State v. Bradshaw
2013 Mo. App. LEXIS 1296
| Mo. Ct. App. | 2013Background
- On May 7, 2008, Defendant Roy Dale Bradshaw, Jr. and Jaclyn Agee entered Albert Shomaker’s home armed, tied Albert, and stole money; Diane Ledgerwood was shot and killed in the home.
- Later that night Defendant and Agee forced Albert, Kenneth Shomaker, and Leeoma Vinson into a car; Ledgerwood’s body was placed in the trunk. Defendant drove; Agee guarded the back-seat victims with a gun.
- Defendant released Kenneth and Vinson on a gravel road, continued driving with Albert, and ultimately separated after the car ran out of gas; Albert later reported the crimes and authorities found Ledgerwood’s body.
- Defendant confessed to breaking in, taking property, and shooting Ledgerwood; he was charged with 18 offenses including second-degree murder, burglary, robbery, three counts of kidnapping (each alleged to facilitate first-degree murder), felonious restraint, and armed criminal action.
- Defendant waived a jury; the bench convicted him on all counts. On appeal he argued insufficient evidence supported the three kidnapping convictions because the information alleged facilitation of first-degree murder while the conviction was for second-degree murder.
- The trial court’s judgment was affirmed: the court held the indictment’s allegation was surplusage where the proven acts fit the statutory kidnapping definition and the defendant had adequate notice; any variance was unpreserved and did not establish plain error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for kidnapping convictions | State: proven removal and restraint fit §565.110.1(4) (kidnapping to facilitate any felony) | Bradshaw: indictment alleged facilitation of 1st-degree murder but conviction was 2nd-degree murder, so evidence did not match charging details | Affirmed — proved acts fit statutory kidnapping; the specific allegation of 1st-degree murder was surplusage and did not defeat sufficiency |
| Variance between charging document and proof | State: indictment gave adequate notice of the kidnapping charge; proof need only fall within statutory definition | Bradshaw: variance between alleged felony (1st-degree murder) and convicted felony (2nd-degree murder) prejudiced defense | Variance unpreserved at trial; plain-error review fails because no evident, obvious error and defendant showed no prejudice |
| Requirement to prove surplusage in information | State: surplus language in an information need not be proved if the charged offense elements are met | Bradshaw: precise details alleged must be proved to sustain conviction | Court: surplus details are not required; only elements need proof and defendant had notice |
| Whether asportation facilitated the felony or delayed reporting | State: moving victims and releasing them some distance away delayed reporting and facilitated flight | Bradshaw: claimed movement served only to release two victims, not to facilitate murder | Court: evidence showed removal delayed reporting and facilitated defendant’s flight, supporting kidnapping convictions |
Key Cases Cited
- State v. Breedlove, 348 S.W.3d 810 (Mo. App. S.D. 2011) (standard for sufficiency review in court-tried cases)
- State v. Agee, 350 S.W.3d 83 (Mo. App. S.D. 2011) (asportation that delays victims’ reporting can show facilitation of felony)
- State v. Bush, 250 S.W.3d 776 (Mo. App. S.D. 2008) (due process requires proof of each element beyond a reasonable doubt)
- State v. Nelson, 334 S.W.3d 189 (Mo. App. W.D. 2011) (charging details that are surplusage need not be proved)
- State v. Dean, 382 S.W.3d 218 (Mo. App. S.D. 2012) (plain-error review framework and higher burden for appellate relief)
- State v. Kohser, 46 S.W.3d 108 (Mo. App. S.D. 2001) (an information gives notice of offenses included in the charged offense)
- State v. Morgan, 645 S.W.2d 134 (Mo. App. E.D. 1982) (asportation distance can support finding the kidnapping facilitated the felony)