State v. Glenn, 51873

• Decision Date: 13 May 1968
• Docket Number: No. 51873,51873
• Parties: STATE of Missouri, Respondent, v. Eddie Steve GLENN, Appellant.
• Court: Missouri Supreme Court

Page 225

429 S.W.2d 225

STATE of Missouri, Respondent, v. Eddie Steve GLENN, Appellant.

No. 51873.

Supreme Court of Missouri, En Banc.

May 13, 1968.

Rehearing Denied June 10, 1968.

Norman H. Anderson, Atty. Gen., Jefferson City, F. Daley Abels, Special Asst. Atty. Gen., St. Louis, for respondent.

David M. Grant, Joseph S. McDuffie, St. Louis, for appellant.

HOLMAN, Chief Justice.

The indictment in this case charged defendant with murder in the first degree. It was alleged that he shot and killed Paul McCulloch, a St. Louis police officer, on July 2, 1964. A trial resulted in a verdict of guilty and the death penalty was assessed. See §§ 559.010 and 559.030 (all statutory references are to RSMo 1959, V.A.M.S.). Defendant has appealed.

The evidence on the part of the State will support the following statement of facts. Marilyn Morris was driving a Chevrolet automobile on July 2, and at about 6:20 p.m. on that day was double-parked in front of her father's store on North Leffingwell Street in St. Louis. Defendant opened the door and got in on the passenger side of the car and told her to drive on. He had an open knife in his hand. Defendant took four one-dollar bills and some change from her purse, stating that he needed $16 in order to get a shot of dope. Marilyn then gave him her ring. After they had driven for about an hour her car was stopped on 20th Street by Officer Robert Steele, driving a police cruiser, who had heard a radio description of the car. He approached the car on the driver's side and asked Marilyn her name. As she stated her name she got out of the car and ran from the scene. Steele then drew his Smith & Wesson .38-caliber revolver which was loaded with six shells and ordered defendant out of the car. After defendant got out he grabbed for the gun and Steele fired one shot although unable to aim. Defendant and Steele then engaged in a struggle for the revolver. Defendant obtained the weapon and then as Steele slipped and started to fall, defendant fired two shots at him. Defendant then ran across DeSoto Field towards the Pruitt-Igoe Development Project. Steele had considerable blood on his shirt and thought he had been shot although it later developed that he had not. He immediately radioed for help and within less than a minute Officers Atkins and Pott arrived. Officer Pott immediately started in pursuit of defendant, while Atkins took Officer Steele to the hospital. At the Project area Officer Pott saw defendant unsuccessfuly trying to enter a 1959 Buick. Defendant then shot at the officer and the officer returned the shot and, a short time later, fired at defendant again. At about that time a canine police car, driven by Officer McCulloch, arrived at the scene and McCulloch shouted to Officer Pott to take 'that areaway (east) and I'll take this areaway (west).' At that time Officer Pott saw no other policeman in the area. Officer Pott then heard a shot from the west areaway and then defendant came around the corner of the building four or five feet from where Officer Pott was standing and they each fired point-blank at the other. Officer Pott was shot in the left arm, the bullet also striking his badge either before or after entering his arm.

Officer Kirner went to the scene as the result of a radio call and saw defendant in the east areaway apparently shortly after he had shot Officer Pott. Kirner 'crouched' behind a trash container and fired six shots at the defendant. About that time he saw Project policeman Miller shoot at the defendant and then defendant fell when policeman Mueller fired at him with a riot gun. The shell of the riot gun was loaded with 25 metal balls each about one-quarter inch in diameter. Officer Mueller obtained the gun defendant had been carrying and noted that all six shells therein had been fired.

Officer McCulloch had been killed and was found lying in the west areaway. No one actually saw defendant point his gun at Officer McCulloch and shoot. However, Project Officer Mueller first saw defendant after Officer McCulloch was lying on the ground, at which time defendant was four feet from McCulloch 'acting like he was getting out of a scuffle with someone.' Also, Esaline King, who lived in the Project area, was standing near a building when defendant walked within three or four feet of her carrying his gun, and immediately thereafter, Officer McCulloch came from the west side of the building and said 'halt!' Mrs. King ran and about that time heard a shot. She then glanced back and saw Officer McCulloch fall.

Defendant was taken to the City Hospital. Michael Emery was one of the officers who took him to the hospital and remained with him until 11:30 p.m. At some time on that occasion he tried to talk with defendant who said he had been involved in some type of fight. Defendant was incoherent at the time. Defendant stated that his stomach was hurting and burning.

Dr. Cooper testified that he operated upon defendant on the night of July 2; that he had multiple gunshot wounds, the most serious of which was in his abdomen. During the operation he found that bullets had punctured defendant's colon in two places and also his bladder; that his condition was critical before the surgery, and serious for two days thereafter. Dr. Cooper stated that defendant also had a portion of a bullet in his left foot and two pellets in one of his fingers, but that he did not remove those for perhaps ten days after the first operation.

Dan Reardon, Circuit Attorney at that time, went to the City Hospital at 9 p.m. He testified that he talked with defendant while he was lying on a hospital cart outside the operating room; that at that time he told him that any statement he might give could be used against him in court; that he could have a lawyer if he wanted one and that defendant stated, 'I don't need one, I think I am going to die.' Outside the hearing of the jury Mr. Reardon testified to certain admissions that were made at that time but the State did not offer that evidence to the jury.

Lieutenant John Keady stated that he questioned defendant about 10 a.m. on the morning of July 3; that after asking him about six questions defendant's voice became very weak and he lapsed into incoherence so he stopped the questioning. The State did not offer before the jury the admissions made by the defendant at that time. Lieutenant Keady, in a hearing outside the presence of the jury, further testified that on July 5 he interviewed defendant. He stated he made no threats or promises but that he also did not warn defendant concerning his right to remain silent or to have counsel, or tell him that anything he said might be used against him. The court ruled that the statements made by the defendant at that time were admissible and could be heard by the jury, although the court made no specific finding as to the voluntary nature of the confession. In his testimony before the jury Lieutenant Keady related the following confession:

'I then asked him, 'Can you recall just what happened night before last in regard to Marilyn Morris and the shooting of police officers?' And he said 'I remember seeing the white girl parked in the car in the 800 block of North Leffingwell.' He said, 'I got in on the right side and showed her my knife and told her to drive on.' He continued, he said, 'I took four dollars from her purse, a dollar of which we bought gas with and I took--she gave me the ring from her finger.' I said, 'Eddie, do you remember shooting the police officers?'. And he said, 'Yes, I remember the first police officer that pulled the car over to the curb, * * * I remember shooting him.' I said, 'Well, you didn't shoot that police officer, you shot at him, * * * you didn't hit him; that was Robert Steele.' I said 'Do you remember the other two police officers?' He said, 'yes.' I said, 'Do you remember shooting them?' He said 'Yes. * * * I remember shooting the policeman who shot me in the side.' I said, 'That would be Ronald Pott. Do you remember shooting Paul McCulloch, the other police officer?' He said, 'I remember shooting a police officer and seeing him fall to the ground.' I said 'Who did you shoot first, the police officer who shot you, who would be Pott, or McCulloch?' He said, 'I don't remember because I had been drinking a lot of liquor and I had taken those two goofballs. '' Lieutenant Keady stated that at that time he knew defendant was on the critical list.

Defendant did not testify. The evidence he offered related to his 'plea of not guilty by reason of mental disease or defect excluding responsibility.' He offered the testimony of Dr. H. J. Erwin, a specialist in neurology and psychiatry, who examined defendant on May 31, 1965. Dr. Erwin obtained a history from defendant indicating that he began stealing in his early teens and was twice sent to the State Reformatory at Boonville, and later was sentenced to the penitentiary on at least three occasions. It would appear that defendant obtained most of his livelihood by larceny, operating as a pickpocket, and later robbery, and that much of his life from his early teens has been spent in prison. He was 38 years of age at the time of trial. He told Dr. Erwin that on the afternoon before he entered Marilyn's car he had consumed a large quantity of whiskey and had taken some narcotics and felt 'inebriated, intoxicated, and in a trance.' On the basis of the examination, history, and certain clinical tests administered to defendant this witness expressed the opinion that on July 2, 1964, defendant 'did not have possession of his mental faculties as laid down by the law.'

In rebuttal the State offered the testimony of Dr. Alan G. Johnson, a psychiatrist, who examined defendant while he was in Malcolm Bliss Hospital from January 22 to February 24, 1965. Dr. Johnson stated he felt that defendant had a personality disorder but expressed the opinion that he did not have any mental disease or defect which would have made him unable...