State v. Wolfe

13 S.W.3d 248, 2000 WL 199271
CourtSupreme Court of Missouri
DecidedMarch 21, 2000
DocketSC 81372
StatusPublished
Cited by105 cases

This text of 13 S.W.3d 248 (State v. Wolfe) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Wolfe, 13 S.W.3d 248, 2000 WL 199271 (Mo. 2000).

Opinions

DUANE BENTON, Judge.

Defendant Danny R. Wolfe was convicted of two first-degree murders, two counts of armed criminal action, and one count of first-degree robbery. He received two death sentences, and three terms of life imprisonment. This Court has exclusive jurisdiction of the appeal. Mo. Const., art. V, sec. 3. Affirmed.

I.

On review, this Court accepts as true all evidence favorable to the State, including all favorable inferences from the evidence, and disregards all evidence and inferences to the contrary. State v. Grim, 854 S.W.2d 403, 405 (Mo. banc 1993); State v. Dulany, 781 S.W.2d 52, 55 (Mo. banc 1989). This Court does not sit as a thirteenth or super juror, voting “guilty” or “not guilty” on the charge. Grim, at 413, 414.

On February 19, 1997, defendant went to the home of a co-worker in Camdenton, and asked to leave a bag there. Agreeing, the co-worker placed the bag in the laundry room. Another man staying at the house looked in the bag and saw what looked like a gray or white wig.

That evening, defendant went to a bar in Lake Ozark. He met Jessica Cox, introduced himself as “Danny,” and played a game of pool with her. Afterward, they sat at the bar and talked.

Defendant asked Cox if she was “into drugs.” She said yes. Defendant asked if she could “get rid of’ some drugs for him. She agreed.

When the bar closed, defendant and Cox left in his pick-up. Defendant said that he would give her a ride home and could get her the drugs. The two then stopped by defendant’s room at a motel for about 20 minutes.

[253]*253Defendant said that they should go to Camdenton. He drove them to the coworker’s house, where he retrieved the bag left earlier. They then returned to the motel.

Defendant told Cox that they would have to go to Greenview to “pick up some money,” but could not leave until 4:30 a.m. Cox asked defendant to take her home. Defendant replied that it would be worth her wait. She decided to stay.

Defendant took some silver handcuffs from the bag. Cox asked why he had them. Defendant said not to worry, he wasn’t going to use them on her. The pair watched television and talked for about two hours.

Around 4:30 a.m. on February 20, the two drove into Camdenton. Defendant stopped at a gas station. Handing over $6, he told her to buy a pair of jersey gloves - which she bought.

They headed toward Greenview on Highway 7, by the home of Leonard and Lena Walters. After about a quarter mile, defendant pulled into a gravel road, turned the truck around, and parked facing the highway. It was about 5:15 a.m.

Defendant announced that he planned to rob the Walters, whom he described as “loaded.” Defendant had been to the house before and said that the Walters had a car for sale. He had indicated that he would return with his girlfriend. Defendant instructed Cox to test-drive the car with Mr. Walters for about 15 minutes, while he would stay behind, handcuff Mrs. Walters, and rob them. Defendant told Cox to call him “Sam” around the Walters and to use “Jo-Jo” for herself.

Defendant was wearing black, shiny, parachute pants and a camouflage jacket, which he had changed into at the motel. He took out the handcuffs, put on the jersey gloves, and polished the handcuffs. Defendant gave Cox a pair of gloves that were already in the truck.

After waiting in the truck for about two hours, defendant drove back to the Walters’ house and pulled into the driveway. He then knocked on the front door. Mrs. Walters came to the door, wearing what “looked like a nightgown.” Defendant entered the house and came back out with Mr. Walters. They walked to a red Cadillac in front of the house.

Cox joined them at the Cadillac. Mr. Walters invited Cox to test-drive it. Defendant asked Mr. Walters if he was going along. Mr. Walters replied there was no reason to. Cox said she would appreciate it, to tell about the car. Mr. Walters then got in the front passenger seat. As Cox put the car in drive, defendant jumped into the passenger side back seat, saying, “Let’s go, Jo-Jo.”

Cox drove toward Greenview. Mr. Walters and defendant discussed the car. After driving a while, Cox turned around, returning toward the Walters’ house.

Hearing a “loud bang,” Cox swerved and glanced over to see Mr. Walters’ head fall forward with blood coming out of his mouth. Defendant had shot Mr. Walters in the back of the head. Cox then saw defendant pull what looked like a gun away from Mr. Walters’ head.

Defendant directed Cox to keep driving. He patted down Mr. Walters and pulled out his wallet. Opening it, he said, “This guy’s loaded.” Cox looked over and saw a large amount of cash.

As Cox pulled into the driveway, defendant told her to park the car where it had been earlier. Before the car fully stopped, defendant jumped out and walked straight to the house. He told Mrs. Walters that he needed to use the phone because Mr. Walters had had a heart attack.

Once in the house, defendant shot Mrs. Walters in the chest with a shotgun while she crouched in front of him. This wound did not kill her. Defendant then stabbed Mrs. Walters - once on the left side, and four times on the right side - while she begged, “Please God, no, no, no.” The fatal stab was to the heart. Mrs. Walters [254]*254did not die immediately, remaining conscious for another three minutes.

Cox heard a “loud bang,” “a bunch of ruckus” from the house, and then silence for about ten minutes. Defendant left the house carrying a safe, which he loaded in the back of the truck. As they left, Cox asked if defendant was going to kill her. He replied that she was his partner, so he was not going to kill her.

Defendant pulled off the road, unloaded the safe, opened it with some tools, and rummaged through it, discarding some contents but stuffing others in his pockets. Defendant then climbed into the truck and drove away. Shortly, he turned the truck around, and retrieved his tools.

Defendant then drove to a subdivision, where he had worked as a painter. Defendant said he was going to get rid of the gun. After getting a key from one house, defendant drove to another area and left the truck for about 10 or IB minutes. When he returned, he was in painter’s clothes. Cox did not see the black, nylon pants he was wearing earlier. Defendant told Cox he had thrown the gun into the lake.

Defendant then stopped by a cigarette store where he was painting later that day. The owner testified that defendant said he had to go get some paint.

After leaving the cigarette store, defendant handed Cox a large amount of cash. He said it was enough to keep her quiet; if she told the police, she would be charged as an accessory to murder; or if she got bail, she would be killed.

Cox asked to be dropped off at the hospital. There, Cox called her fiancé between 8:30 and 9:30, saying she had been kidnapped, the kidnapper had been caught, and it was all over. Cox’s fíancé’s truck was broken, so he told her to call her friends. Two friends testified that they received phone calls from Cox around 9:00, asking them to pick her up.

After dropping Cox off, defendant purchased paint from a supply store, at 9:12 a.m. (according to the invoice).

Cox claims she lied about the kidnapping story because her life would be in danger if she told the truth.

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Bluebook (online)
13 S.W.3d 248, 2000 WL 199271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wolfe-mo-2000.