State of Missouri v. Juan Madrigal, Jr.

Rule of Law:

Evidence of repeated strangulation causing a victim to lose consciousness, combined with expert medical testimony on the severe risks of strangulation and observable injuries, is sufficient to establish 'serious physical injury' for first-degree domestic assault. Prior bad act evidence may be admissible to rebut unfavorable inferences created by the defense or to demonstrate intent and provide a complete picture of the events.

Facts:

• Juan Madrigal, Jr. and Victim were dating and living at Victim's mother's house; their relationship was marked by arguments.
• On April 5, 2019, Madrigal backhanded Victim, striking her mouth and causing her lip to bleed.
• Victim told Madrigal their relationship was over and he needed to move out; Madrigal yelled at Victim to sit on the bed as he began packing, then started to strangle her.
• Madrigal dragged Victim through the house to the kitchen, where he strangled her until she lost consciousness; when she regained consciousness, she had trouble breathing and was hyperventilating.
• Madrigal again strangled Victim until she lost consciousness; when she recovered, she was crying and unable to breathe.
• Madrigal retrieved a knife, held it against Victim's back, and threatened to kill her if she did not stop crying.
• Victim was able to break free in the bathroom, run outside to a neighbor's house, and call for help, at which point Madrigal left the area.
• A month before the April 5 incident, Madrigal left a voicemail threatening Victim that if she did not answer his calls, he would contact the Division of Family Services about her children, go to her job, and generally ruin her life.
• The day before the April 5 incident, Madrigal, while in a car with Victim, wrapped a seatbelt around her throat and strangled her, threatening to kill her if she tried to end their relationship.
• Sheriff's Deputy Keith Crowley observed Victim had redness around her throat, a 'fat lip,' red marks on her cheek, a cut, and bruising to her neck and throat.
• Victim's mother, a registered nurse, observed Victim to be distraught and shaking, with red marks on her neck, broken blood vessels in her face and jaw, and petechiae in her cheeks, and drove Victim to the hospital.
• Nurse Mary Bordner treated Victim at the emergency room, observing a swollen face with lip abrasions and bruising on her throat, and ordered X-rays and CT scans due to concern for internal injuries.
• Nurse Kathryn Howard, an expert in forensic nursing, testified that strangulation can cause death by depriving the brain of oxygen, leading to brain cell death within seconds and brain death in minutes, and that loss of consciousness, bruising, and petechiae are consistent with severe strangulation that carries a substantial risk of death and long-term conditions.

Procedural Posture:

• The State charged Juan Madrigal, Jr. with first-degree domestic assault, second-degree domestic assault, first-degree harassment, armed criminal action, and first-degree tampering.
• While in custody, Madrigal called Victim and attempted to have the charges dismissed, leading the State to charge him with an additional count of tampering with a victim.
• Prior to trial, the State gave notice of its intent to introduce several pieces of prior bad act evidence, which Madrigal opposed as improper propensity evidence.
• The trial court deferred its evidentiary ruling on the prior bad act evidence until after Madrigal cross-examined Victim.
• The case proceeded to a jury trial.
• During Madrigal's cross-examination of Victim, he questioned her about answering his phone calls from jail.
• The trial court then allowed the State to introduce a voicemail and testimony about a prior strangling incident (the 'Seatbelt Incident') over Madrigal's objections.
• The jury found Madrigal guilty of first-degree domestic assault, second-degree domestic assault, and attempted victim tampering, and acquitted him on first-degree tampering, armed criminal action, and first-degree harassment.
• The trial court entered judgment and sentenced Madrigal to concurrent prison terms.
• Madrigal moved for acquittal and a new trial, which the trial court denied.
• Madrigal appealed from the trial court’s judgment to the Missouri Court of Appeals, Eastern District.