, came into contact with Williams at around 7:00 a.m. [922]*922on the morning of June 23, 2009, while Williams, who was serving a sentence of 734 years, was on his way to breakfast. After Presson asked Williams two separate times to pull up his sagging pants, Presson “touched [Williams] on the arm” with a manila envelope and some forms he was carrying. Presson explained that he did that “[t]o get [Williams’] attention, because [he] had spoke to him twice and he didn’t respond, and [the facility does] have hearing-impaired offenders, so in case he was hearing impaired, it was to try to get his attention.” When Williams still failed to respond to Presson, Presson “called [Williams] back and asked for his ID card, which [Williams] told [Presson] he didn’t have.” Presson then asked Williams “his name and number and was about to write it on one of the forms [he was carrying] so that [he] could contact [Williams’] caseworker to get him an ID card.... ” Around that same time, a corrections officer, Officer Fortner, approached the two as they were standing outside the cafeteria and Presson told Officer Fortner what was transpiring. Just as Presson began to write down Williams’ name, Williams hit him in the face.2 As a result of the assault, Presson suffered a scrape on the right side of his face, a scrape on the left side of his face, two busted lips, a broken tooth, and injuries to both shoulders. Presson testified at trial that he had no prior negative encounters with Williams; he never called Williams any derogatory names; he addressed Williams as “sir” during their encounter; and he did not say anything to Williams after the assault.

Williams testified at trial that the volatile atmosphere found in prison contributed to his assault upon Presson. He stated that in prison “you have ... different politics always going on, on a day-to-day basis, so everybody’s watching everything all the time” such that “it can be imperative to your health if you’re not aware of your surroundings.” He related that prisoners considered “weak” open themselves up to being victims of, among other things, assault, rape, and extortion and that he had personally witnessed such acts being carried out. He related that complying with the orders of a prison guard do not make an inmate weak because of their authoritative position, but that other prison employees, such as Presson, did not have the same air of authority. He related that he had walked past several guards on his way to breakfast without any of them commenting on his clothing and he had never seen a non-guard prison employee engage with a prisoner over a supposed dress violation. Williams asserted that when Presson had him come back out of the cafeteria to get his name and ID number, Presson cursed at him and told him he did not want to see his “black ass.” Williams felt that allowing himself to be seen being “harass[ed]” by Presson would mark him as weak in the prison society hierarchy. He stated there were perhaps sixty other prisoners watching the incident from the cafeteria window. He went on to testify that while he was talking to Presson, another inmate “made eyes” at him and with his “body language, eye contact, things of that nature ...” that prisoner “was egging [him] on.... ” Williams then admitted he was aware that Presson was a prison employee, that he was an inmate, and that he knowingly “struck [Presson] with [his] fists[.]” With that being admitted, he then went on to note that Presson had “worked within corrections long enough to understand that what he did was inviting a situation which he was man enough to invite, so ... he understood what he was getting himself into when he spoke to [Williams] and treated [him] in the manner [923]*923that he did.” Williams then stated on redirect the following:

Personally, I’m never getting out of prison. I’m going to die in prison. I’ve come to that realization years ago. So it would be better to be found guilty so I can file an appeal, possibly take another road trip up here, enjoy, you know, all the amenities afforded to me by this county jail, you know, and break the humdrum of everyday prison life.

At the close of all the evidence, a jury instruction conference was held outside the presence of the jury. The defense submitted the following duress instruction:

INSTRUCTION NO_
If you find and believe from the evidence beyond a reasonable doubt that [Williams] engaged in the conduct submitted in Instruction No._, you will then decide whether or not at that time he acted under duress.
If you further find and believe that it is more probably true than not true,
First, that the prison population threatened the imminent use of physical force against [Williams], and
Second, that this threatened use of force was such that a person of reasonable firmness in [Williams’] situation would not have been able to resist, and
Third, that [Williams] was thereby coerced into engaging in the conduct submitted in Instruction No.
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then you must find [Williams] not guilty under Count_by reason of acting under duress.

The following colloquy then occurred:

[COUNSEL FOR WILLIAMS]: Yes,
Your Honor. As you know, the defense has the burden of injecting the issue that the defendant was under duress. I think his testimony was more than sufficient to do that. He testified that he knew exactly what that look from that other inmate meant, and that that look meant that I can’t believe you’re letting this guy harass you, wait till I get a hold of you. He testified that he believed that if he did not retaliate, he would be sexually or physically assaulted in the near future. Certainly he has — he has done everything he needed to do to establish that he acted under duress. He testified as to the prison environment. He testified as to what happens when you look weak. He testified that [Pres-son], you know, stepped out of his boundaries, that this isn’t something that people who aren’t guards do. I think he’s made it more than clear as to why he did what he did, and I think the duress instruction is warranted accordingly.
THE COURT: [The State]?
[THE STATE]: Your Honor, of course the State does not find the instruction consistent with the evidence presented. Maybe the Court has an extra copy of that duress instruction that they wish to offer. Thank you.

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State v. Williams, 375 S.W.3d 920, 2012 WL 4017384, 2012 Mo. App. LEXIS 1133 (Mo. Ct. App. 2012).

375 S.W.3d 920 (State v. Williams) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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