State v. Harrison, 26980.

• Decision Date: 16 October 2006
• Docket Number: No. 26980.,26980.
• Citation: 213 S.W.3d 58
• Parties: STATE of Missouri, Plaintiff-Respondent, v. Ronald Lee HARRISON, Defendant-Appellant.
• Court: Missouri Court of Appeals

213 S.W.3d 58

STATE of Missouri, Plaintiff-Respondent, v. Ronald Lee HARRISON, Defendant-Appellant.

No. 26980.

Missouri Court of Appeals, Southern District, Division Two.

October 16, 2006.

Motion for Rehearing or Transfer Denied November 6, 2006.

Application for Transfer Denied February 27, 2007.

Amy M. Bartholow, Columbia, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Lisa M. Kennedy, Assistant Attorney General, Jefferson City, for Respondent.

PHILLIP R. GARRISON, Judge.

Following a jury trial, Ronald Lee Harrison ("Defendant") was convicted of the class A felony of second degree murder, a violation of 565.021,¹ the class A felony of first degree robbery, a violation of 569.020, and armed criminal action, a violation of 571.015. He was sentenced to life imprisonment, a concurrent term of thirty years imprisonment, and a consecutive term of twenty years imprisonment, respectively. Defendant now appeals, alleging seven instances of trial court error. We affirm.

FACTS

This case stems from the murder and robbery of Defendant's grandmother, Reba Magouirk ("Victim"). Viewed in the light most favorable to the verdict, the evidence reveals the following.

On January 1, 2003, Defendant, who owed a drug debt to Keithy Frederick ("Frederick"), was at his sister Evelyn Blagg's ("Evelyn")² house. He was expecting Frederick to stop by and he told his sister, Donna Tackett ("Donna"), and her husband, Frankie Tackett ("Frankie"), to tell Frederick he was going for a walk. Frederick stopped by and requested that Donna and Frankie tell Defendant that he "wasn't one to be messed with." Frankie did not believe that Frederick was threatening Defendant but believed he just wanted his money. Defendant did not seem worried when he received the message.

On the morning of January 3, 2003, Defendant, who was driving a black Cadillac, went to work to pick up his paycheck in the amount of $255.81. Defendant then went to a grocery store in Campbell, where he cashed his check and purchased a half pint of Jim Beam whiskey. Around 10:30 a.m. Defendant stopped at his cousin's house where he borrowed a t-shirt, drank whiskey, and visited for about forty-five minutes.

Defendant went to Victim's house around 11:30 a.m. Victim lived with her son, Jerry Magouirk ("Jerry"), and another son, Rick Magouirk ("Rick"), would also stay with her on occasion. Victim and Jerry were at the duplex when Defendant arrived. Karen Stevens ("Stevens"), Victim's home health care worker, arrived around 1:10 p.m. Both Stevens and Jerry noticed that Defendant had been drinking. Jerry left around 1:30 p.m., but Defendant stayed and went to sleep on Victim's couch.

Stevens left to run errands, but she later returned to bring Victim some food. Around 2:30 p.m., Stevens left to care for a man who lived across the street. As she was leaving, the mail carrier delivered Victim's $400 social security check.

Around 5:30 p.m., Victim's grandson, Joshua McMillen ("Joshua"), drove by Victim's house with his fiancée and saw Defendant standing in the front door wearing a dark shirt with a white shirt underneath. Joshua drove around the block and saw Defendant standing in the same position as he was driving by a second time.

Around 6:30 p.m., Heather Lyons, who lived in the other half of the duplex where Victim lived, heard three loud "bangs" coming from next-door. Also around that time, Rick was at Carolyn Mason's ("Mason") trailer when he saw Defendant drive by. Mason's trailer was catty-corner to the back of Victim's duplex. Defendant turned around and spoke with Rick outside the trailer for a couple of minutes, during which Rick thought Defendant seemed "awful nervous."

Later, around 7:00 to 7:30 p.m., Defendant arrived at David Moore's ("Moore") house with a half pint of whiskey. Defendant told Moore that he knew Moore suspected that he had been involved in stealing $300, but he pulled out some folded cash, and told Moore that he did not have to steal money, because he worked on a riverboat, and had $1,000 at the moment. Defendant left Moore's house around 8:00 p.m.

Rick left Mason's trailer shortly after 8:00 p.m. and returned to Victim's house. When Rick walked into the duplex, he saw Victim sitting in her chair. Rick thought Victim was sleeping, but she did not respond when he tried to wake her. He then noticed that there was blood on her forehead and her left hand was jerking, so he called the police. Rick noticed that Victim's purse was missing.

Officer Justin Hankins ("Officer Hankins") and Officer Marvin Riley ("Officer Riley"), with the Campbell Police Department ("Police Department"), received a dispatch around 8:45 p.m., and arrived at Victim's duplex a few minutes later. Victim was unconscious, but breathing when the officers arrived. The officers saw that Victim had wounds to her head, and noticed blood in front of her, behind her, and on the chair she was sitting in.

Evelyn and Amanda Nelson ("Amanda"), Victim's granddaughters and Defendant's sisters, arrived at the duplex after hearing that Victim was hurt. They were accompanied by Ronnie Nelson ("Ronnie") and Barry Blankenship ("Barry"). Amanda held a towel to Victim's head and tried to wake her. Shortly thereafter, an ambulance arrived, and Victim was taken to Kennett hospital to receive treatment for her injuries.

Victim was pronounced dead at 10:05 p.m. that night. An examination revealed that she had been struck over the head a minimum of seven to eight times with a long, narrow, blunt instrument. The trauma to Victim's head caused multiple skull fractures and brain injury. The forensic examiner estimated that Victim's head injuries were received anywhere between 5:00 and 7:00 p.m.

While at the hospital, Amanda, noticing that she had Victim's blood on her hair, hands and clothes, went into the bathroom to clean up. The evidence was that Amanda hugged several relatives both before and after she cleaned up in the bathroom. While outside, Amanda saw Defendant arrive wearing stained jeans and a dark buttoned up shirt over a white t-shirt. She told Defendant that Victim had died, and Defendant embraced her in a bear hug. Both Amanda and Defendant were crying.

Members of the family were asked to meet with officers at the Police Department that night. Officers wanted to talk to anyone who had seen or talked to Victim that day. Deputy Terry Key ("Deputy Key") interviewed Defendant, but did not consider him a suspect at that time. Defendant told Deputy Key that he had taken a nap at Victim's house from 11:30 a.m. to 3:00 p.m. that day. After he woke up, Defendant said that he watched television with Victim until about 6:30 p.m. when he got Victim's mail and put it on the coffee table before leaving for Moore's house. Defendant said he was at Moore's house from 7:00 to 8:00 p.m Around 1:50 a.m. on January 4, 2003, Defendant was interviewed by Sergeant William Cooper ("Sergeant Cooper") and Sergeant Jeffrey Heath ("Sergeant Heath"). In addition to repeating what he had told Deputy Key, Defendant added that he left Victim's house around 4:30 p.m. that day to get gas and cigarettes, but returned sometime thereafter. He also stated that before he left he brought in Victim's mail and then got her a plastic cup filled with water and sat it on the TV tray next to her. Defendant said he was at Jerry Blagg's house when he learned that Victim had been assaulted.

During a break in the interview, Sergeants Heath and Cooper were told that someone had seen blood on Defendant's shoes. When the interview resumed, Sergeant Heath asked Defendant if he could see his shoes. Defendant obliged, and both officers saw what they believed to be blood droplets. Sergeants Heath and Cooper stopped the interview at that point and advised Defendant of his Miranda³ rights. Defendant said that he understood his rights, and signed a written waiver at 2:57 a.m. Defendant stated that he did not have any idea where the blood had come from, and that Victim was alive when he last saw her. Defendant gave officers his consent to search his car and his clothes, which he said were in a bag at Jerry Blagg's house. When Defendant was told that he was not free to go, he asked for an attorney. At that point, Sergeant Heath terminated the interview and informed Deputy Walter Dearing ("Deputy Dearing"), Commander of the Dunklin County Major Case Squad, that Defendant had asked for an attorney. Deputy Dearing then entered the interrogation room where Defendant was sitting and told another officer that Defendant would be held in custody because his family members were making death threats towards him. Defendant responded, "I don't blame them."

Defendant returned to the Police Department on January 9, 2003, after agreeing to speak with Deputy Dearing, and signed a written waiver of his Miranda rights. Deputy Dearing began to interview Defendant and he again talked about his whereabouts on January 3, 2003, and said it was not possible that the blood on his shoes was Victim's blood. During the interview, the police received the preliminary results indicating that the blood splatter on Defendant's shoes was Victim's blood. Defendant said, "I couldn't do that," and again asserted his right to counsel. The interview ended, and Defendant asked Deputy Dearing if he was going to be arrested. Deputy Dearing told him yes, and Defendant then asked if he could have a cigarette and a cup of coffee. While Defendant was drinking the coffee he began to cry, and said, "I don't remember. I don't remember. . . . I been [sic] doing — drinking alcohol and doing marijuana and meth up until three days ago." Defendant then said, "I want the death penalty, I demand the death penalty."

Defendant's clothes and shoes were sent to the Missouri State Highway Patrol Crime Laboratory. The DNA on Defendant's t-shirt and shoe matched Victim's DNA. Defendant was charged with first degree murder, armed criminal action and first degree robbery. A jury trial was held...