State v. Eggers

• Decision Date: 17 July 1984
• Docket Number: No. 46738,46738
• Citation: 675 S.W.2d 923
• Parties: STATE of Missouri, Plaintiff-Respondent, v. William Henry EGGERS, Defendant-Appellant.
• Court: Missouri Court of Appeals

Page 923

675 S.W.2d 923

STATE of Missouri, Plaintiff-Respondent, v. William Henry EGGERS, Defendant-Appellant.

No. 46738.

Missouri Court of Appeals,

Eastern District,

Division Four.

July 17, 1984.

Motion for Rehearing and/or Transfer to

Supreme Court Denied Aug. 28, 1984.

Application to Transfer Denied

Oct. 9, 1984.

Timothy M. Gardner, Clayton, for defendant-appellant.

John Ashcroft, Atty. Gen., John M. Morris, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

KELLY, Judge.

William Henry Eggers was convicted of capital murder, § 565.001, RSMo 1978, in the Circuit Court of St. Louis County, Missouri, and was sentenced to life imprisonment in the Missouri Department of Corrections, without probation or parole for fifty years. He appeals. We affirm.

Three Points of Error are raised by appellant. His first Point is that the trial court erred in denying his Motion for Judgment of Acquittal at the close of the state's evidence and at the close of all of the evidence, and in overruling his Motion for Judgment of Acquittal or in the Alternative for a New Trial because there was no substantial evidence that he willfully, knowingly, deliberately, and with premeditation killed or caused the killing of Richard Davis, in that the evidence and reasonable inferences therefrom support no finding that he, at any time prior to his firing the second shot from a .22 caliber rifle:

1) ever intended to take Richard Davis' life; or 2) ever knew that by firing that shot he was practically certain to cause Richard Davis' death; or

3) ever considered taking Richard Davis' life; or

4) ever reflected on taking Richard Davis' life cooly and fully.

In determining whether the evidence is sufficient to support a criminal conviction, we, as a reviewing court, must accept as true all evidence and inferences to be drawn therefrom tending to support the verdict and disregard all evidence to the contrary. It is not our function to substitute our judgment for that of the jury, but, rather, to determine whether the evidence, considered in the light most favorable to the state, is sufficient to support the verdict. State v. Strickland, 609 S.W.2d 392, 395 (Mo.1980).

Viewed in this light, the state's evidence was that on May 16, 1979, appellant was the attendant-in-charge and on duty at the Clark Service Station at 1620 Hanley Road, Richmond Heights, St. Louis, County, Missouri. Another attendant, Bruenger, was also on duty at the service station. Richard Davis, the victim, and four other black youths rode their bicycles into the service station, ostensibly to purchase sodas. The Clark station's four soda machines were aligned outside the service station's office, together with an ice machine and a pay telephone. Three of the four soda machines were coin-operated; the fourth was a large refrigerated glass case secured with a padlock. None of the youths purchased or consumed any soda.

At about 11:00 p.m. Robert Mason, a resident of the neighborhood, drove into the service station in his van. At this time the youths were bunched together just outside the office door of the service station with both of the service station attendants inside. A loud argument was in progress, the subject matter of which is not in evidence, other than that one of the black youths, Buie, demanded that Eggers change a dollar bill. Eggers finally made change for the dollar bill despite a policy of the service station against making change at that time of night.

The evidence also suggests that there was an argument going on between Bruenger and Davis, but what it was about is not in evidence.

At some point in time between the arrival of the black youths on the scene and Mr. Mason's appearance Eggers locked the glass soda case, went to his car and removed a rifle from the trunk of his car, brought it back to the service station, and laid it out on the counter "pointing down to it" so that all could see that he had it.

Shortly after Mr. Mason's arrival on the premises Mr. Eggers was "just kind of nervous, walking around * * * [saying] a whole lot of stuff like I'm tired of you, I'm sick of you and stuff like that * * *." The attendants were trying to get the youths to leave, saying they didn't want any trouble.

Appellant is a white man in his early fifties, small in stature, and had difficulty walking because both of his knees had been broken in an automobile accident some years prior to this occurrence. The victim was a 14 year old youth, six feet tall and weighed approximately 155 pounds. The other attendant, Bruenger, also a caucasian, was short and slightly built, and younger than appellant.

Some minutes after appellant got the rifle out of the trunk of the car and took it into the service station, he came out of the building with the rifle, ordered Bruenger to call the police and while wildly pointing the gun at the youths yelled something to the effect, "either get a soda or get the hell off the lot." The youths mounted their bikes to leave the premises by Hanley Road. Appellant stepped down off the concrete step of the service station office, fired one shot into the air and again yelled at the youths to get off the lot.

All of the youths except Davis were, by this time, either off the lot or in the process of departing therefrom. Davis, who had started to leave with the other four young men, lagged behind. According to Mason, after the first shot into the air, Davis was leaning on a car parked near the pumps alongside the route the other youths had used in leaving the premises, just standing there as if nothing was happening, on or nearly on his bike, and at a point "two long steps" opposite Bruenger, who was calling the police on a pay phone as he had been directed to do by appellant. Bruenger and Davis exchanged some words, when Bruenger suddenly dropped the telephone receiver, declared "You are not going nowhere," and bounded the two steps from the phone to Davis, pushing Davis off his bike and onto the trunk of the parked car. According to Mr. Mason, Davis was "getting up off" or "comin' up off" the trunk of the car when Bruenger yelled, "Shoot that nigger!" While Davis was leaning against the car, facing away from appellant, appellant shot Davis in the back from a distance of five or six feet.

After shooting Davis the appellant advanced upon him with his rifle levelled until Mason intervened, saying, "he is already shot ... don't shoot him again." The police arrived on the scene shortly thereafter and the appellant told one of the police officers that he had "shot a nigger." At the time he made this statement appellant was categorized as "calm" and "nonchalant." Davis was unarmed and had neither attacked nor threatened appellant.

Davis died from the wound he had received at appellant's hand at 2:45 a.m. the following morning.

The defense offered no evidence.

The jury found appellant guilty of capital murder. In the punishment hearing the state introduced evidence of appellant's prior convictions of rape, sodomy and exhibiting a deadly weapon. Appellant called his sister to testify as a witness in mitigation. The jury assessed appellant's punishment at life imprisonment without possibility of probation or parole for 50 years.

With respect to appellant's claim that there is insufficient evidence to support a finding that he intended to kill Davis, we hold that there was. It is universally held that everyone is presumed to intend the natural and probable consequences of his own intentional act. State v. Hammonds, 459 S.W.2d 365 (Mo.1970). Where one uses a deadly weapon likely to produce death in making an assault upon another, and death ensues, the one who used said deadly weapon is presumed to intend death will result. In State v. Strickland, id. l.c. 394, the court said, "A killing through the use of a deadly weapon on a vital part of the body of the victim is sufficient to permit a finding of intent to kill."

We believe that under the facts of the case the jury had before it sufficient evidence to support its verdict. Appellant shot Davis in the back with a .22 caliber rifle from a distance of five or six feet after his co-worker had pushed the youth off of his bicycle and shouted, "shoot that nigger." According to the testimony of a deputy medical examiner the bullet fired by the appellant into the body of the victim was a "hollow point" bullet designed to fragment when it struck an object. The bullet performed as designed; fragments from the bullet struck Davis in the heart, lung, pulmonary artery and pulmonary vein.

Appellant also contends there was insufficient evidence to support a finding of deliberation and premeditation.

"Deliberation" in a case of capital murder, means that the defendant considered the taking of another's life while in a cool and deliberate state of mind. It is not necessary, however, that the actor brood over his actions for an appreciable period of time. State v. Armbruster, 641 S.W.2d 763, 765 (Mo.1982).

"Premeditation" means thought of beforehand for any length of time, however short; this simply means that the accused thought about what he was about to do before he did it. State v. Lieberknecht, 608 S.W.2d 93, 99 (Mo.App.1980). It is not necessary for the state to produce direct evidence of an accused's premeditation and deliberation; the mental elements establishing murder may be proved by indirect evidence and inferences reasonably drawn from the circumstances surrounding the slaying. State v. Turner, 623 S.W.2d 4, 7 (Mo. banc 1981).

We hold that there was sufficient evidence to support the jury's finding of deliberation and premeditation. In addition to the facts set out hereinabove, Eggers went to his car and removed the loaded rifle therefrom. He brought it into the station and set it on the counter so that it could be seen by the youths through a window. He came out of the service station building wildly pointing the gun at the boys, fired one shot and ordered them off the lot. After ...