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State v. Speed

Court of Appeals of Missouri, Western District, Fourth Division

June 26, 2018

STATE OF MISSOURI, Respondent,
v.
TYREAK ALEXANDER SPEED, Appellant.

          Appeal from the Circuit Court of Nodaway County, Missouri The Honorable Roger M. Prokes, Judge

          Before: Mark D. Pfeiffer, Chief Judge, and Karen King Mitchell and Anthony Rex Gabbert, Judges

          Mark D Pfeiffer, Chief Judge

         Mr. Tyreak Speed ("Speed") appeals from the judgment entered by the Circuit Court of Nodaway County, Missouri ("trial court"), following a jury trial in which he was found guilty of one count of the class C felony of rape in the second degree. The trial court sentenced Speed to three years' imprisonment. In Speed's sole point on appeal, he asserts that the trial court erred in admitting into evidence photographs showing marijuana and drug paraphernalia found in the house where the rape took place. We affirm.

         Facts and Procedural History[1]

         On March 14, 2015, B.D.[2] was a student at Northwest Missouri State University in Maryville, Missouri. She and some friends decided to attend a fraternity party that evening. For about an hour before going to the party, she drank alcohol with a friend in her dormitory room. At about 10:30 p.m., they left for the fraternity party. At the party, within an hour, she filled up her twenty-four-ounce water bottle once or twice with "jungle juice," a mixture of vodka and fruit juice. When she left the party to go back to her dormitory, she was "pretty drunk" and slurring her words. After about twenty minutes, she and some friends went back to the fraternity party and within two hours B.D. drank three or four more water bottles of "jungle juice."

         While at the fraternity party the second time, B.D. met Speed. They danced and kissed. Around 2:00 a.m., B.D.'s friends wanted to go back to their dormitory. Instead of going with her friends, B.D. went with Speed to a nearby house. She could not walk very well, was slurring her words, and "wasn't very coherent." Speed had to help B.D. walk to the house.

         When B.D. and Speed arrived at the house, they went into a room with people who were taking "dabs," concentrated doses of marijuana. When B.D. took a dab, she started coughing, and someone gave her water to drink. She had no memory of what happened immediately after she drank the water. The next thing she did remember was waking up in the bathroom, leaned over the sink, with Speed behind her and his penis inside her vagina. She had not told him that he could have sexual intercourse with her. She yelled at him to stop and tried to push him off, but was unsuccessful due, in part, to her continued intoxication. B.D. started to cry. Eventually, Speed stopped, unlocked the bathroom door, and walked B.D. back to her dormitory. Speed would later describe B.D. as "blacked out drunk" in a statement to law enforcement.

         When B.D. arrived at her dormitory around 3:30 a.m., she was crying hysterically. Her roommate took B.D. to the resident assistants, who called campus security, the housing hall director, and the campus sexual assault advocate. Law enforcement was contacted, and B.D. was taken to the hospital and underwent a sexual assault forensic examination ("SAFE").

         Maryville Department of Public Safety Detective Ryan Glidden, in the execution of a search warrant for the house where B.D. was raped, found marijuana and drug paraphernalia in multiple locations inside the house. Later on March 15, Speed returned to the house, and officers brought him to the police department where he was interviewed by Detective Glidden. Speed repeatedly denied having sexual intercourse with B.D. In Speed's written statement, he described that he and B.D. were "smoking blunts and smoking out of a bong. . . . [B.D.] barely could even walk because of the amount of alcohol she drank but she started to smoke." Detective Glidden also collected a buccal swab with a Q-tip from the inside of Speed's mouth as a sample to send to a DNA laboratory for analysis along with the SAFE kit.

         Maryville Department of Public Safety Officer John Vaught also assisted in the execution of the search warrant as the evidence officer. In the house where B.D. was raped, he found marijuana and drug paraphernalia in the house in multiple locations. He took photographs of his observations inside the house. Most of the photographs were of drugs or drug paraphernalia in multiple locations inside the house, with a few photographs of evidence of possible sexual activity, specifically of a used condom on the floor and an open condom package.

         The Maryville Department of Public Safety sent Speed's DNA sample and samples from the SAFE kit to a DNA diagnostic center for analysis. The partial DNA profile obtained from tests of B.D.'s vaginal swabs, rectal swabs, and underwear samples matched Speed's DNA profile or any of his paternally-related male relatives.

         Speed was charged by information with one count of rape in the first degree, § 566.030, [3]for having "sexual intercourse with another person who was incapacitated, incapable of consent, or lacked the capacity to consent due to her intoxication by inserting his penis into her vagina." In the alternative, the information charged Speed with one count of the class C felony of rape in the second degree, § 566.031, alleging that "on or about March 15, 2015, [Speed] had sexual intercourse with [B.D.] knowing that he did so without her consent."

         At trial, Speed testified on his own behalf and provided a different version of events from his initial statement to law enforcement denying that he had engaged in sexual intercourse with B.D. Instead, Speed testified that he had consensual sex with B.D. He denied raping her.

         The jury found Speed not guilty of first-degree rape and guilty of second-degree rape. Speed filed a motion for new trial, which the trial court overruled. The trial court sentenced Speed to ...


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