State v. Wooten, ED 106224

• Decision Date: 16 April 2019
• Docket Number: No. ED 106224,ED 106224
• Citation: 573 S.W.3d 146
• Parties: STATE of Missouri, Respondent, v. Dashaun WOOTEN, Appellant.
• Court: Missouri Court of Appeals

573 S.W.3d 146

STATE of Missouri, Respondent,
v.
Dashaun WOOTEN, Appellant.

No. ED 106224

Missouri Court of Appeals, Eastern District, DIVISION THREE.

Filed: April 16, 2019

FOR APPELLANT: Jessica Hathaway, 120 South Central Avenue, Suite 130, St. Louis, Missouri 63105.

FOR RESPONDENT: Eric Schmitt, Gregory L. Barnes, 221 West High Street, P.O. Box 899, Jefferson City, Missouri 65102.

OPINION

James M. Dowd, Judge

Dashaun M. Wooten appeals the judgment entered upon his convictions following a bench trial in the Circuit Court of St.

573 S.W.3d 148

Louis County of one count of first-degree assault causing serious physical injury, one count of armed criminal action, and one count of unlawful possession of a firearm. The court found Wooten guilty on all counts and sentenced him to three concurrent terms of ten years in prison. In his sole point on appeal, Wooten contends that the trial court erred when it admitted testimony of hearsay statements the victim had made because the State failed to lay a proper foundation for the admission of Victim’s prior inconsistent statements under § 491.074.¹

Finding no error, we affirm.

Factual and Procedural Background

On September 8, 2015, St. Louis County Police Officer M.W. was dispatched to a location in the municipality of Glasgow Village for a reported shooting. At the scene, the officer spoke with the Victim, who told her that Keland Baker’s cousin shot him.² With respect to the events leading up to the shooting, Victim told Officer M.W. the following: While he was at the Uptown Market, a small grocery store located near the scene of the shooting, Victim began arguing with Baker, who was with Wooten at the store. Victim left the store and began to walk away but Baker and Wooten gave chase. Victim attempted to escape by running to a friend’s house nearby where he was shot by Wooten twice in the right leg. Wooten fired five shots in all.

On September 10, 2015, while Victim was still hospitalized, he was interviewed separately by Detective T.E. and Detective J.A. Victim told Detective T.E. about his history of conflict with Baker and Wooten, and also described the shooting to the detective. Victim stated that two months before the shooting, he had argued with Baker and had a physical altercation with Wooten. Victim also told Detective T.E. that on the day of the shooting, he was at Uptown Market when Baker entered the store and they argued again. Victim stated that Wooten shot him and described Wooten as a black male, about six feet tall, with short dreadlocks.

Detective J.A. then interviewed Victim. He showed Victim two photograph lineups. From the first lineup, Victim identified Baker, and from the second lineup, Victim identified another individual unrelated to this case. Victim told Detective J.A. that while he recognized those two individuals, neither was involved in the shooting. Detective J.A. showed Victim a recent photograph of Wooten and, without hesitation according to Detective J.A., Victim identified Wooten as the shooter.

Several months later, just before the December 2015 preliminary hearing, Victim described the events that led up to the shooting to Assistant Prosecuting Attorney T.R. His description was consistent with his prior statements described above. At the preliminary hearing,...