Court of Appeals of Missouri, Eastern District, Second Division
from the Circuit Court of the City of St. Louis.
1422-CC00262. Honorable Rex M. Burlison.
Freter, St. Louis, MO, for appellant.
Koster, Dora A. Fichter, Jefferson City, MO, for respondent.
Gaertner Jr., J.
Kilcrease (Movant) appeals the judgment of the motion court
denying his motion to vacate, set aside, or correct the
judgment and sentence under Rule 24.035 (Rule 24.035 Motion)
after a partial evidentiary hearing. We affirm.
entered a blind plea of guilty to three counts of assault in
the first degree (Counts I-III), three counts of abuse of a
child (Counts IV-VI), and three counts of child endangerment
(Counts VII-IX), arising out of injuries that occurred to
minor child Z.B. between March 15, 2012 and June 6, 2012, The
factual basis underlying his pleas, as presented by the State
at Movant's plea hearing, was the following.
6, 2012, Z.B. was just under two years old. Z.B.'s mother
went to work and left Z.B. and Z.B.'s younger brother
home with Movant. Later that morning, Movant called
Z.B.'s mother and told her Z.B. had fallen off of the bed
and was not responding to him. Z.B.'s mother told Movant
to call 911.
hospital, Z.B.'s mother learned that Z.B. had multiple
healed rib fractures, which were approximately eight weeks
old. Z.B. also had a 1.1 centimeter laceration of the liver
with edema and slight swelling of each kidney and the adrenal
glands. Z.B. also had multiple small bowel intussusception.
Finally, Z.B. had injuries to her brain including edema in
the layer between her brain and her skull, left subdural
hematoma, and a midline shift of the brain approximately six
millimeters. Hospital personnel declared Z.B. in critical
condition, and the original prognosis was that she would not
likely survive due to the swelling of her brain.
police questioned Movant, he eventually told them that he had
lost his temper when Z.B. had a bathroom accident, and urine
leaked from her diaper onto Movant. He admitted punching Z.B.
in the gut and that he " slammed the child." He
also admitted that during other times when he was with her,
he had gotten upset and would pick her up and squeeze her
around her rib cage.
State charged Movant with three sets of charges for each of
three separate injuries to Z.B. Counts I, IV, and VII were
the charges of assault in the first degree, abuse of a child,
and child endangerment, respectively, all related to the rib
fractures Z.B. sustained. Counts II, V, and VII were the same
three charges relating to Movant punching Z.B. in the
abdomen. Finally, Counts III, VI, and IX related to the
slamming of Z.B. so that her head struck a wall or the floor,
resulting in her brain injuries.
time of Movant's plea, Z.B. was three years old, and she
was the same intellectually that she was at the time she went
to the hospital, approximately one year before. She had eye