M.L.G. v. R.W.
406 S.W.3d 115
| Mo. Ct. App. | 2013Background
- R.W. and M.L.G. are long-time neighbors with adjoining properties; R.W.'s land is about eight acres and M.L.G.'s about four-and-a-half acres.
- They rarely interacted, but on September 11, 2012, R.W.'s wife discussed spraying herbicide along the property line with M.L.G.'s wife.
- R.W. asked that spraying stop due to concerns about his horses' health, and the next day M.L.G. addressed the matter with R.W.
- During that discussion, R.W. pulled a gun from his front pocket and threatened M.L.G., allegedly placing the gun to her temple and a struggle ensued with M.L.G. pinning R.W. to the ground; no shots were fired.
- St. Louis County police responded; no criminal charges were filed.
- M.L.G. petitioned for an order of protection; the trial court granted a full order of protection, which R.W. challenged on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence shows stalking under §455.010(13) | M.L.G. argues multiple conduct events show stalking. | R.W. contends only one incident occurred, insufficient for stalking. | Insufficient evidence; single incident cannot support stalking. |
Key Cases Cited
- Dennis v. Henley, 314 S.W.3d 786 (Mo.App. S.D.2010) (single-incident rule applies to stalking)
- Todd v. Plack, 318 S.W.3d 809 (Mo.App. W.D.2010) (single incident insufficient for full order)
- McGrath v. Bowen, 192 S.W.3d 515 (Mo.App. E.D.2006) (affirmation standards in court-tried cases)