Court of Appeals of Missouri, Eastern District, Second Division
Appeal from the Circuit Court of the City of St. Louis. Honorable Margaret M. Neill.
For Plaintiff/Respondent: Richard A. Starnes, Jefferson City, MO.
For Defendant/Appellant: Terence W. Niehoff, St. Louis, MO.
Sherri B Sullivan, P.J. Mary K. Hoff, J., and Philip M. Hess, J., concur.
Sherri B Sullivan, Judge.
John L. Dailey (Appellant) appeals from the trial court's judgment entered upon a jury verdict convicting him of first-degree murder, Section 565.020, first-degree assault, Section 565.050, and two counts of armed criminal action, Section 571.015. We affirm in part, and reverse and remand in part.
Factual and Procedural Background
The evidence adduced at trial, viewed in the light most favorable to the verdict, is as follows.
On September 21, 2011, at approximately 10:30 p.m., Ashley McLarty (McLarty) was driving south on North Broadway. Christopher Jones (Jones) was riding in the front passenger seat of McLarty's vehicle. At the intersection of North Broadway and Wall Street, Appellant, driving a pickup truck, pulled out from Wall Street, past the stop sign and part of the way into Broadway. McLarty swerved to avoid being struck, stopped, and then yelled, " Slow down." After driving away, McLarty noticed the pickup truck coming behind her as if it was going to ram the back of her car. While McLarty was stopped at a stop sign at the intersection of Hornsby and North Broadway, Appellant stopped next to her car and both parties rolled down their windows. Appellant said " wasn't nobody gonna hit your car[,]" to which McLarty responded " watch where the f__ you goin'." Appellant then pulled out a gun and said " shut up, bitch or I'll shoot you." McLarty drove off.
McLarty testified she did not hear any gun shots but that Jones said, " He shot me." McLarty pulled over to the side of the road and Appellant sped off past them. Jones opened the passenger side door, fell
out of the car and onto the ground. Jones died from a single gunshot wound to the chest from a .40 caliber handgun. It was later determined that the bullet went through the rear driver's side window of McLarty's vehicle and ...