Court of Appeals of Missouri, Western District, Second Division
from the Circuit Court of Worth County, Missouri The
Honorable W. Douglas Thomson, Judge.
Thomas N. Chapman, Presiding Judge, and Mark D. Pfeiffer and
Cynthia L. Martin, Judges.
D. Pfeiffer, Judge.
Roger Beck ("Beck") appeals from his judgment of
conviction and sentences, following a trial by jury, by the
Circuit Court of Worth County, Missouri ("trial
court"), for assault in the second degree of a special
victim and armed criminal action. In two points on appeal,
Beck argues (1) erroneous admission of evidence, and (2)
insufficiency of evidence to support the verdict. We affirm.
victim, Michael Kirkpatrick ("Kirkpatrick"), has
been diagnosed with an intellectual disability. On March 8,
2017, while at Beck's house, Beck beat Kirkpatrick on the
head and ribs with a baseball bat. Kirkpatrick suffered
injuries to his head and ribs as a result of the baseball bat
attack. Kirkpatrick ran away from Beck and made it to his
home where he passed out. When Kirkpatrick awoke, he called
emergency services for an ambulance.
Tim Davis of the Gentry County Sheriff's Department was
dispatched to the hospital where he eventually met with Beck
and, in conversation, Beck admitted that he hit Kirkpatrick
"solid" three times and further commented that
Kirkpatrick could "take a good hit."
Sheriff Davis interviewed Kirkpatrick and observed his
injuries. Based on this discussion, law enforcement later
obtained a search warrant for Beck's house to look for a
wooden baseball bat, which they found under the porch of the
was charged with second-degree assault of a special victim
and armed criminal action and the case was tried to a jury in
September 2017. Additional evidence adduced at trial will be
set forth as relevant to our analysis below.
jury found Beck guilty of second-degree assault of a special
victim and armed criminal action. § 565.052; §
571.015. Following the verdict, Beck filed a motion
for judgment of acquittal notwithstanding the verdict or for
new trial, which the trial court denied. The trial court then
sentenced Beck to five years' imprisonment and three
years' imprisonment on the convictions, respectively,
with the sentences to run concurrently. Beck now appeals.
was charged with assault in the second degree of a special
victim in violation of section 565.052. That statute
provides, in pertinent part:
1. A person commits the offense of assault in the second
degree if he or she: . . . .
(2) Attempts to cause or knowingly causes physical injury to
another person by means of a deadly weapon or ...