Court of Appeals of Missouri, Southern District, Second Division
FROM THE CIRCUIT COURT OF MCDONALD COUNTY Honorable Timothy
W. Perigo, Judge AFFIRMED
E. SCOTT, J.
("Defendant") killed her former lover
("Victim") and was convicted of first-degree murder
and armed criminal action. She complains that (1) the state
failed to show that she deliberated before the slaying, and
(2) the trial court erred in not granting a mistrial. We
affirm the convictions.
wife was fixing supper at home when Defendant walked in,
introduced herself, said she and Victim had "been having
an affair for over a year" and "I'm here to
tell you so that he can leave you, " called Victim's
wife "pathetic, " then spent the next month trying
to break up the marriage:
• Defendant repeatedly returned to Victim's home to
make trouble. Once the police had to be called to get her to
• Defendant stalked Victim's wife at her job, her
home, and on the streets. Victim's wife drove to the
sheriff's office on one occasion and Defendant followed
• Defendant offered Victim's adult son a financial
incentive to convince Victim to abandon the marriage. When
the son refused and told Defendant to leave them alone,
Defendant threatened to shoot Victim and herself.
• Defendant went to the son's house, argued with
Victim, and pulled a gun, which Victim took away from her.
• Defendant threatened to "destroy"
Victim's family by telling the whole town about the
affair, then went to the local newspaper and angrily demanded
that a story be written about Victim.
• While Victim's wife was at the courthouse seeking
an order of protection, Defendant approached and handed her a
purported "love contract" between Defendant and
• Defendant called Victim and threatened to shoot
herself because he would not leave his wife. Victim then
heard a gunshot, hung up, and called 911. Police found
Defendant at the cemetery, lying near grave plots owned by
Victim and his wife.
Victim sought to sever financial ties with Defendant,
then he, his wife, and his son all obtained ex parte
orders of protection against her. Later that day, Defendant
confronted Victim at his son's house and threatened to
shoot Victim and his son unless the orders of protection were
days before the hearing date on full orders of protection
against Defendant, she shot Victim in the chest at the front
door to his home. As he succumbed, Defendant fled to a
friend's house, ...