State v. Henderson, WD 70606.
| Citation | 311 S.W.3d 411 |
| Decision Date | 08 June 2010 |
| Docket Number | No. WD 70606.,WD 70606. |
| Parties | STATE of Missouri, Respondent, v. Shauntay L. HENDERSON, Appellant. |
| Court | Court of Appeal of Missouri (US) |
311 S.W.3d 411
STATE of Missouri, Respondent,
v.
Shauntay L. HENDERSON, Appellant.
No. WD 70606.
Missouri Court of Appeals, Western District.
June 8, 2010.
S. Kate Webber, Esq., Kansas City, MO, for appellant.
Shaun J. Mackelprang, Esq., and Jayne T. Woods, Esq., Jefferson City, MO, for respondent.
Before Division One: KAREN KING MITCHELL, P.J., LISA WHITE HARDWICK and CYNTHIA MARTIN, JJ.
LISA WHITE HARDWICK, Judge.
Shauntay Henderson was convicted of voluntary manslaughter and armed criminal action following a bench trial. On appeal, Henderson contends the circuit court erred in denying her motion for judgment of acquittal and in entering judgment on the convictions because the State failed to prove the absence of self-defense beyond a reasonable doubt. For reasons explained herein, we affirm the circuit court's judgment.
On September 2, 2006, DeAndre Parker parked a Ford F150 truck in front of the entrance to a gas station and convenience store in Kansas City. Parker went inside the store to purchase cigarettes while his passenger, Miea Bentley, remained outside in the truck. Another vehicle pulled into the gas station and parked by the gas pumps. The driver of that vehicle got out and went inside the store. As Parker came out of store and got into the truck, a woman, later identified as Shauntay Henderson, exited the backseat of the vehicle by the pumps and walked toward the entrance of the store. As Henderson passed in front of the truck, she pulled a gun from her waistline, fired five rounds at the truck, and fled the scene. Parker was struck by a bullet and died from his injuries.
Crime scene technicians recovered five shell casings from the scene and located bullet impacts to the truck on the driver's door, driver's rear quarter panel, driver's rear tire, and front passenger tire. A fifth bullet went through the driver's window, through Parker's arm, and into his chest. No firearms were recovered from the scene.
Bentley identified Henderson's photo in a police lineup, and Henderson was charged with second-degree murder, a violation of Section 565.021, and armed criminal action, a violation of Section 571.015.1
During a bench trial, the State presented testimony from Miea Bentley and crime scene investigators. The court admitted into evidence photographs and diagrams of the scene that depict the position of the truck in relation to the entrance of the convenience store and surrounding objects.
Henderson testified and admitted to firing at the truck but claimed to have acted in self-defense. She said she did not know Parker was at the gas station and first noticed him while walking into the store to get a drink. As she passed in front of the truck, Parker's facial expression changed, he put the truck into gear, and he drove toward her. Henderson jumped backwards and thought she was cornered between the outside wall of the store and an ice machine. When Parker steered the truck toward her and began to move forward a second time, Henderson believed Parker was either going to run over her or shoot her. She drew the gun and fired wildly at the truck as she ran around the truck and escaped.
Henderson testified she had known Parker for many years. In early 2003, Parker had punched her in the face during an altercation about a go-cart. Parker previously had been shot, and a rumor had circulated that she had been involved in that shooting. In December of 2003, Parker's brother had fired a shotgun at her when she approached the brother to dispel the rumor. In the spring or summer of 2004, Parker had nearly run over her with a car while she was walking through a parking lot. Henderson also testified Parker was known to carry a gun, but she did not see him with a gun at the time of the shooting at the gas station.
At the conclusion of the trial, the circuit court acquitted Henderson of second-degree murder and convicted her of the lesser-included offense of voluntary manslaughter, Section 565.023, and armed criminal...
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...the burden to prove beyond a reasonable doubt that the defendant did not act in self-defense. Id. at 210 (quoting State v. Henderson, 311 S.W.3d 411, 414 (Mo. App. W.D. 2010) ); see Section 563.031(5). We will only reverse a trial court's denial of a motion to acquit the defendant of a homi......
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...do not weigh the evidence or decide the credibility of witnesses, but defer to the trial court." Clark, 486 S.W.3d at 490 (quoting Henderson, 311 S.W.3d at 413); see Jones, 553 S.W.3d at 913 (citing State v. Letica, 356 S.W.3d 157, 167 (Mo. banc 2011)). "The trier of fact may believe all, s......
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