State v. Davis
905 S.W.2d 921 (1995)
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Rule of Law:
The element of deliberation required for a first-degree murder conviction can be established in the brief moment before the act of killing. Evidence that a defendant armed himself before committing a felony and then used the weapon during a confrontation with the victim is sufficient to support a finding of deliberation.
Facts:
- On December 2, 1992, Reginald Davis, Luther Blackwell, and Demetrius Tabbs were drinking and decided to go rob someone.
- Tabbs drove the group to the central west end of St. Louis.
- Davis was known to carry a handgun, and as he exited the car, Tabbs saw him reach for the small of his back where he customarily kept it.
- In a parking lot, the group targeted Natalie Hasty and Kevin Young, who were unloading groceries.
- Blackwell approached Hasty with a knife to steal her purse, while Davis, armed with a handgun, confronted Young.
- Davis demanded Young's wallet, and a struggle ensued between the two men.
- During the struggle, Davis shot Young three times, inflicting mortal wounds.
- Blackwell then fled with Hasty's purse.
Procedural Posture:
- The State of Missouri charged Reginald Davis in a state trial court with murder in the first degree, armed robbery, and armed criminal action.
- A jury found Davis guilty on all counts.
- The trial court sentenced Davis to life imprisonment without probation or parole.
- Davis filed a motion for postconviction relief alleging incompetence of counsel, which the trial court denied.
- Davis appealed both the judgment of his conviction and the denial of his postconviction motion to the Missouri Court of Appeals, an intermediate appellate court.
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Issue:
Does a defendant's decision to use a weapon he brought to a robbery during a struggle with the victim constitute sufficient evidence of 'deliberation' to support a first-degree murder conviction?
Opinions:
Majority - Senior Judge Charles B. Blackmar
Yes. A defendant's decision to use a weapon brought to a crime during a struggle with the victim is sufficient evidence of deliberation for first-degree murder. The court reasoned that deliberation need only be momentary and can be inferred from the circumstances. The jury could conclude that Davis formed a deliberate purpose to use the gun if necessary when he armed himself before the robbery. Furthermore, when confronted by the victim, Davis made a conscious decision to use the weapon, which demonstrates deliberation. Citing State v. Hatfield, the court affirmed that the required 'cool reflection' can occur in the seconds before the fatal act, even during an agitated state, and that a prolonged struggle also supports a finding of deliberation, as held in State v. LaRette.
Analysis:
This decision reinforces the very low threshold for proving the element of deliberation in Missouri's first-degree murder jurisprudence. It clarifies that 'cool reflection' does not imply a lengthy or calm thought process, but can occur instantaneously during a violent confrontation. The case serves as a strong precedent for prosecutors, allowing them to use circumstantial evidence, such as a defendant arming himself before a crime, to establish the requisite mental state for the most serious homicide charge. It solidifies the legal principle that escalating force during a felony when faced with resistance can elevate a resulting death to first-degree murder.
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