State v. Williams

• Decision Date: 22 April 1997
• Docket Number: No. WD,WD
• Citation: 945 S.W.2d 575
• Parties: STATE of Missouri, Respondent, v. Tony WILLIAMS, Appellant. 49977.
• Court: Missouri Court of Appeals

Page 575

945 S.W.2d 575

STATE of Missouri, Respondent, v. Tony WILLIAMS, Appellant.

No. WD 49977.

Missouri Court of Appeals,

Western District.

April 22, 1997.

Motion for Rehearing and/or Transfer to

Supreme Court Denied May 27, 1997.

Lew Kollias, Asst. Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Daryle A. Edwards, Assistant Attorney General, Jefferson City, for respondent.

Before BRECKENRIDGE, P.J., and LAURA DENVIR STITH and HOWARD, JJ.

BRECKENRIDGE, Presiding Judge.

Tony Williams appeals from his convictions for first degree murder and armed criminal action. Mr. Williams was sentenced to life imprisonment without the possibility of parole. On direct appeal, Mr. Williams claims that the evidence was insufficient to support his first degree murder conviction because he did not shoot the victim, or possess the required mental state. In addition, Mr. Williams claims that the trial court plainly erred by allowing the State to argue during closing argument that one of its witnesses had no mental problem because that assertion implied that the prosecutor had special knowledge of facts not known to the jury. Mr. Williams also appeals from the denial without an evidentiary hearing, of his Rule 29.15 motion in which he claimed ineffective assistance of counsel.

On April 6, 1992, the victim, Tyrone Johnson, was fatally shot while at his home in Kansas City, Missouri. The evidence suggested that a dispute existed between Mr. Johnson and his girlfriend's daughter, Sonya Tabron. Apparently, on the evening before, Mr. Johnson had informed Ms. Tabron's boyfriend that she was rather liberal in her sexual pursuits. Ms. Tabron noticed that her boyfriend was upset, but he would not tell her what was wrong. Although they had plans to acquire a car for Ms. Tabron on the 6th, when Ms. Tabron's boyfriend arose he left, ostensibly to go to the store, but he never returned. When Ms. Tabron learned of Mr. Johnson's comments to her boyfriend, she decided to have someone beat him up.

Later that day, Ms. Tabron got the opportunity to put her plan into action when her cousin brought Tony Williams, the defendant, and his brother, Randolph Williams, to her house. Ms. Tabron test drove the vehicle that Randolph was driving, and then Ms. Tabron, her cousin and a friend of her cousin got in the car with them. While they were driving around, Ms. Tabron discussed the problems she was having with Mr. Johnson and told them that she wanted to hire someone to "beat him up." Randolph responded, in hearing range of Mr. Williams, that he was willing to take on this enterprise for a fee. During a discussion on the matter, Ms. Tabron asked the men's names. They were reluctant to tell her, but finally Mr. Williams stated that his name was Lamont and Randolph said his name was Mc Shy D. Ms. Tabron indicated that she had $100 and she offered to pay them each $50 to handle the matter. The group then drove to a white house, where Randolph retrieved a shotgun. After getting the weapon, Ms. Tabron and Randolph argued back and forth whether Randolph was going to shoot Mr. Johnson or just beat him up. When the argument ended, Randolph was supposed to beat up Mr. Johnson.

Eventually, Ms. Tabron showed the defendant and his brother where Mr. Johnson lived. Then Randolph and Mr. Williams went back to the cousin's house where they ate dinner and listened to music. Once he finished eating, Mr. Williams told Ms. Tabron's cousin that he and Randolph were going to go and "take care of business" for Ms. Tabron. The brothers left the cousin's house and went to Mr. Johnson's home, where he was sitting at the dining room table with his mother. Mr. Williams knocked on the door and asked to speak to Mr. Johnson. When Mr. Johnson answered, Mr. Williams confirmed his identity and then held the screen door open while Randolph reached around and shot Mr. Johnson in the chest.

The brothers immediately went back to Ms. Tabron's house to collect their $100. When they arrived, Ms. Tabron, who had already heard about the shooting, told them that they were only supposed to beat up Mr. Johnson, not kill him. Randolph insisted on payment. Ms. Tabron told them to come back later for the money. She then went with her mother to the hospital where Mr. Johnson was taken. The brothers followed Ms. Tabron to the hospital, persisting in the request of the $100. While the brothers were inside the hospital, Mr. Williams had a shotgun concealed under his jacket.

Ms. Tabron and the brothers left the hospital together, and went to Ms. Tabron's cousin's house to tell her to keep quiet. On their way, they stopped at a different white house where Randolph took the shotgun from Mr. Williams and disposed of it. While Randolph was inside the house, Mr. Williams told Ms. Tabron the details of the shooting and that the shotgun in his possession was the one they used to shoot Mr. Johnson. At her cousin's house, Ms. Tabron and the brothers related the events of the evening and everyone agreed that "[d]on't nobody say nothing about what happened."

When Ms. Tabron returned to the hospital, she learned that Mr. Johnson had died because of the gunshot wound. She went home and put $100 in an envelope, which she left on her porch. She then called a phone number she had been given by Randolph and told a lady "that they had mail on her porch." She never did see the envelope again.

Subsequently, Ms. Tabron and the brothers were charged with first degree murder. Pursuant to a plea bargain, Ms. Tabron pled guilty to involuntary manslaughter for her role in initiating the events that led to the homicide. Randolph was convicted of first degree murder. At Mr. Williams' trial, he presented a defense of alibi. His cousin and sister testified that he was with them at the time of the murder. At the close of the evidence, the jury found Mr. Williams guilty of one count of first degree murder and one count of armed criminal action. The trial court sentenced Mr. Williams to life imprisonment without parole for the murder conviction and fifteen years for the armed criminal action conviction.

After his conviction, Mr. Williams filed a timely Rule 29.15 motion for post-conviction relief in which he claimed ineffective assistance of counsel. The motion court entered findings of fact and conclusions of law denying Mr. Williams' motion without an evidentiary hearing.

In his first point on direct appeal, Mr. Williams contends that there was insufficient evidence to support his conviction for first degree murder. Appellate review of a claim of insufficiency of the evidence in a criminal case is limited to a determination of whether there is "sufficient evidence from which a reasonable juror might have found the defendant guilty beyond a reasonable doubt." State v. Gordon, 915 S.W.2d 393, 396 (Mo.App.1996). Sufficient evidence is evidence "from which the trier of fact could reasonably find the issue in harmony with the verdict." Id. (quoting State v. Gomez, 863 S.W.2d 652, 655 (Mo.App.1993)). This court views the evidence, as well as its reasonable inferences, in a light most favorable to the verdict. State v. Stacy, 913 S.W.2d 384, 386 (Mo.App.1996).

Because Randolph was the individual who killed Mr. Johnson, Mr. Williams was charged with first degree murder based on his liability as an accomplice to the homicide. An individual may be convicted as an accomplice to first degree murder if the individual "aided in the crime with the purpose of promoting the commission of that crime." State v. Six, 805 S.W.2d 159, 164 (Mo. banc 1991). Viewed in a light most favorable to the State, there was evidence that Mr. Williams helped his brother obtain the shotgun that was used in the shooting. Mr. Williams summoned Mr. Johnson to the door, verified Mr. Johnson's identity, then held the door open while his brother shot Mr. Johnson. Finally, there was evidence that Mr. Williams went with his brother to request payment from Ms. Tabron and then aided in disposing of the shotgun. Therefore, there was sufficient evidence that Mr. Williams aided in the commission of the crime to charge him as an accomplice to the homicide.

However, first degree murder accomplice liability requires more than just affirmative acts in furtherance of the homicide. Due to the unique mental state required of first degree murder, the accomplice must also have deliberated prior to the homicide. State v. O'Brien, 857 S.W.2d 212, 218 (Mo. banc 1993). In other words, although the act of homicide may be imputed to an accomplice who aided in the commission of the crime, the required mental state may not be imputed. Id. Therefore, the question as to the sufficiency of the evidence in this case depends on whether there was sufficient evidence that Mr. Williams deliberated prior to Mr. Johnson's murder.

" 'Deliberation' means cool reflection for any length of time no matter how brief." Section 565.002(3), RSMo 1994. See also State v. Storey, 901 S.W.2d 886, 897 (Mo. banc 1995). To prove deliberation there must be some evidence that the defendant made a decision to kill the victim prior to the murder. State v. Gray, 887 S.W.2d 369, 376 (Mo. banc 1994). "Deliberation is normally proved by indirect evidence and inferences drawn from the circumstances surrounding the murder." Stacy, 913 S.W.2d at 386.

In cases of accessory liability for first degree murder, evidence of at least three circumstances appears to be highly relevant in determining if accomplice deliberation may be inferred. The first circumstance is where there is a statement or conduct by the defendant or a statement or conduct by a codefendant in the presence of defendant prior to the murder indicating a purpose to kill a human.

A second circumstance permitting an inference of accessory liability is evidence that the murder was committed by means of a deadly weapon and the accomplice was aware that the deadly weapon was to be used in the commission of the crime.

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