Court of Appeals of Missouri, Western District, First Division
FROM THE CIRCUIT COURT OF CASS COUNTY The Honorable William
B. Collins, Judge
Before: Victor C. Howard, Presiding Judge, Lisa White
Hardwick and Gary D. Witt, Judges.
WHITE HARDWICK, JUDGE.
Kidd appeals from his conviction of first-degree domestic
assault, for which he was sentenced to eleven years in
prison. He contends the circuit court erred in failing to
intervene sua sponte when one of the State's
witnesses offered allegedly improper character and propensity
testimony. We affirm.
and Procedural History
2015, Kidd and the victim were dating. On the morning of July
21, 2015, they woke up on a flatbed trailer in the front yard
at the home of Kidd's brother, John. Kidd and the
victim had spent the night outside on the trailer because
John would not let them sleep inside the house. After they
woke up, Kidd wanted to have sexual intercourse with the
victim, but she refused. Kidd kept rubbing the victim's
hip, but she told him to stop. Kidd became angry and got off
of the trailer.
victim also got off of the trailer, folded her blanket, and
stacked her pillow and blanket on the edge of the trailer.
She put her purse on her shoulder and used her cell phone to
call her sister and ask her to come pick her up. Kidd tried
to grab the victim's cell phone, so she stuck it in the
pocket of her cargo shorts. The victim then took her suitcase
and started to walk away from Kidd.
victim took two or three steps before Kidd went after her and
started beating her. He knocked her to the ground, sat on top
of her waist, and repeatedly hit her with his fists in her
face, neck, and chest. She lost consciousness. As the victim
woke up, she remembered hearing John tell her to stay down
because she was hurt. He also told her that the police and an
ambulance were on their way.
to John, he had been awakened that morning by loud voices
arguing. He looked out of his bedroom window and saw Kidd and
the victim, so he went back to bed. Later, when he got up, he
went to the living room and heard someone crying outside.
John went outside and saw the victim. Her face was red and
swollen. It had not been like that when he had seen her the
night before. He did not see Kidd. John called the police.
the police arrived, they noticed that the victim's face
was red and swollen, and she was bleeding from her mouth. She
appeared dazed and confused. The police were not able to
victim was taken to the hospital in the ambulance. During the
ambulance ride, she was in and out of consciousness. The
emergency room doctor who treated the victim determined that
she had signs of a head injury with an altered level of
consciousness, signs of blunt force trauma to her head and
face, a depressed fracture of her left maxillary sinus
cavity, soft tissue swelling to the face, and a hematoma in
her sinus cavity. The injuries were all acute, which meant
that they were recent. The victim's injuries were serious
enough that the emergency room doctor activated the trauma
team and had a trauma surgeon evaluate her. As a result of
her injuries, the victim could eat only soft food for three
weeks after the incident because of the pain.
State charged Kidd, as a prior domestic violence offender,
with first-degree domestic assault. A jury trial was held.
The jury found Kidd guilty, and the court sentenced him to
eleven years in prison. Kidd appeals.
sole point on appeal, Kidd contends the circuit court erred
in failing to intervene sua sponte when John offered
improper character and propensity testimony. Specifically,
during direct examination, the State had just started ...