State v. Brothers
| Decision Date | 13 October 1969 |
| Docket Number | No. 54338,No. 2,54338,2 |
| Citation | 445 S.W.2d 308 |
| Parties | STATE of Missouri, Respondent, v. Donald BROTHERS, Appellant |
| Court | Missouri Supreme Court |
John C. Danforth, Atty. Gen., Dale L. Rollings, Asst. Atty. Gen., Jefferson City, for respondent.
Jimmie B. Trammell, Dexter, for appellant.
STOCKARD, Commissioner.
Defendant was prosecuted under the Second Offender Act (§§ 556.280 and 556.290 RSMo 1959, V.A.M.S.) for striking and beating Officer Lonnie Mason, a policeman of Dexter, Missouri, in violation of § 557.215 RSMo Supp. 1967, V.A.M.S. The trial court, after conducting a hearing outside the presence of the jury, made the necessary findings to invoke the Second Offender Act, and after defendant had been found guilty of the charge by a jury, the court imposed a sentence of imprisonment for five years.
During the afternoon of June 28, 1968, defendant engaged in drinking whiskey, gin, and 'probably fifteen or more' beers. He became argumentative and used profane language in the Novella Cafe in Dexter, Missouri, which was also operated as a tavern. He was twice asked to leave by Paul Reed, the owner. Each time deendant did leave but he later returned. When again told to leave he became angry and threw a chair at Mr. Reed. Mrs. Reed attempted to call the police but defendant jerked the telephone out of her hand. Mr. Rred pushed him out of the door and he and Jim Farmer, one of the persons with whom he had been arguing in the tavern, 'started to fight;' they were 'struggling out in front or sparring, getting ready to fight.' Pursuant to a call from the police dispatcher, Police Officer Ralph Clark drove to the cafe. When he arrived he saw defendant and 'some fellow' standing a few feet from the door 'sparring,' but he saw 'no licks passed.' Officer Clark separated them and defendant walked 'a little piece down the street and leaned up against the building.' Mr. Reed then told Officer Clark that he 'wanted Don Brothers put under arrest,' and the officer 'got him and walked toward the car with him' and placed him under arrest. Officer Clark did not testify on what ground he placed defendant under arrest, and the record does not indicate that defendant ever asked or was at any time advised of the reason. When Officer Clark told defendant to get in the police car he 'backed off as if he wanted to spar,' but when the officer 'pulled (his) black-jack' defendant got in the car. the officer then started the police car and defendant jumped out and ran. Officer Clark followed him and said 'Brothers, get in the car, you're still under arrest.' Defendant then got in the car, Officer Clark called the dispatcher for help, and Police Officer Lonnie Mason soon arrived. Defendant was in the front seat of the car. Officer Mason got in the back seat, and with Officer Clark driving they started toward the jail. When the car stopped at a stop sign defendant again jumped out of the police car and got in another automobile with 'a bunch of boys.' Officer Mason followed that automobile with the siren and red lights turned on. Defendant told the driver 'he may as well stop,' that he would 'just go on to jail, that it was public drunk and disturbing the peace, and I'd just go on to jail.' Officer Mason then went to the automobile and 'partially pulled (defendant) out and he rolled out of the car and set down and wouldn't go.' The officer then placed a handcuff on his right wrist, but could not get a handcuff on his other wrist. Defendant got up and started 'striking' at the officer. The 'handcuffs was coming over like a chain.' Defendant hit Officer Mason with his fist on the shoulder, and 'kind of stove that shoulder up,' and also hit him on the nose and bloodied it. Officer Mason struck defendant with his night stick twice, and defendant grabbed the stick and said, 'I am going to beat your damn brains out,' but did not strike the officer with the stick. Officer Mason then took his pistol out of its holster, pointed it toward the ground and shot himself in the foot. Defendant ran to the bus station, and in the meantime Officer Clark had gone to the home of Chief of Police Howard Davis and returned with him. Chief Davis took defendant to jail, and after he was there, as defendant stated in his testimony, he 'was making considerable noise, rattling the bunks or something, and was tear gassed thereafter.'
Defendant contends on this appeal that the evidence did not...
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State v. Thomas
...v. Rodriguez, 484 S.W.2d 203, 206-207 (Mo.1972); State v. Bradley, 515 S.W.2d 826, 828-29 (Mo.App.1974); See also State v. Brothers, 445 S.W.2d 308, 310 n.1 (Mo.1969). Nor was it a defense that the law which defendant was arrested for violating was found to be unconstitutional. State v. Bri......
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State v. Nunes
...did not intend at first to arrest anyone, they were engaged in the performance of official duties at the time of the assault. State v. Brothers, 445 S.W.2d 308, 310(1, 2) If, as Nunes contends, he was not aware of their identity as officers when first Purdy and then the others intervened, t......
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State v. Smith, 30280
...appellant once appellant had struck the police officer. This court concedes that the authority relied upon by the state, State v. Brothers, 445 S.W.2d 308 (Mo.1969); State v. Rodriguez, 484 S.W.2d 203 (Mo.1972) and State v. Bradley, 515 S.W.2d 826 (Mo.App.1974), while still valid law in our......
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State v. Bradley, KCD
......Page 829. 557.215 RSMo 1969, V.A.M.S.) by asserting that only if the arrest could be justified was the officer in 'performance of his duties.' Such an attempted limitation of the statute has been disapproved in State v. Brothers, 445 S.W.2d 308 (Mo.1969) and State v. Rodriguez, 484 S.W.2d 203 (Mo.1972). Reviewing the instant facts aside from the 'warrant issue,' there is evidence which would support the officer's action. The officer had been directed to watch for the particular vehicle as 'ostensibly ......