State v. Harding
528 S.W.3d 362 (2017)
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Rule of Law:
In Missouri, the felony of unlawful possession of a firearm by a felon may serve as the underlying felony for a second-degree felony murder conviction if, under the specific circumstances of the case, the victim's death was a foreseeable and proximate result of the commission of that felony.
Facts:
- Ricky Harding (Defendant), a previously convicted felon, illegally acquired a Colt .45 pistol 'off the street' and was aware it was illegal for him to possess it.
- Defendant lived with the victim (Mother) and four children, and the couple argued almost every day.
- Defendant kept the loaded pistol hidden between the couch cushions in the living room.
- In the early morning of May 25, 2014, Defendant and Mother engaged in a loud argument, which awoke their daughter.
- During the argument, Mother grabbed the pistol from the couch cushions.
- Defendant and Mother began to physically struggle for control of the weapon.
- During the struggle, the pistol discharged, firing a bullet that struck Mother's femoral artery.
- After Mother was shot, Defendant drove away from the home alone, leaving the four children with their dying Mother.
Procedural Posture:
- The State charged Ricky Harding (Defendant) in a Missouri trial court with second-degree felony murder, unlawful possession of a firearm, domestic assault, and child endangerment.
- Following a five-day trial, a jury found Defendant guilty of felony murder, unlawful possession of a firearm, domestic assault in the second degree, and four counts of endangering the welfare of a child in the second degree.
- The trial court entered judgment on the verdict and sentenced Defendant to a total of 30 years of imprisonment.
- Defendant (as appellant) appealed his conviction to the Missouri Court of Appeals, Eastern District.
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Issue:
Does the felony of unlawful possession of a firearm by a felon serve as a legally sufficient predicate felony for a second-degree felony murder conviction under Missouri law?
Opinions:
Majority - Judge Lisa P. Page
Yes. The felony of unlawful possession of a firearm by a felon can serve as the predicate felony for a second-degree felony murder conviction. Missouri's felony murder statute applies to 'any felony' and does not require the underlying felony to be 'inherently dangerous.' Instead, Missouri courts apply a 'foreseeability-proximate cause' analysis. A death is foreseeable if the underlying felony and the killing were part of a continuous transaction, closely connected in time, place, and causal relation. Here, the defendant, a felon, knowingly introduced a loaded, illegal firearm into a home prone to frequent domestic disputes. His illegal possession of the firearm was closely connected to the altercation that resulted in the victim's death, making it foreseeable that such an incident would occur. Therefore, a rational juror could find the defendant's unlawful possession of the firearm was a foreseeably proximate cause of the victim's death.
Analysis:
This case establishes a significant precedent in Missouri by being the first to explicitly hold that unlawful possession of a firearm by a felon can be the predicate felony for a felony murder conviction. The court's analysis solidifies that Missouri will not follow the 'inherently dangerous' felony limitation adopted by some other states. Instead, it reaffirms a case-specific 'foreseeability-proximate cause' test, which broadens the potential application of the felony murder rule to felonies that are not violent in the abstract but become so under particular circumstances. This decision gives prosecutors a powerful tool in cases where an illegal weapon is introduced into a volatile situation that results in death.
