399 S.W.3d 518
Mo. Ct. App.2013Background
- McAllister was convicted by a jury of two counts of first-degree assault of a law enforcement officer, two counts of armed criminal action (ACA), and one count of unlawful use of a weapon after discharging a firearm from a motor vehicle.
- Incident occurred January 26, 2011, during a pursuit on highway 270 to highway 170, when occupants of a Dodge Stratus showed guns and fired at officers’ vehicle.
- Officer Percich identified McAllister as the rear-driver-side shooter; Percich testified he saw him fire at the police vehicle.
- The Dodge Stratus stopped; McAllister was in the backseat with a handgun grip visible; a Smith & Wesson revolver was recovered with five empty cartridges.
- The jury convicted on all five counts; McAllister was sentenced to twenty years for each assault and ACA count and fifteen years for unlawful use of a weapon, all to be served concurrently.
- On appeal, McAllister contends the evidence is insufficient to support the conviction for felony assault of Officer Jackson and the related ACA, arguing lack of specific intent to kill or cause serious injury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for first-degree assault of Officer Jackson and ACA | McAllister argues lack of specific intent to kill or cause serious injury. | McAllister contends the evidence shows he did not aim at Jackson and fired only once. | Evidence supports sufficient intent and multiple shots could be inferred; convictions affirmed. |
Key Cases Cited
- State v. Whalen, 49 S.W.3d 181 (Mo. banc 2001) (defines substantial step and intent in first-degree assault)
- State v. Williams, 126 S.W.3d 377 (Mo. banc 2004) (inference of intent from surrounding facts)
- Bryant v. State, 316 S.W.3d 503 (Mo.App. E.D.2010) (defines purpose and intent elements)
- State v. Mann, 129 S.W.3d 462 (Mo.App. S.D.2004) (circumstantial evidence of intent admissible)
- State v. Burse, 231 S.W.3d 247 (Mo.App. E.D.2007) (multiple shots near officer supports substantial step)
- State v. Keeler, 856 S.W.2d 928 (Mo.App. S.D.1993) (intent required for assault on officer)
- State v. Beam, 334 S.W.3d 699 (Mo.App. E.D.2011) (standard for evaluating evidence on appeal)
- State v. Gibbs, 306 S.W.3d 178 (Mo.App. E.D.2010) (sufficiency review standard)
- State v. Belton, 153 S.W.3d 307 (Mo. banc 2005) (relevance to doctrine on criminal liability)