State of Missouri v. Carlton L. Manuel Jr.
2014 WL 3408236, 443 S.W.3d 669, 2014 Mo. App. LEXIS 769 (2014)
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Rule of Law:
Under Missouri's felony murder statute, a killing that occurs as a proximate result of an underlying felony is considered to have occurred 'in the perpetration' of that felony, even if the killing happens immediately after the technical elements of the felony are complete. The statute encompasses a continuous transaction from the felony's inception through its immediate aftermath, requiring a close causal connection rather than a strict temporal overlap.
Facts:
- Lee Zemke and Denise Peterson contacted Carlton Manuel to arrange the purchase of crack cocaine.
- Zemke and Peterson drove to the designated location, where Manuel and another man were waiting.
- Manuel approached their car and handed Peterson a baggie of a substance in exchange for fifty dollars.
- After Peterson sampled a piece, she and Zemke became concerned the substance was fake because it did not melt properly.
- Zemke decided to abort the transaction, stating, 'We’re out of here,' and began to drive away from the scene.
- As their vehicle was pulling away, at least five gunshots were fired at the car.
- The car was struck multiple times, and one of the bullets hit Peterson in the head, causing her death.
- Manuel later admitted to police that he was present and had arranged the deal, but claimed an accomplice began shooting when the car drove off.
Procedural Posture:
- Carlton Manuel was charged in a Missouri trial court with second-degree (felony) murder and armed criminal action.
- Following a trial, a jury found Manuel guilty on both counts.
- The trial court sentenced Manuel to concurrent prison terms of twenty years for murder and five years for armed criminal action.
- Manuel filed a timely appeal of his conviction to the Missouri Court of Appeals, Western District.
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Issue:
Does Missouri's felony murder statute, § 565.021.1(2), require the State to prove as a separate temporal element that a killing occurred strictly 'during' the commission of the underlying felony's essential elements, distinct from the requirement that the killing occurred 'as a result of' the felony?
Opinions:
Majority - Cynthia L. Martin
No, the felony murder statute does not require the State to prove as a separate temporal element that the killing occurred strictly during the commission of the underlying felony. The court held that the phrase 'in the perpetration of such felony' is not a narrow temporal requirement limited to the exact moments the felony's elements are being committed. Instead, it broadly encompasses a continuous transaction from the beginning of the felony through all reasonably associated consequences, including immediate flight. The court reasoned that the legislature's inclusion of 'flight from the perpetration,' which necessarily occurs after a felony is complete, indicates an intent for a broader application. The essential elements are the commission of a felony, a death, and a proximate causal relationship between the two. The court concluded that Peterson's death and the attempted drug sale were parts of 'one continuous transaction' and were closely connected in time, place, and causal relation, thus satisfying the statute.
Analysis:
This decision solidifies the 'one continuous transaction' or 'res gestae' doctrine in Missouri's felony murder jurisprudence. By rejecting a strict, technical interpretation of 'in the perpetration,' the court prevents defendants from escaping liability for killings that occur moments after the underlying felony is technically complete. The ruling emphasizes proximate causation over strict temporality, meaning future courts will focus on whether the killing was a foreseeable result of the felony rather than on a stopwatch. This strengthens the state's ability to prosecute felony murder cases where violence erupts in the immediate aftermath of a crime, such as a botched drug deal or a robbery.
