State v. Evans
1988 WL 72084, 1988 Mo. App. LEXIS 982, 755 S.W.2d 673 (1988)
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Rule of Law:
A person committing a felony, such as burglary, is not entitled to a self-defense instruction when they use force against a victim who is lawfully attempting a citizen's arrest. Furthermore, the charge of first-degree burglary only requires the state to prove a non-participant was present in the building; it does not require proof that the defendant knew of the person's presence.
Facts:
- On September 1, 1986, Darryl Throgmorton, his wife Tanya, and their daughter Renee returned to their apartment.
- Upon entering, they heard a noise from the bedroom.
- Darryl Throgmorton entered the bedroom and discovered the Defendant with his arms inside the window.
- After being shouted at, the Defendant fled the scene.
- Darryl Throgmorton pursued the Defendant and shouted for bystanders' assistance.
- When Darryl Throgmorton caught up to him, the Defendant attempted to stab him with a screwdriver.
- Darryl Throgmorton grabbed the Defendant's arm, causing him to drop the screwdriver, and both men fell to the ground.
- The Defendant continued to flee but was subsequently apprehended by Officer Tackes, who arrived after a call for help.
Procedural Posture:
- The State of Missouri charged the Defendant with burglary in the first degree and assault in the first degree in a state trial court.
- At trial, the Defendant requested a jury instruction on self-defense, which the trial court rejected.
- The Defendant also made a motion for judgment of acquittal on both counts, which the trial court denied.
- A jury convicted the Defendant of both burglary and assault.
- The trial court, finding the Defendant to be a persistent offender, sentenced him to seven years for burglary and a concurrent fifteen years for assault.
- The Defendant appealed the judgment to the Missouri Court of Appeals, Eastern District.
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Issue:
Does a person caught in the act of committing a burglary have a right to claim self-defense when using force against the victim who is attempting a lawful citizen's arrest, and must the state prove the defendant knew a non-participant was present to sustain a first-degree burglary conviction?
Opinions:
Majority - Dowd, J.
No. A person caught committing a burglary does not have a right to claim self-defense for using force against a victim lawfully attempting to apprehend them, and the state does not need to prove the defendant knew a non-participant was present for a first-degree burglary conviction. The court reasoned that the right to self-defense applies only against the use of 'unlawful force.' Here, Darryl Throgmorton's attempt to apprehend the Defendant was a lawful citizen's arrest authorized by statute (§ 563.051.2). Therefore, the Defendant's use of a screwdriver constituted an assault, not a privileged act of self-defense. Regarding the burglary charge, the court interpreted the statute (§ 569.160) to mean that the mental state of 'knowingly' applies only to the act of unlawfully entering or remaining in a building. The presence of a non-participant is a strict liability aggravating circumstance that elevates the crime to first-degree burglary, and no culpable mental state is required for that element.
Analysis:
This decision solidifies the legal principle that the initial aggressor or wrongdoer in a criminal act cannot claim self-defense when resisting lawful apprehension by their victim. It removes any ambiguity about whether a fleeing felon can use force to escape and then justify it. The case also provides a key statutory interpretation of Missouri's first-degree burglary law, establishing the presence of a non-participant as a strict liability element. This holding simplifies the prosecutor's burden of proof in first-degree burglary cases, as they are not required to prove the defendant's state of mind regarding the occupancy of the building.
