WD87697
Missouri Court of Appeals, Wes...Jul 7, 2026Background
- Derrick was charged with two murders, two armed criminal action counts, domestic assault, and endangering the welfare of a child arising from August and November 2022 incidents. 1
- In August 2022, Derrick allegedly choked and punched Victim 1, then sent her threatening texts about killing her if she left him. 2
- In November 2022, Victim 1 called 911 reporting Derrick was abusing her and armed with a gun; five gunshots were heard and Victim 1 and Victim 2 died from gunshot wounds. 3
- Derrick later told police and testified that he acted in self-defense and that Victim 1 shot Victim 2 before he shot Victim 1. 4
- The jury convicted Derrick of voluntary manslaughter, involuntary manslaughter, armed criminal action, and domestic assault, but acquitted him of endangering the welfare of a child. 5
- The trial court imposed consecutive sentences totaling 62 years, and Derrick appealed joinder and severance rulings. 6
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether August and November charges were properly joined 7 | Derrick said the incidents were separate and not a common scheme. | State said the crimes were connected and part of a continuing domestic-violence scheme. | Joinder was proper. 8 |
| Whether the trial court should have severed the charges 9 | Derrick claimed joinder caused substantial prejudice and inflamed the jury. | State said evidence was simple, distinct, and each count could be separately considered. | No abuse of discretion in denying severance. 10 |
Key Cases Cited
- State v. Reeder, 182 S.W.3d 569 (Mo. App. E.D. 2005) (joinder and severance are distinct issues 11)
- State v. Roberts, 465 S.W.3d 899 (Mo. banc 2015) (liberal joinder of criminal offenses is favored 12)
- State v. Hood, 451 S.W.3d 758 (Mo. App. E.D. 2014) (joinder is proper when offenses are of similar character or part of a common scheme 13)
- State v. Boyd, 659 S.W.3d 914 (Mo. banc 2023) (abuse-of-discretion and severance-prejudice standards 14)
- State v. McKinney, 314 S.W.3d 339 (Mo. banc 2010) (simple, distinct evidence can overcome prejudice from joinder 15)
- State v. Herring, 715 S.W.3d 623 (Mo. App. W.D. 2025) (acquittal on one count can show the jury separated the evidence 16)
- State v. Hallmark, 635 S.W.3d 163 (Mo. App. E.D. 2021) (conclusory prejudice claims are insufficient 17)
- State v. Tolliver, 101 S.W.3d 313 (Mo. App. E.D. 2003) (prior misconduct against the victim may show motive, intent, or absence of mistake 18)
- State v. Williams, 608 S.W.3d 205 (Mo. App. W.D. 2020) (evidence viewed in the light most favorable to the verdict 19)
