402 S.W.3d 146
Mo. Ct. App.2013Background
- Reed was located at 610 North Main in Kirksville by plain-clothed detectives and a uniformed officer attempting to arrest him on multiple warrants.
- Detectives Jones and Cordray identified Reed as a suspect; Harden arrived later at the scene.
- Reed grabbed a pistol as he resisted arrest, firing at the detectives during a struggle.
- The gunshot narrowly missed the detectives; Reed attempted to fire multiple times, but the gun was found to have only one live round.
- Ambulance personnel later heard Reed deny suicide when speaking with them, regarding the shooting.
- The trial court convicted Reed of two counts of assault on a law enforcement officer in the first degree, armed criminal action, and resisting arrest; Reed appeals challenging the sufficiency of the assault evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Reed knew the detectives were law enforcement officers | Reed was aware due to prior interactions and badge visibility | Reed argues lack of clear personal ID in plain clothes negates knowledge | Knowledge found; sufficient evidence Reed knew police were officers |
| Whether Reed intended to kill or seriously injure two officers with one shot | Single shot could still show intent due to subsequent firing attempts | Impossible to injure two with one shot; insufficient to show specific intent | Sufficient circumstantial evidence to infer intent to kill or seriously injure both officers |
Key Cases Cited
- State v. Summers, 43 S.W.3d 323 (Mo.App. W.D.2001) (knowledge of officer identity when undercover or unannounced)
- State v. Baker, 636 S.W.2d 902 (Mo. banc 1982) (recognizes evidence may show awareness of victim’s police status)
- Brooks v. State, 242 S.W.3d 705 (Mo. banc 2008) (gun in ready position as evidence of intent)
- State v. Depriest, 822 S.W.2d 488 (Mo.App. S.D.1991) (flight to avoid arrest supports intent to injure or kill)
- Bryant v. State, 316 S.W.3d 509 (Mo.App. E.D.2010) (conduct surrounding attempts to fire supports intent)
- Mann v. State, 129 S.W.3d 462 (Mo.App. S.D.2004) (proximity of firing to officer indicates substantial step toward injury)
- Ward v. State, 273 S.W.3d 43 (Mo.App. W.D.2008) (courts infer intent from conduct corroborating purpose to injure)
- O’Brien, 857 S.W.2d 212 (Mo. banc 1993) (standard for reviewing sufficiency—beyond reasonable doubt)
- Sladek, 835 S.W.2d 308 (Mo. banc 1992) (review standard for bench trials)