State v. McKinney
| Decision Date | 20 May 2008 |
| Docket Number | No. WD 67614.,WD 67614. |
| Citation | 253 S.W.3d 110 |
| Parties | STATE of Missouri, Respondent, v. Erma S. McKINNEY, Appellant. |
| Court | Missouri Court of Appeals |
Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, MO; Shaun Mackelprang and Daniel N. McPherson, Office of Atty. Gen., Jefferson City, MO, for respondent.
Erma S. McKinney ("McKinney") appeals her conviction after a non-jury trial for one count of the class A felony of assault in the first degree, under section 565.0501; the class B felony of abuse of a child, under section 568.060; and the class B and class C felonies of endangering the welfare of a child in the first degree, under section 568.045, RSMo Cum.Supp.2003. She argues, in her first point, that the evidence did not support a finding of guilt for the class B felony of endangering the welfare of a child because the State's evidence failed to prove that her actions against her child were part of a ritual or ceremony as required by the statute. In her second point, she attacks her conviction for first-degree assault contending that the evidence does not show that she knowingly caused serious physical injury to her son, as opposed to recklessly causing such injury. We find that her actions in repeatedly placing her son in a scalding hot shower as punishment for school misbehavior meets the definition of ritual or ceremony in section 568.060 and that the evidence does support a finding by the trier of fact that she knowingly caused serious injuries to her son.
The convictions are affirmed.
Viewed in the light most favorable to the verdict, the facts are as follows. McKinney lived with her son, E.C., the victim in this case, and the child's stepfather, Otis McKinney ("Stepfather"). While E.C. was in kindergarten, he had numerous emotional outbursts, became easily frustrated by his school work, and sometimes acted aggressively towards others. After discussions with school officials, McKinney and Stepfather worked out a system where the teacher would send a note home everyday about E.C.'s behavior. On a number of occasions when he came home with a bad note, McKinney and Stepfather took E.C. to the basement and placed him in a hot shower. Near the end of the school year, E.C.'s teacher noticed that he became nervous about going home and would often ask the teacher what was in the note and sometimes did not want to take the note home.
On May 19, 2005, E.C. appeared more upset than usual and started crying, wanting to know what his note said. He also told the teacher he did not want to get in a hot shower. She was unable to have him explain what he meant. That afternoon, after seeing the teacher's note, McKinney and Stepfather took E.C. to the basement and placed him in the shower. McKinney turned on the hot water. E.C. tried to get away from the water but Stepfather held the nozzle and sprayed hot water on him. E.C. yelled to get out of the shower but McKinney held the door shut.
E.C.'s back hurt that night. Both parents applied ointments to his back, but instead of helping, it increased his pain. E.C. never returned to school. McKinney told the school that he had chickenpox and the mumps. Stepfather worked at Rusk Rehabilitation Center and, in late May or early June 2005, asked how to treat the rash and itching that E.C. had. Despite offers to examine him, the parents did not take E.C. to Rusk until June 14, 2005. The examining doctor immediately determined that he needed to be sent to a hospital burn unit. A specialist found full-thickness burn injuries extending into the tissue under skin covering about 10% of E.C.'s body. Ultimately, E.C. underwent debridement surgery and skin grafts. The burns resulted in pigment changes on his back and arms.
McKinney told emergency room officials and police detectives that E.C. had had the chickenpox and the mumps and had been treated at a local clinic. After police contacted the clinic, she admitted that she had been lying. She eventually admitted to the hot shower as punishment incident on May 19, 2005. She also told the police that she had given two previous shower punishments that would last about thirty minutes.
A counselor who treated E.C. diagnosed him with post-traumatic stress disorder and testified that the shower incident caused E.C. serious and permanent emotional injury. Other evidence indicated the possibility of previous untreated burns either thermal or chemical.
After waiving trial by jury, McKinney was convicted on all counts and now appeals.
The standard of review in a court—tried case is the same as in a jury—tried case. State v. Todd, 183 S.W.3d 273, 276 (Mo.App. W.D.2005). In determining whether there is sufficient evidence to support the conviction, this court accepts as true all evidence tending to prove guilt together with all reasonable inferences that support the finding. Id. All contrary evidence and inferences are ignored. Id.
McKinney was charged with violation of section 568.045, RSMo Cum.Supp. 2003 which provides in relevant part:
1. A person commits the crime of endangering the welfare of a child in the first degree if:
(1) The person knowingly acts in a manner that creates a substantial risk to the life, body, or health of a child less than seventeen years old; . . .
. . . .
2. Endangering the welfare of a child in the first degree is a class C felony unless the offense is committed as part of a ritual or ceremony, or except on a second or subsequent offense, in which case the crime is a class B felony.
McKinney cites to a number of dictionary definitions of the terms "ritual or ceremony" and argues that the evidence is insufficient to show that her punishment showers were part of a ritual or ceremony. She contends that there must be evidence of participation in some religious or sectarian group "which have as part of their beliefs particular rituals or ceremonies." She, thus, argues that her conviction for the class B felony of child endangerment should be reversed and remanded for resentencing as a Class C felony.
We disagree and see no need to resort to dictionary definitions of these terms. Nor do we need to look at the decisions of other states which define these terms. Our legislature provided its own definition. That definition is binding. State v. Harris, 156 S.W.3d 817, 822 (Mo. App. W.D.2005). Section 556.061(26), RSMo Cum.Supp.2003 states:
"Ritual or ceremony" means an act or series of acts...
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