State v. Crisp, 12080
| Decision Date | 30 October 1981 |
| Docket Number | No. 12080,12080 |
| Citation | 629 S.W.2d 475 |
| Parties | STATE of Missouri, Plaintiff-Respondent, v. Earl CRISP, Defendant-Appellant. |
| Court | Missouri Court of Appeals |
John D. Ashcroft, Atty. Gen., Steven H. Akre, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.
John E. Price, Woolsey, Fisher, Whiteaker, McDonald & Ansley, Springfield, for defendant-appellant.
Defendant, Earl Crisp, was charged by information with kidnapping for the purpose of committing forcible rape (Count I) in violation of § 565.110, 1 and with the crime of forcible rape, in the course of which defendant displayed a deadly weapon in a threatening manner (Count II) in violation of § 566.030. Defendant waived jury, after which he was court-tried, convicted and sentenced by the trial court to 15 years' imprisonment on each count, with the sentences to run concurrently. This appeal followed.
Defendant's first two points are that the trial court erred in denying his motion for judgment of acquittal on both counts filed at the close of all of the evidence. As to the kidnapping charge, he claims that the evidence was insufficient to prove defendant removed Gina Shea from her home a) without her consent, or b) for the purpose of facilitating the crime of rape. As to the rape charge, he claims that the evidence was insufficient to prove that defendant had sexual intercourse with Ms. Shea without her consent by the use of forcible compulsion. Since these two points are bottomed on claims of insufficient evidence, we review the evidence in the light most favorable to the state, accept all substantial evidence and all legitimate inferences fairly drawn therefrom that tend to support the verdict, and reject all contrary or contradictory evidence. State v. Petrechko, 486 S.W.2d 217, 218 (Mo.1972).
On October 5, 1979, Gina Shea was residing in an apartment in Mountain Grove, Missouri. Other members of the household were James Shannon (her live-in boyfriend) and their three-year-old daughter. James and Gina had lived together about four years, with part of that time being spent in Liberal, Kansas, before they moved to Mountain Grove. Crisp is an uncle of Shannon's by marriage. Randy Reed is an acquaintance of Crisp, Shannon and Gina. They had known one another since high school days.
In 1976, Gina, Shannon, Reed and defendant were living in the same house in Liberal, Kansas. While living there, Gina had sexual intercourse with Crisp and Reed, as well as with Shannon. Gina stayed in Liberal for a month or more, and then returned to Missouri. The three men eventually followed, and Shannon sat up housekeeping with Gina.
On the day in question, defendant's wife had left him, he was upset, and defendant and Reed started drinking. They drank throughout the afternoon and evening and, in the words of both, were drunk. At about 11 p. m., they decided to go to the apartment of Gina and Shannon. On their way to the apartment, Crisp told Reed that he was "going to get him some." When they arrived, Shannon, Gina and the little girl were in bed. Reed or Crisp knocked on the door and Shannon got up, went to the door and let them in. Crisp and Reed asked Shannon to go with them and drink some beer. Shannon refused and returned to the bedroom he shared with Gina. Gina was still in bed, clad in a tee shirt, bra and underwear. Crisp and Reed kept asking Shannon to go with them to drink some beer. Shannon still refused as he had to work the next day.
An argument ensued, with Shannon being accused of sending Crisp to the penitentiary at an earlier date. Reed then hit Shannon in the jaw. Gina was still in bed and told Crisp and Reed to get out. Shannon went into the other bedroom and closed the door. Gina wrapped a blanket around herself and went into the living room. Crisp and Reed came into the living room and told Gina that she was going with them to which Gina replied, "No." Crisp told her to get dressed. Gina went to the bedroom, put on a pair of blue jeans and returned to the living room. Gina was crying. Crisp had a pocket knife which he kept sticking in the bedroom door. Gina was screaming and crying. Crisp approached her with the knife and told her to quit screaming. Crisp and Reed then went back to the bedroom door, battered it open and told Shannon to come out, which he did.
Crisp told Shannon they were taking Gina with them and that Shannon had better not call the cops, and if he did, they would kill him. Crisp made Gina go with him and Reed. Crisp kept the knife at Gina's back as they went out the front door. Crisp then handed the knife to Reed and told him to use it on Shannon if he came out. After the three left, Shannon called the police.
The three people got in Crisp's pickup truck. Crisp was driving. Reed then drove to a country road near Mountain Grove and stopped. During the trip, Crisp said to Gina "that they needed some pussy." Gina told him she did not want to do it and wanted to go home. Crisp told her she was going to and asked her if he was going to have to use the knife. Crisp told Reed to get out of the truck and he did so. Gina was crying again at this time.
Crisp removed Gina's clothes, made her lie down in the seat of the truck and had sexual intercourse with her against her will. She kept telling him to stop, but he would not. Crisp was unable to achieve an orgasm. Crisp then took Gina out of the truck and made her lie down on her stomach. Reed got back into the truck, as he was cold. Crisp then proceeded to have anal intercourse with Gina against her will. She submitted to the sexual acts because she was afraid that if she did not Crisp would stab her with the knife.
They got back into the truck and Crisp drove back to Gina's place and let her out. Crisp then told her to meet him at the "Town and Country" the next day at 4:30 and, if she did not, that Crisp and "some other guys would hold Shannon down and make him watch" what Crisp did to Gina. When Gina came back in the house, she was very upset. Shannon asked her what happened and she said Crisp had raped her and she started crying. Defendant was thereafter charged with kidnapping and rape.
A person commits the crime of kidnapping if he unlawfully removes another person from the place where he is found for the purpose of facilitating the commission of any felony. § 565.110.1(4). A person commits rape if he had sexual intercourse with another person to whom he is not married, without that person's consent, by use of forcible compulsion. § 566.030.1(1). A person acts purposely, or with purpose, with respect to his conduct or to a result thereof when it is his conscious object to engage in that conduct or to cause that result. § 562.016.2. A person who is intoxicated is criminally responsible for his conduct unless such condition negatives the existence of the mental state of purpose or knowledge when such mental states are elements of the offense charged. § 562.076.1(1) We hold that the evidence outlined above was sufficient to prove all of the elements required in the crimes of kidnapping and rape, and was sufficient to sustain both convictions. It is apparent that the evidence sufficiently establishes the defendant removed Ms. Shea from her apartment without her consent and her lack of consent resulted from forcible compulsion applied by defendant, and her removal was for the purpose of facilitating the rape of Ms. Shea. It is equally apparent that the evidence is sufficient to establish the crime of rape. It was undisputed that defendant had sexual intercourse with Ms. Shea on the night in question. His defense to the rape charge was consent. There was sufficient evidence to rebut such claim.
His defenses to the kidnapping charge were consent and that his intoxication was to such a degree that it negated the mental state of "purpose" required as an element of the crime of kidnapping. Here again, there was sufficient evidence to rebut such claims. The evidence indicates that defendant may have been drunk at the time of the occurrence, but not to the point that he did not know what he was doing. This being so, he should not be allowed...
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