Court of Appeals of Missouri, Eastern District, Third Division
from the Circuit Court of St. Louis County 14SL-CR08877-01
Honorable Kristine A. Kerr
M. GAERTNER, JR, PRESIDING JUCLGE
R. Graham (Defendant) appeals from a sentence and judgment of
conviction for) assault in the second degree and armed
criminal action. He argues on appeal that the trial court
I erred in excluding evidence in violation of the
rule of completeness. We affirm.
State charged Defendant as a prior and persistent offender
with one count of first-degree assault and one count of armed
criminal action stemming from an incident on October 14,
2014, when Defendant shot Leodis Tucker (Victim), inflicting
serious physical injury. The j following evidence was adduced
at the 2016 trial, viewed in the light most favorable to the
was formerly in a relationship with Andrea Evans (Evans) and
is the father of f her adult children, and Victim is
Evans' current boyfriend. Victim testified to the
following. State v. Twittv. 506 S.W.3d 345, 346 (Mo.
Banc 2017). Victim and Defendant knew each other, and while
they had not had specific problems in the past, Defendant did
not like Victim to come to the home Evans shares with her and
Defendant's daughter and grandchildren. Early in the
morning of October 14, 2014, Evans arrived at Victim's
house shortly after midnight, and Victim informed Evans her
adult son, Jared Graham (Graham), had been trying to reach
her by telephone. Evans called Graham and about fifteen
minutes later, Graham and Defendant arrived at Victim's
house in a pickup truck. Both men exited the vehicle, and
Graham and Evans began arguing in Victim's driveway.
Victim, who was standing on his porch, asked them to leave.
Defendant moved to the driver's seat of the truck and
backed the truck out of Victim's driveway, but he
remained parked in front of Victim's house. Graham
approached Defendant in the truck stating, "Dad, give me
that thing." Victim looked at Defendant and saw a flash
of gunfire coming from the driver's side of the truck,
and at the same time he felt a bullet strike his elbow.
Defendant sped away in the truck.
also testified that she witnessed Defendant shoot Victim
after stating, "I don't like that MF no way."
Immediately after Defendant shot Victim, Evans heard Graham
exclaim, "Daddy, why did you shoot?" and
"Daddy, why did you do that?" Similarly,
Victim's neighbor testified to the following. He
witnessed a truck pull into Victim's driveway, and a
younger man and an older man exited the truck. The older man
was carrying a gun in his hand. The older man reentered the
truck and moved it to the street, and then the neighbor heard
a gunshot come from the truck, after which the truck drove
State introduced a short excerpt of a February 27, 2016,
recorded conversation between Graham and Defendant while
Defendant was incarcerated and awaiting trial in the St.
Louis County jail, as follows.
Defendant: And your momma said 1 stood outside the truck and
fired the shot.
Graham: Man, I don't -
Defendant: I shot him from inside the truck.
response, Defendant introduced a different excerpt from the
same recording in which he stated, "we ain't shot
also sought to admit excerpts from a different conversation
recorded on December 3, 2015, also between Defendant and
Graham at the St. Louis County jail (the December 3rd
recording). The trial court excluded the December 3rd
recording as inadmissible hearsay. The trial court clarified
that under the rule of completeness, Defendant could
introduce mitigating portions of the same February 27th
conversation for the purpose of giving context, but he could
not introduce portions of different conversations because the
State's excerpt from a single recording did not
"open the door to every single jail phone call made by
your client." Defendant made an offer of proof for the
December 3rd recording, which included the statement: