Court of Appeals of Missouri, Western District, Fourth Division
Appeal from the Circuit Court of Livingston County, Missouri. The Honorable Thomas N. Chapman, Judge.
Adam S. Rowley, Jefferson City, MO, for respondent.
Samuel E. Buffaloe, Columbia, MO, for appellant.
Before Division Four: Alok Ahuja, Chief Judge, Presiding, Cynthia L. Martin, Judge and Anthony Rex Gabbert, Judge. All concur.
Cynthia L. Martin, Judge
Delmario Reese (" Reese" ) appeals his conviction of second-degree assault on a corrections officer. Reese argues that the trial court erred in denying his motion for judgment of acquittal because the State presented insufficient evidence to prove that: (1) he attempted to assault a corrections officer; and (2) he did so using a dangerous instrument. We affirm.
Factual and Procedural Background
While incarcerated at the Daviess-Dekalb Regional Jail, Reese became disruptive during a presentation about the jail's new kiosks. Corrections Officer Toni Poage (" Officer Poage" ) told him to calm down. That only agitated Reese further. Officer Poage eventually decided that Reese's behavior warranted placement in Administrative Segregation, a separate housing unit for non-compliant inmates.
Officer Poage asked Officer Jason Keough (" Officer Keough" ) and Officer Donnie Fountain (" Officer Fountain" ) to escort Reese. As Officer Keough and Officer Fountain approached Reese, they asked him to put his hands behind his back in order to be handcuffed. He refused. They also asked him to drop the pencil he was holding. He refused. Reese was asked several more times to comply with their directives. Each time he refused.
Reese then began making stabbing motions with the pencil toward Officer Fountain and said, " You all don't want none of this." Officer Fountain sprayed Reese in the face with mace. As Reese continued to move toward Officer Fountain, Officer Keough grabbed Reese. A struggled ensued. Both officers tried to restrain Reese, but he resisted. During the fight, Reese bit Officer Keough's hand hard enough to break the skin. Eventually, other officers arrived and Reese was handcuffed. In the end, it took five officers to subdue him. Besides Officer Keough, no one else was injured
Reese was charged with three counts of second-degree assault on a corrections officer. Count I charged Reese with violating Section 565.082.1(2) by biting Officer Keough. Count II charged Reese with violating Section 565.082.1(1) by attempting to stab Officer Fountain with the pencil. Count III charged Reese with violating Section 565.082.1(2) by attempting to bite another officer's leg. After a jury trial, Reese was convicted on ...