State v. Schumacher, 298 Kan. 1059

On March 23, 2010, Todd Schumacher went to his ex-wife Ann’s house, produced a handgun, and shot her in the presence of their 15‑year‑old daughter (M.S.), who recorded the encounter; Ann died from a single close‑range gunshot.
Prior to the killing, Schumacher had sent threatening texts and told multiple people (friends/family) he intended to kill Ann after learning she sought custody of their children; several witnesses observed him intoxicated and making threats the night before and early morning of the shooting.
M.S.’s phone video (admitted into evidence) contains an audible click immediately before Schumacher says, “Here’s your fucking example, right here,” and the gunshot is audible; forensic testing matched bullet fragments to a .357 Ruger recovered from Schumacher’s pickup.
Schumacher testified he intended to commit suicide, claimed the shot was accidental while attempting to shoot himself, and described prior suicidal ideation and earlier attempts; defense presented testimony corroborating his suicidal history.
A jury convicted Schumacher of first‑degree premeditated murder and endangering a child; he was sentenced to 25 years to life (murder) and a concurrent one‑year term (child endangerment). He appealed, arguing insufficient evidence and prosecutorial misconduct in rebuttal closing.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Schumacher)	Held
Sufficiency — premeditation	Evidence (threats, bringing and using a loaded revolver, conduct before/after shooting) supports inference of reflection/deliberation	Shot was accidental during suicide attempt; prior suicidal history and lack of provocation negate premeditation	Affirmed — reasonable juror could find premeditation from threats, gun use, conduct, lack of provocation
Sufficiency — endangering a child	Schumacher knew children were present and fired a loaded gun in living room, creating more than a faint/remote risk	No unreasonable placement of M.S.; accident mitigates culpability	Affirmed — evidence shows intentional/unreasonable placement of child in danger
Prosecutorial misconduct — comparing courtroom gun cock to video click	Prosecutor’s sound comparison was a fair argument based on evidence (video played; defense had previously cocked gun)	Improper comment on fact not in evidence; needed expert to equate sounds	No reversible error — comment was within latitude to argue evidence and jury was told to decide what the sound was
Prosecutorial misconduct — appeals to "justice for Ann"	Brief references to justice were made during argument but the prosecutor also cautioned against sympathy and reviewed evidence	Such appeals improperly solicit jurors’ emotions and divert from weighing evidence	Statements were improper but harmless given brevity, mitigation, and strong evidence; no new trial warranted

State v. McCaslin, 291 Kan. 697 (2011) (standard for sufficiency review and deference to jury credibility determinations)
State v. Qualls, 297 Kan. 61 (2013) (premeditation defined as reflection/deliberation; circumstantial factors for inference)
State v. Daniels, 278 Kan. 53 (2004) (child endangerment proven when defendant’s conduct places child at substantial risk)
State v. Cummings, 297 Kan. 716 (2013) (child endangerment requires more than a faint or remote possibility of harm)
State v. Brown, 295 Kan. 181 (2012) (framework for evaluating prosecutorial misconduct and reversibility)
State v. Chanthaseng, 293 Kan. 140 (2012) (improper prosecutor statements that amount to scientific or expert conclusions not in evidence)
State v. Simmons, 292 Kan. 406 (2011) (prosecutor may not appeal to jurors’ sympathy or divert them from evidence)
State v. Brinklow, 288 Kan. 39 (2009) (prosecutor cannot ask jury to convict to give the victim justice)