State v. Endsley
| Docket Number | SD37572 |
| Decision Date | 29 June 2023 |
| Parties | STATE OF MISSOURI, Respondent, v. STEVEN RAY ENDSLEY, Appellant. |
| Court | Missouri Court of Appeals |
APPEAL FROM THE CIRCUIT COURT OF LACLEDE COUNTY Honorable Kenneth M Hayden, Judge
Steven Ray Endsley ("Endsley") appeals the trial court's judgment convicting him of two counts of first-degree murder, two counts of armed criminal action, and one count of second-degree arson, following a bench trial.[1] Endsley raises three points on appeal. In point 1, Endsley argues the trial court abused its discretion in overruling his hearsay objection to an out-of-court statement made by Endsley's son, Matthew Endsley ("Matthew"), because the statement did not qualify as an excited utterance.[2] In points 2 and 3, Endsley argues there was insufficient evidence to support his convictions of murder in the first degree for the deaths of Teresa Jackson ("Jackson") and her daughter, Danielle Smith ("Smith") (collectively "Victims"). Finding no merit in Endsley's points, we affirm.
Facts and Procedural Background[3]
During the early morning hours of August 29, 2016, the remains of Victims were discovered in their burnt trailer home on Floyd's Road. Prior to the fire, Victims were stabbed multiple times.[4] The medical examiner determined both Victims died from stab wounds rather than from the fire.
Victims' trailer home was less than 40 feet from Endsley's trailer home at the end of Floyd's Road, a dead-end street.[5] Endsley and Victims had a history of conflict, beginning in November 2015.[6] On August 28, 2016, the day before Victims were murdered, the conflict between Endsley and Victims had escalated. That afternoon, Smith sent a text message to a friend describing the conflict between Endsley and Jackson saying Smith later sent another text stating Jackson was screaming out the door at Endsley. That same afternoon, Endsley told the trailer park manager that he would burn down Victims' trailer home, if he thought he could get away with it.
That evening, Jackson called Smith and told her to come home because Endsley was harassing her, shining a green laser light into her home, and screaming that his wife wants to "beat [her] fucking ass." Smith arrived home around 11:30 p.m. At about 11:35 p.m., Smith texted a friend "And she's making this neighbor situation worse by screaming out the door."
Soon after that, Smith began posting on Facebook requesting "major lawyer advice" to assist her with the "neighbor situation," which was escalating.
Smith then posted comments to Facebook describing the conflict with Endsley, mentioning "he threatens and everything else too." At 12:10 a.m., Endsley left a voicemail for Smith which said he was "glad [Smith was] recording everything." He didn't think the recordings would "get [her] anywhere now." and Smith should "just move." At 12:23 a.m., Endsley texted Smith, "No dikes or faggots." One minute later, Endsley texted "Move" and "Bipolar lesbos" to Smith. At 12:34 a.m., Smith posted to Facebook Two minutes later, Smith posted her last comment on Facebook, and then all messaging and posting activity stopped. Around that same time, Endsley's messages and voicemails to Smith also stopped.[7]
At 2:19 a.m., surveillance footage from local businesses showed Endsley's van and Smith's car leaving Floyd's Road together. Endsley's van returned around 3:30 a.m., but Smith's car never returned and was later discovered abandoned along a secluded road in a different county.
At about 4:30 a.m., Endsley called his sister to tell her that he was coming to visit her, even though she lived four hours away and he had not seen her in several years. Endsley left Floyd's Road again just before 5:00 a.m.
At approximately 5:00 a.m., Endsley's wife, Michelle, woke up the trailer park manager to tell her Victims' trailer was on fire. The trailer park manager saw the fire and told Michelle, Endsley was the only family member missing from the scene while the trailer was burning.[8] At 5:02 a.m., a 911 call was made to report the fire.
Within ten minutes of the 911 call, the fire department arrived. The intensity of the fire made it difficult to extinguish. The trailer park owner, Timothy Davis ("Davis"), arrived at the scene at approximately 5:30 a.m. Davis could see inside the trailer and saw "the top of somebody's head[,]" including the "skull with the hair burned up." Matthew left his trailer and stood about an arm's length away from Davis. With tears in his eyes, Matthew turned to his brother, Michael, who was also standing there, and said, Michael grabbed Matthew by the arm, and told him to "shut up and get in the truck[.]" Matthew started crying, and Michael then "pulled [Matthew] over and pushed him in the - into the truck and slammed the door and said, 'We're going to work.'"
Investigators determined the fire was intentionally set, and had been started from inside the trailer, close to the center of the house where Victims' bodies were located. Liquid pour patterns at the scene indicated two chemical accelerants were used to set the fire: gasoline and one other accelerant which was unidentifiable due to how long and hot the fire burned. Inside the trailer, detectives found remnants of two knives located "in a place that you wouldn't normally have knives[.]" The fire destroyed any trace evidence that might have been on the knives.
Meanwhile, Endsley traveled to his sister's house, and arrived around 10 a.m. Endsley had moonshine in the van and was drunk. After arriving at his sister's home, Endsley called Michelle using his brother-in-law's cell phone.
Detectives decided to contact Endsley at his sister's house. While en route to the house, detectives came up behind a Mustang owned by the Endsleys; Michelle was driving and Matthew was in the passenger seat. The two were on their way to meet Endsley with clothes for him.
Detectives arrived at Endsley's sister's residence and spoke with Endsley. Endsley told officers he knew they were there to discuss the trailer fire and that he had already contacted his attorney. Endsley told detectives he did not have a cell phone. Officers searched Endsley's van and found several mason jars of moonshine and several knives. Multiple knives were also recovered from Endsley's garage.
Endsley was arrested for Victims' murders. While in jail, Endsley made phone calls to Michelle, which were recorded. In one call, Endsley told Michelle he should have gotten more help for his head. Michelle agreed, saying "Something's not right." Endsley then said it was too bad he would not know his grandson. In another call, Endsley said if the police had taken Smith and Jackson to jail earlier, they would have gotten the hint to "stop fucking around."
Endsley was found guilty by the trial court of the charged offenses and was sentenced to life without parole for each count of first-degree murder, 20 years' imprisonment for each count of armed criminal action, and seven years' imprisonment for the arson charge, with each sentence to run consecutively to each other. Endsley appeals from that judgment in three points. For ease of analysis, we address Endsley's points out of order.
Endsley argues there was insufficient evidence to prove he committed the murders of Jackson (point 2) and Smith (point 3).[9] We disagree.
Our review of the sufficiency of the evidence is "limited to whether the State has introduced adequate evidence from which a reasonable finder of fact could have found each element of the crime beyond a reasonable doubt." State v. Lammers, 479 S.W.3d 624, 632 (Mo. banc 2016). "All evidence and inferences favorable to the State are accepted as true, and all evidence and inference[s] to the contrary are rejected." State v. Porter, 439 S.W.3d 208, 211 (Mo. banc 2014). "Evidence is sufficient to support a conviction when there is sufficient evidence from which a reasonable [fact-finder] might have found the defendant guilty beyond a reasonable doubt." State v. Shaw, 592 S.W.3d 354, 357 (Mo. banc 2019) (quoting State v. Clark, 490 S.W.3d 704, 707 (Mo. banc 2016)). We defer to the fact-finder's superior position to weigh and value the evidence, determine the witnesses' credibility and resolve any inconsistencies in their testimony. State v. Soliben, 621 S.W.3d 585, 590 (Mo. App. S.D. 2021).
Endsley argues the State failed to prove he committed the murders because there was only circumstantial evidence which established no more than a motive, an intent, and an opportunity to commit the crimes. This argument fails because: (1) the evidence, and the reasonable inferences therefrom, established more than just an intent and an opportunity to commit the crimes and (2) the State may satisfy its burden of proof by presenting circumstantial evidence connecting the defendant to each element of the crime.[10] State v. Mills, 623 S.W.3d 717, 724 (Mo. App. E.D. 2021).
Here the evidence was sufficient for a rational fact-finder to conclude, beyond a reasonable doubt, that Endsley committed the murders. Endsley and Victims had an extensive history of conflict. On the evening before and morning of the homicides, Smith texted...
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