Court of Appeals of Missouri, Western District, Fourth Division
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
Pfeiffer, Chief Judge
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.
and Procedural History
March 14, 2015, B.D. 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."
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.
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
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
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.
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
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.
was charged by information with one count of rape in the
first degree, § 566.030, 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."
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.
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 ...