STATE OF MISSOURI, Plaintiff-Respondent v. MICHELE LYNN MONTIEL, 509 S.W.3d 805

On Oct. 21, 2011, Michele Montiel's minivan struck a horseback rider (Victim) and his horse on Blue Springs Road at or near sunset; Victim suffered severe injuries and the horse was euthanized.
Witnesses saw a female driver in a minivan at the scene who initially slowed, made eye contact with another rider, then sped away; the victim was found half on/half off the road.
Trooper Kahler found a 104-foot debris trail, paint fragments, manure, horse hair, and a passenger-side mirror; Montiel later contacted police and Trooper Kahler observed extensive vehicle damage and biological evidence consistent with striking a horse.
Montiel admitted trying to wipe down the vehicle, said she thought she hit an animal, and testified she believed she had hit a deer and did not see a rider until learning of the incident from TV.
Montiel was convicted by a jury of second-degree assault (recklessly causing serious physical injury) and leaving the scene of a motor vehicle accident; sentenced to concurrent terms (five years and four years) and appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for second-degree assault (recklessness)	Evidence showed Montiel drove off roadway and struck clearly visible rider/horse; flight and attempts to conceal support recklessness	Montiel asserted she did not see rider, thought she hit a deer, so lacked conscious disregard (recklessness)	Affirmed — evidence (lighting, vehicle damage, debris, flight, cleaning) supported reasonable inference of recklessness
Prosecutor's comment implying defense counsel committed an ethical violation	State used a question suggesting counsel failed to disclose phone records; trial court sustained objection	Montiel argued court should have sua sponte instruct jury to disregard the insinuation	Affirmed — claim not preserved: objection sustained and no further relief requested, so no appellate review
Sufficiency of evidence for leaving the scene (knowledge element)	Physical and testimonial evidence (visible victim, debris, damage, eye contact) supported that Montiel knew injury/damage	Montiel argued she was unaware she hit a person/property and immediately contacted police once she learned	Affirmed — circumstantial evidence permitted jury to infer she knew injury/damage and still left the scene

State v. Wilson, 333 S.W.3d 526 (Mo. App. S.D. 2011) (recklessness inference from driving off roadway and striking visible object)
State v. Morrison, 174 S.W.3d 646 (Mo. App. W.D. 2005) (standard for sufficiency review)
State v. Clark, 110 S.W.3d 396 (Mo. App. W.D. 2003) (appellate courts should not act as super jurors)
State v. Brown, 996 S.W.2d 719 (Mo. App. W.D. 1999) (mental state proven by circumstantial evidence; credibility is jury province)
State v. Rowe, 838 S.W.2d 103 (Mo. App. E.D. 1992) (mental state rarely subject to direct proof)
State v. Chapman, 876 S.W.2d 15 (Mo. App. E.D. 1994) (flight/concealment as evidence of guilt)
State v. Lockett, 639 S.W.2d 132 (Mo. App. W.D. 1982) (attempts to flee/conceal support culpability)
State v. Hibbert, 14 S.W.3d 249 (Mo. App. S.D. 2000) (false exculpatory statements show consciousness of guilt)
State v. Roper, 136 S.W.3d 891 (Mo. App. W.D. 2004) (reluctance to require trial courts to act sua sponte beyond relief requested)
State v. Sand, 731 S.W.2d 488 (Mo. App. S.D. 1987) (objections sustained with no further request preserve no issue for appeal)