Sanders v. State
| Docket Number | WD 84478 |
| Decision Date | 14 June 2022 |
| Citation | 652 S.W.3d 258 |
| Parties | Christopher SANDERS, Appellant, v. STATE of Missouri, Respondent. |
| Court | Missouri Court of Appeals |
Damien de Loyola, Kansas City, MO, Counsel for Appellant.
Shaun Mackelprang, Jefferson City, MO, Counsel for Respondent.
Before Division Two: Karen King Mitchell, P.J., Edward R. Ardini, Jr. and Thomas N. Chapman, JJ.
Christopher Sanders ("Sanders") appeals a judgment of the Circuit Court of Jackson County, which denied his Rule 29.15 motion for postconviction relief after an evidentiary hearing. Sanders raises three points on appeal alleging that the motion court clearly erred in denying relief on three claims of ineffective assistance of trial counsel. Specifically, Sanders argues that he received ineffective assistance when his trial counsel (1) failed to request a "castle doctrine" instruction based on section 563.031.2(2);1 (2) failed to request a self-defense instruction that removed the duty to retreat based on section 563.031.3; and (3) failed to request a "correct" lesser-included offense instruction. The judgment is affirmed.
On December 7, 2011, a maintenance worker discovered the body of Sherilyn Hill ("Hill") under the stairwell of a motel in Kansas City, Missouri. A blood-tinged towel was wrapped around the lower part of Hill's face and tied in a knot at the back of Hill's head. A blood-tinged bed sheet was wrapped around Hill's neck and tied in a knot at the back of her neck. A medical examiner determined the cause of death to be blunt force trauma to the head
and strangulation. A ligature mark on Hill's neck was determined to be caused by strangulation with a sheet while Hill was alive. The strangulation caused a fracture of Hill's thyroid cartilage and a hemorrhage between her esophagus and trachea. Hill's blunt force trauma injuries included an abrasion on the left side of her forehead; an abrasion on the end of her nose; a contusion on her upper lip; an abrasion next to her left eyebrow; another abrasion and hematoma beside her left eye; a 3/4 inch laceration below her left eye; a contusion on her left cheek; an abrasion in front of her left ear; another abrasion on her left jawline; a 5/8 inch tear on her upper lip; tears in her upper and lower frenulum; a 1 1/2 inch laceration on her lower lip; a seven inch abrasion on her upper left thigh; an abrasion and contusion on top of her left foot; abrasions on the inside and outside of her right knee; an abrasion on the left side of her chest; and four abrasions on the left side of her abdomen. An internal examination revealed that Hill had multiple areas of hemorrhage on her scalp, and her scalp had torn away from her skull.
An investigation revealed that on November 22, 2011, Sanders rented a room at the motel and shared it with Hill and Zonia Brown ("Brown"). Brown told police that Sanders and Hill had been involved in a violent incident at the motel. Sanders was arrested and questioned. Sanders denied that any altercation had occurred. A search of Sanders's home revealed Hill's blood on his boots. Sanders was charged with murder in the second degree for knowingly causing Hill's death "by kicking her and strangulating her."
At trial, Brown testified that she was attempting to find work as a prostitute on November 22, 2011. Brown met Hill, Sanders, and a drug dealer named Monty2 in a parking lot where she was invited to go to a motel room with them. Sanders and Hill went into the lobby of the motel to get a room. Once inside the motel room, Monty sold crack cocaine to Sanders. Brown testified that she was in the room hoping to smoke crack cocaine, and that Sanders gave Brown a "hit" of crack cocaine. Brown testified that Sanders was smoking the majority of the crack cocaine and that he was using the pipe of Hill or Brown to do so. Brown testified that Hill became dissatisfied with how Sanders was "being stingy with the crack" and at some point Hill pulled a knife on Sanders. Brown testified that Hill stood a couple of feet away from Sanders as she held the knife and demanded that Sanders give Hill more crack cocaine. Brown testified that Hill did not come close to Sanders with the knife but stood and pointed it at him. Hill and Sanders argued with each other until Hill eventually put the knife back in her pocket when Sanders provided Hill and Brown a "little-bitty" piece of crack cocaine. Sanders again started smoking crack cocaine. Brown testified that Hill again requested more crack cocaine. When Sanders refused, Hill again pulled out a knife, pointed it at Sanders, and demanded more crack cocaine. Brown testified that Sanders refused her demand and told Hill to put the knife away, which Hill did. Hill then pulled her knife out a third time, and demanded that Sanders give her more crack cocaine. Eventually, Hill returned to an area of the room with a mirror, placed her knife on the sink and started attempting to hit her pipe again with her back facing the rest of the room. Sanders stood by the bed where Brown was sitting. Brown testified that Sanders then looked at Brown and said, "You ready?" Brown understood this to mean that Sanders was going to give Brown more crack cocaine. Instead, Brown testified that Sanders walked behind Hill and kicked Hill in the head. Hill fell against the wall, then tried to get up but was unable to do so, as Sanders kicked her again in the head and continued kicking her. Brown testified that Sanders Brown testified that she pleaded with Sanders not to kick Hill anymore, but Sanders told Brown: Brown testified that, as Sanders kicked Hill, Hill was "fighting for her life" and that Sanders continued to kick Hill every time Hill tried to get up from the floor. Brown testified that Hill eventually could no longer attempt to get up and laid on the floor after taking what seemed to Brown to be Hill's last breath. Brown testified that Sanders then made Brown get off of the bed, and that Sanders then appeared to begin to wrap Hill in a bed sheet. Brown then ran out of the room.
Sanders testified to a significantly different account of events. Sanders testified that he was riding the bus home from work when he got off near Independence Avenue to get a beer. He eventually entered a convenience store to get another beer when he met Hill, who was standing behind him in line. Hill commented that it looked like Sanders was "getting ready to have a good time." Eventually, the two decided to get a room to "go fool around." Sanders testified that he understood Hill to be a prostitute and that it was his intention to hire her as a prostitute that night. Sanders testified that he and Hill "went to go party." Eventually, Hill and Sanders encountered a man named Monty, whom Sanders understood to be Hill's "pimp" or "overseer." Sanders testified that Monty was going to "hang out" with Hill and Sanders for a while to "make sure everything was cool." Sanders, Monty, and Hill then encountered Brown. Sanders testified that Brown "pretty much invited herself to come along." The group eventually decided to get a room at a motel where Monty was staying. Sanders paid for the room. Then, Sanders, Hill, Brown, Monty, and another unidentified man went up to the room Sanders rented. Sanders testified that he purchased crack cocaine for Hill and Brown from Monty. After approximately 30 minutes, Monty and the other man left the room. Sanders testified that he gave the crack cocaine to Hill and Brown, but that Sanders also smoked some of the crack cocaine, borrowing a pipe from Hill or Brown to do so.
At some point, Hill and Brown told Sanders: "If you want to fool around, you're going to have to get us high." Sanders testified that he put the crack cocaine out on a table. He testified that there were beer and drinks everywhere in the room, and that he watched television. Sanders testified that several people started arriving at the room from elsewhere in the motel and that multiple people were coming and going from the room. At some point, Sanders purchased more crack cocaine from one of the people. Sanders testified that Hill informed him at some point that the crack cocaine was almost gone, and that Hill was waving a knife in his face. Sanders testified that Hill eventually put the knife away. Sanders testified that he was not worried about the incident and went back to watching television. About ten or fifteen minutes later, Hill again pulled a knife out and stuck it in Sanders's face, demanding that Sanders buy more crack. Sanders testified he became apprehensive. He testified:
And I pretty much said, You know, I felt like I was getting hustled. I started, okay, you're getting hustled, bro. Yeah. Later, later, later. There's no later ever coming. We're not going to have sex, so I'm getting buffaloed here and I'm getting my pockets dug into for nothing. So it's like, You all can just go, man. This is – no, this is no.
Sanders testified that Hill responded, "No, no baby, it's cool, it's cool, we just – you know, it's cool." Sanders testified that he stayed in the room because he was still hopeful of having sex.
Sanders testified that Hill later pulled a knife out, approached Sanders from behind and stuck the knife against his throat, slicing him. Hill then told Sanders that she would "just take" his belongings. Sanders testified that Hill then grabbed his wallet from his pocket, threw it to Brown, and told Brown to take the money from the wallet. At some point, Hill turned her head, and Sanders grabbed her wrist to move it away from his throat and elbowed Hill on the side of her head. Sanders...
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